Opinion
No. 5245/2012.
2012-10-26
Thomas LANE, as President, Bricklayers & Allied Craftworkers, Local No. 7, AFL–CIO v. CENTRON INSTALLATIONS, INC., et al., Defendant.
Colleran, O'Hara & Mills, L.L.P., by Edward J. Groarke, Esq., Garden City, for the Petitioner. The Respondent Pro Se no papers submitted.
Colleran, O'Hara & Mills, L.L.P., by Edward J. Groarke, Esq., Garden City, for the Petitioner. The Respondent Pro Se no papers submitted.
CHARLES J. MARKEY, J.
The petitioner Thomas Lane, as President, Bricklayers & Allied Craftworkers Local No. 7, AFL–CIO (the union)is a labor organization that entered into a collective bargaining agreement with respondent Centron Installations, Inc., a New Jersey Corporation, which agreed to comply with the terms and conditions of employment set forth in the contract with the union. Pursuant to the parties' collective bargaining agreement, disputes arising under the collective bargaining agreement shall be referred to the industry Joint Trade Board for arbitration. If it finds that a contractual violation exists, the Joint Trade Board is empowered to impose an appropriate remedy.
Here, a dispute arose between the parties as to whether four members of the union received proper and timely wages and travel expenses for the performance of covered employment during a particular time-frame. The union sought, inter alia, $33,050.78 in back wages from respondent Centron Installations, Inc. The dispute was heard by the Joint Trade Board, whereupon a Decision and Award was rendered, on October 7, 2011.
In its decision dated October 7, 2011, the Joint Trade Board stated that the parties were desirous of amicably resolving the grievance and issued a Consent Award. The Consent Award provided: “Counsel for the Employer shall hold a Confession of Judgment in the name of Centron Coatings, Inc. in the sum of $33,050.78 minus payments tendered to the Union in a form annexed hereto as Exhibit A'.
Centron Coatings [a New Jersey corporation] is the named potential Judgment Debtor solely to protect the Union's interest in receiving full payment under this Award and the Joint Trade Board Panel makes no finding that it is separately liable for such Award or that it constitutes a single, joint or alter ego employer with Centron Installations, Inc. If there is a default by Respondent of the agreed upon payment schedule, then the Union shall place the respondent on notice of such default, with copy to its counsel. If the default is not rectified within five (5) business days, then the Confession of Judgment against Centron Coatings, Inc. will be released from escrow and tendered to Union counsel forthwith.” The Court notes that a duly notarized Confession of Judgment, the aforementioned Exhibit A, was never tendered to the petitioner.
The petitioner claims that the respondent has defaulted in making agreed upon payments and now owes it the principal sum of $11,016.93. It seeks a judgment herein confirming the award of the industry Joint Trade Board and mandating that a proper Confession of Judgment be tendered to the union. The Notice of Petition filed herein to confirm the arbitration award was served upon the respondents and their attorneys by mail. There is no opposition by the respondents.
“Personal jurisdiction must first be obtained before judgment may be entered upon the award” of arbitration (Sargant v. Monroe, 268 App.Div. 123, 49 N.Y.S.2d 546 [1st Dept.1944] ). In the case at bar, “[w]hile the contract between the parties provided for arbitration of any dispute arising under it, ... the contract ... [has not] conferred upon the Supreme Court of the State of New York jurisdiction in personam of the [respondents, New Jersey corporations]” (Matter of Red Line Commercial Co., Inc. (Pastene Co. Ltd), 269 A.D. 632, 58 N.Y.S.2d 143 [1st Dept.1945], appeal dismissed, 295 N.Y. 832 [1946].
No valid agreement has been presented herein to establish that the respondents consented to jurisdiction in this state ( cf., Swan v. Sit N Chat, 43 A.D.2d 949, 352 N.Y.S.2d 31 [2nd Dept.1974] ). Furthermore, the respondents “did not consent to the jurisdiction of the New York court by consenting to arbitration in New York” (Matter of Red Line Commercial Co., Inc. (Pastene Co.), 269 App.Div. 632, 58 N.Y.S.2d 143,supra.) Thus, notwithstanding the respondents' failure to answer the petition, judgment may not be entered against them because personal jurisdiction is lacking.
Accordingly, the motion is in all respects denied, and the petition is hereby dismissed.
The foregoing constitutes the decision, opinion, and order of the Court.