Preview
FILED: NEW YORK COUNTY CLERK 02/15/2024 05:25 PM INDEX NO. 650836/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/15/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
__.._____________________________________________________________________________Ç
The Building Service 32BJ Health Fund, the Building Service 32BJ :
Pension Fund, the Thomas Shortman Training & Scholarship and :
Safety Fund, the Building Service 32BJ Legal Services Fund : VERIFIED PETITION
: TO CONFIRM
Petitioners, : ARBITRATION
: AWARD
- against - :
: Index No. /2024
United DBT Security Inc. :
Respondent(s) :
_______---___---------------__--------------------------__________Ç
TO THE SUPREME COURT OF THE STATE OF NEW YORK:
Petitioners, by their attorneys, RAAB, STURM & GANCHROW, LLP, complaining of
the Respondent(s), respectfully allege:
The Petitioners in this action are the Building Service 32BJ Health Fund, the Building
Service 32BJ Pension Fund, the Thomas Shortman Training & Scholarship and Safety Fund,
("Funds"
and the Building Service 32BJ Legal Services Fund, hereinafter referred to as the or
the "Petitioners"). The Funds are trust funds organized pursuant to the Taft-Hartley Act of 1947.
18* 4*
The Funds are located and administered at 25 West Street, floor, New York, New York
10011. The Petitioners respectfully allege:
"Employer"
1. Upon information and belief, United DBT Security Inc. (the or
"Respondent") herein, was and still is, in the business of providing security services to
commercial and residential properties located in and around New York City. The Employer has
a principal place of business located at 150 Clermont New 11205-
Avenue, Brooklyn, York,
2455. For all relevant time periods covered in the instant dispute, the Respondent was engaged
in the regular conduct of business at said premises within the State of New York.
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2. For all relevant periods herein, the Employer was party to a collective bargaining
agreement with union Local 32BJ, Service Employees International Union (the "Union")
covering the service employees employed by the Employer, at the locations where the
Respondent provided security services. The agreement covered inter alia the wages, hours,
conditions and benefits of said employees. A copy of the master agreement called the "2016
Agreement"
New York City Collective Bargaining ("Agreement") between the Union and the
Employer, by which the Respondent was bound, is attached hereto as Exhibit "A". That
Agreement had effective dates from May 1, 2016 through the April 30, 2020.
3. The Agreement obligated Respondent to make contributions to various employee
"Funds" "Petitioners"
benefit Funds, which are jointly administered Funds, and which are the
herein. See pages twenty-eight through thirty-two of the Agreement which sets forth the terms
regarding the Employer's required contributions, due to the Building Service 32BJ Health
Fund, as noted in Article XX of the Agreement. See also Article XXI which covers the
contributions due from the Employer to the Supplemental Retirement and Savings Fund
("SRSP"). See also Article XXI on page thirty-one of the Agreement, which covered the
obligations of the Respondent regarding contributions due to the 401K Plan/ Building Service
32BJ Supplemental Retirement Savings Plan, the ("SRSP").
4. Article XXII located on page thirty- two of the Agreement is entitled "Provisions
Funds."
Applicable to All That article reads as follows:
"...If the Employer fails to make the required reports or payments to the
Funds, the Trustees may take necessary action including but not limited
to, immediate arbitration and suits at law, to enforce such reports and
payments, together with interest and liquidated damages as provided in the
Funds'
Trust Agreement, as well as any and all collection expenses
including, but not limited to, counsel fees, arbitration costs and fees, court
auditors' interest."
costs, fees, and
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5. Article XXV on page thirty-four of the Agreement is entitled, "Grievance &
Arbitration."
Paragraph one of that Article states that:
"1. General: During the term of this Agreement, all disputes and
grievances shall be settled as quickly as possible by the Grievance
herein."
Procedure provided
Article XXV paragraphs four through nine, sets forth the Grievance procedure and lists which
Arbitrators can hear the grievances. This section makes reference to the fact that an arbitration
"Award"
may be issued by the Arbitrator in accordance with the Agreement.
"A,"
6. In addition to Ex. the Respondent herein was also bound by two separate
"A."
Riders to Ex. Respondent was bound by the Rider Agreement between the Respondent and
the Union, which Rider covered the Security Officers who worked at the building called "The
Rennie."
The Rennie is a residential apartment complex located at 2351 Adam Clayton Powell
Boulevard, in New York City. A copy of the Rider for The Rennie, is attached hereto as
"B." "B,"
Exhibit As stated in paragraph number eleven of Ex. the stated duration of the Rider
agreement was from November 1, 2020 through April 30, 2024.
"B"
7. Exhibit required the Respondent to make payments into the various benefit
funds, which included the Building Service 32BJ Health Fund, the Building Service 32BJ
Supplemental Retirement and Savings Plan ("SRSP"), the Building Service 32BJ Legal
Services Fund, and the Thomas Shortman Training Fund. See paragraphs seven through ten,
"B."
located on pages four through six of Ex.
"B"
8. In addition to Ex. the Rider agreement noted above, the Respondent herein
was also bound by a second Rider Agreement, between the Respondent and the Union. The
second Rider Agreement covered the Security Officers working at the building located at the
address of "171 West 131 Street". This building is a residential apartment building located in
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Street"
New York City. A copy of the Rider for the "171 West 131 building, is attached hereto
as Exhibit "C".
131st
9. The Rider for "171 West Street required the Respondent to make
payments into the various benefit funds which included the Building Service 32BJ Health Fund,
the 401K Fund the Building Service 32BJ Supplemental Retirement and Savings Plan
("SRSP"), the Building Service 32BJ Legal Services Fund and the Building Service 32BJ
Thomas Shortman Training Fund. See Articles XX through XXI, located on pages four
"C."
through six of Ex.
10. There came a time when the Funds requested certain documents and records
Funds'
from the Respondent. The documents were requested from Respondent by the audit
Funds'
firm, so that the outside audit firm could review the documents and conduct a payroll
Funds'
compliance audit of the Respondent's books and records. As stated in the rules and
Funds'
regulations, the Employers must submit to and cooperate with the audit firm, when they
conduct the payroll compliance audits. The payroll compliance audits are provided for in the
Funds'
rules and regulations. As a contributing employer to the various benefit funds, the
Funds' Funds'
Respondent was bound by the rules and regulations and the collection policy.
11. Certain disputes and grievances did arise between the Funds and the Employer,
Funds'
concerning the Employer's failure to fully cooperate with the audit firm, when they tried
to conduct a payroll compliance audit of the Respondent's books and records.
"A"
12. Pursuant to Article XXV of the Ex. the Agreement, unsettled disputes and
differences between the parties were to be submitted for decision and award to the Contract
Arbitrator.
13. There came a time when Petitioners had some disputes with the Respondent
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Funds'
regarding the Employer's failure to cooperate with the payroll compliance audit. In
accordance with the terms of the Agreement, an arbitration hearing was demanded by the
Funds. The arbitration hearing was held before the Contract Arbitrator, Gary T. Kendellen on
March 1, 2023. (A copy of the Award dated May 1, 2023, which Award was rendered by
Arbitrator Gary T. Kendellen, is annexed hereto as Exhibit "D").
14. As appears from page two of the Award, the Arbitrator directed the Employer to
do the following:
Funds'
"The Employer shall provide to the Auditor all documents
necessary for the completion of a payroll compliance audit. The
employees'
documents that shall be provided are: individual earnings
records, complete payroll, records, quarterly, Federal and state payroll tax
forms, including but not limited to forms W-2, with W-3 and W-25, the
general ledger/cash disbursements journal, 401K enrollment forms, an
employee roster accurately listing the title of each employee throughout
the audit time period and such other and further documents that the
audit."
auditor shall request in order to complete its
The Employer shall contact the Auditor and provide the documents within
two weeks of the date hereof.
Funds'
The Employer shall also pay the audit costs to date of $506.20 and
attorney's fees of $1,750.00. In the event the Employer does not comply
with this Award and the Funds are required to commence legal
Funds' attorneys'
proceedings to confirm this Award, I also award the
proceeding." added)."
fees and costs incurred in such (emphasis
Funds'
15. The Award directed the Respondent to pay the audit costs of $506.20.
Funds'
The Award also directed the Respondent to pay the attorney's fees to date of $1,750.00.
Those two items added up to the total monetary amount due to the Funds, as stated in the Award
of $2,256.20. To date, this $2,256.20 was never paid by the Respondent to the Petitioners.
16. Upon information and belief, an original of the attached Award was mailed to
the Employer by certified mail, by the Office of the Contract Arbitrator.
17. Attached to the Verified Petition to Confirm the Arbitration Award is Exhibit
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"E," Petitioners'
which is the Verification Affidavit of David Murphy, which was dated and
signed on January 23, 2024. In the Verification Affidavit David Murphy confirmed that as of
January 23, 2024, the Respondent had not paid any portion of the $2,256.20 amount due to the
Funds, as the Respondent was directed to pay Petitioners, as per the Award. Mr. Murphy further
Funds'
confirmed that as of January 23, 2024, the Respondent had not sent into the audit firm,
any of the required documents listed on page two of the Award, which the arbitrator specifically
Funds'
directed the Respondent to submit to the audit firm. On page two of the Award, the
Arbitrator stated that;
"The Employer shall contact the auditor and provide the above
"
documents within two weeks of the date hereof (emphasis added)
Two weeks from the date on the Award, was the date of May 15, 2023. More than eight months
have passed since May 15, 2023, and still the Respondent has failed and refused to send the
Petitioners'
audit firm, the missing documents that they were directed to submit to the
Petitioners, as stated in the Award.
Petitioners'
18. As confirmed by David Murphy in the Verification affidavit,
Respondent still owes the Petitioners/Funds the total monetary amount as stated in the Award,
which is $2,256.20. In addition, the Respondent still owes the Petitioners all of the documents
listed on page two of the Award dated May 1, 2023.
WHEREFORE, Petitioners demand a judgment confirming the arbitration award of
Arbitrator Gary T. Kendellen dated May 1, 2023, in its entirety and Petitioners further request
that the court issue a judgment against the Respondent herein, in the amount of $2,256.20,
which represents the total monetary amount due to Petitioners on the Award, plus interest on
that amount due, from the date the arbitration Award was issued, until the date judgment is
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entered, together with the costs and disbursements of this proceeding; and the Petitioners further
demand that the court issue a judgment order which directs the Respondent to immediately
submit the to the Petitioners, all the missing documents that were listed in the arbitration Award
and for such further relief as this Court may deem just and proper.
Dated: Fort Lee, New Jersey
February 2024
RAAB, STURM & GANCHROW, LLP
ura Breen
ttorneys for Petitioners
2125 Center Ave., Suite 100
Fort Lee, New Jersey 07024
Phone (201) 292 -0150
Email: mbreen(alrsgilp.com
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Preview
FILED: NEW YORK COUNTY CLERK 02/15/2024 05:25 PM INDEX NO. 650836/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/15/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK __.._____________________________________________________________________________Ç The Building Service 32BJ Health Fund, the Building Service 32BJ : Pension Fund, the Thomas Shortman Training & Scholarship and : Safety Fund, the Building Service 32BJ Legal Services Fund : VERIFIED PETITION : TO CONFIRM Petitioners, : ARBITRATION : AWARD - against - : : Index No. /2024 United DBT Security Inc. : Respondent(s) : _______---___---------------__--------------------------__________Ç TO THE SUPREME COURT OF THE STATE OF NEW YORK: Petitioners, by their attorneys, RAAB, STURM & GANCHROW, LLP, complaining of the Respondent(s), respectfully allege: The Petitioners in this action are the Building Service 32BJ Health Fund, the Building Service 32BJ Pension Fund, the Thomas Shortman Training & Scholarship and Safety Fund, ("Funds" and the Building Service 32BJ Legal Services Fund, hereinafter referred to as the or the "Petitioners"). The Funds are trust funds organized pursuant to the Taft-Hartley Act of 1947. 18* 4* The Funds are located and administered at 25 West Street, floor, New York, New York 10011. The Petitioners respectfully allege: "Employer" 1. Upon information and belief, United DBT Security Inc. (the or "Respondent") herein, was and still is, in the business of providing security services to commercial and residential properties located in and around New York City. The Employer has a principal place of business located at 150 Clermont New 11205- Avenue, Brooklyn, York, 2455. For all relevant time periods covered in the instant dispute, the Respondent was engaged in the regular conduct of business at said premises within the State of New York. 1 of 7 FILED: NEW YORK COUNTY CLERK 02/15/2024 05:25 PM INDEX NO. 650836/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/15/2024 2. For all relevant periods herein, the Employer was party to a collective bargaining agreement with union Local 32BJ, Service Employees International Union (the "Union") covering the service employees employed by the Employer, at the locations where the Respondent provided security services. The agreement covered inter alia the wages, hours, conditions and benefits of said employees. A copy of the master agreement called the "2016 Agreement" New York City Collective Bargaining ("Agreement") between the Union and the Employer, by which the Respondent was bound, is attached hereto as Exhibit "A". That Agreement had effective dates from May 1, 2016 through the April 30, 2020. 3. The Agreement obligated Respondent to make contributions to various employee "Funds" "Petitioners" benefit Funds, which are jointly administered Funds, and which are the herein. See pages twenty-eight through thirty-two of the Agreement which sets forth the terms regarding the Employer's required contributions, due to the Building Service 32BJ Health Fund, as noted in Article XX of the Agreement. See also Article XXI which covers the contributions due from the Employer to the Supplemental Retirement and Savings Fund ("SRSP"). See also Article XXI on page thirty-one of the Agreement, which covered the obligations of the Respondent regarding contributions due to the 401K Plan/ Building Service 32BJ Supplemental Retirement Savings Plan, the ("SRSP"). 4. Article XXII located on page thirty- two of the Agreement is entitled "Provisions Funds." Applicable to All That article reads as follows: "...If the Employer fails to make the required reports or payments to the Funds, the Trustees may take necessary action including but not limited to, immediate arbitration and suits at law, to enforce such reports and payments, together with interest and liquidated damages as provided in the Funds' Trust Agreement, as well as any and all collection expenses including, but not limited to, counsel fees, arbitration costs and fees, court auditors' interest." costs, fees, and 2 of 7 FILED: NEW YORK COUNTY CLERK 02/15/2024 05:25 PM INDEX NO. 650836/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/15/2024 5. Article XXV on page thirty-four of the Agreement is entitled, "Grievance & Arbitration." Paragraph one of that Article states that: "1. General: During the term of this Agreement, all disputes and grievances shall be settled as quickly as possible by the Grievance herein." Procedure provided Article XXV paragraphs four through nine, sets forth the Grievance procedure and lists which Arbitrators can hear the grievances. This section makes reference to the fact that an arbitration "Award" may be issued by the Arbitrator in accordance with the Agreement. "A," 6. In addition to Ex. the Respondent herein was also bound by two separate "A." Riders to Ex. Respondent was bound by the Rider Agreement between the Respondent and the Union, which Rider covered the Security Officers who worked at the building called "The Rennie." The Rennie is a residential apartment complex located at 2351 Adam Clayton Powell Boulevard, in New York City. A copy of the Rider for The Rennie, is attached hereto as "B." "B," Exhibit As stated in paragraph number eleven of Ex. the stated duration of the Rider agreement was from November 1, 2020 through April 30, 2024. "B" 7. Exhibit required the Respondent to make payments into the various benefit funds, which included the Building Service 32BJ Health Fund, the Building Service 32BJ Supplemental Retirement and Savings Plan ("SRSP"), the Building Service 32BJ Legal Services Fund, and the Thomas Shortman Training Fund. See paragraphs seven through ten, "B." located on pages four through six of Ex. "B" 8. In addition to Ex. the Rider agreement noted above, the Respondent herein was also bound by a second Rider Agreement, between the Respondent and the Union. The second Rider Agreement covered the Security Officers working at the building located at the address of "171 West 131 Street". This building is a residential apartment building located in 3 of 7 FILED: NEW YORK COUNTY CLERK 02/15/2024 05:25 PM INDEX NO. 650836/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/15/2024 Street" New York City. A copy of the Rider for the "171 West 131 building, is attached hereto as Exhibit "C". 131st 9. The Rider for "171 West Street required the Respondent to make payments into the various benefit funds which included the Building Service 32BJ Health Fund, the 401K Fund the Building Service 32BJ Supplemental Retirement and Savings Plan ("SRSP"), the Building Service 32BJ Legal Services Fund and the Building Service 32BJ Thomas Shortman Training Fund. See Articles XX through XXI, located on pages four "C." through six of Ex. 10. There came a time when the Funds requested certain documents and records Funds' from the Respondent. The documents were requested from Respondent by the audit Funds' firm, so that the outside audit firm could review the documents and conduct a payroll Funds' compliance audit of the Respondent's books and records. As stated in the rules and Funds' regulations, the Employers must submit to and cooperate with the audit firm, when they conduct the payroll compliance audits. The payroll compliance audits are provided for in the Funds' rules and regulations. As a contributing employer to the various benefit funds, the Funds' Funds' Respondent was bound by the rules and regulations and the collection policy. 11. Certain disputes and grievances did arise between the Funds and the Employer, Funds' concerning the Employer's failure to fully cooperate with the audit firm, when they tried to conduct a payroll compliance audit of the Respondent's books and records. "A" 12. Pursuant to Article XXV of the Ex. the Agreement, unsettled disputes and differences between the parties were to be submitted for decision and award to the Contract Arbitrator. 13. There came a time when Petitioners had some disputes with the Respondent 4 of 7 FILED: NEW YORK COUNTY CLERK 02/15/2024 05:25 PM INDEX NO. 650836/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/15/2024 Funds' regarding the Employer's failure to cooperate with the payroll compliance audit. In accordance with the terms of the Agreement, an arbitration hearing was demanded by the Funds. The arbitration hearing was held before the Contract Arbitrator, Gary T. Kendellen on March 1, 2023. (A copy of the Award dated May 1, 2023, which Award was rendered by Arbitrator Gary T. Kendellen, is annexed hereto as Exhibit "D"). 14. As appears from page two of the Award, the Arbitrator directed the Employer to do the following: Funds' "The Employer shall provide to the Auditor all documents necessary for the completion of a payroll compliance audit. The employees' documents that shall be provided are: individual earnings records, complete payroll, records, quarterly, Federal and state payroll tax forms, including but not limited to forms W-2, with W-3 and W-25, the general ledger/cash disbursements journal, 401K enrollment forms, an employee roster accurately listing the title of each employee throughout the audit time period and such other and further documents that the audit." auditor shall request in order to complete its The Employer shall contact the Auditor and provide the documents within two weeks of the date hereof. Funds' The Employer shall also pay the audit costs to date of $506.20 and attorney's fees of $1,750.00. In the event the Employer does not comply with this Award and the Funds are required to commence legal Funds' attorneys' proceedings to confirm this Award, I also award the proceeding." added)." fees and costs incurred in such (emphasis Funds' 15. The Award directed the Respondent to pay the audit costs of $506.20. Funds' The Award also directed the Respondent to pay the attorney's fees to date of $1,750.00. Those two items added up to the total monetary amount due to the Funds, as stated in the Award of $2,256.20. To date, this $2,256.20 was never paid by the Respondent to the Petitioners. 16. Upon information and belief, an original of the attached Award was mailed to the Employer by certified mail, by the Office of the Contract Arbitrator. 17. Attached to the Verified Petition to Confirm the Arbitration Award is Exhibit 5 of 7 FILED: NEW YORK COUNTY CLERK 02/15/2024 05:25 PM INDEX NO. 650836/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/15/2024 "E," Petitioners' which is the Verification Affidavit of David Murphy, which was dated and signed on January 23, 2024. In the Verification Affidavit David Murphy confirmed that as of January 23, 2024, the Respondent had not paid any portion of the $2,256.20 amount due to the Funds, as the Respondent was directed to pay Petitioners, as per the Award. Mr. Murphy further Funds' confirmed that as of January 23, 2024, the Respondent had not sent into the audit firm, any of the required documents listed on page two of the Award, which the arbitrator specifically Funds' directed the Respondent to submit to the audit firm. On page two of the Award, the Arbitrator stated that; "The Employer shall contact the auditor and provide the above " documents within two weeks of the date hereof (emphasis added) Two weeks from the date on the Award, was the date of May 15, 2023. More than eight months have passed since May 15, 2023, and still the Respondent has failed and refused to send the Petitioners' audit firm, the missing documents that they were directed to submit to the Petitioners, as stated in the Award. Petitioners' 18. As confirmed by David Murphy in the Verification affidavit, Respondent still owes the Petitioners/Funds the total monetary amount as stated in the Award, which is $2,256.20. In addition, the Respondent still owes the Petitioners all of the documents listed on page two of the Award dated May 1, 2023. WHEREFORE, Petitioners demand a judgment confirming the arbitration award of Arbitrator Gary T. Kendellen dated May 1, 2023, in its entirety and Petitioners further request that the court issue a judgment against the Respondent herein, in the amount of $2,256.20, which represents the total monetary amount due to Petitioners on the Award, plus interest on that amount due, from the date the arbitration Award was issued, until the date judgment is 6 of 7 FILED: NEW YORK COUNTY CLERK 02/15/2024 05:25 PM INDEX NO. 650836/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/15/2024 entered, together with the costs and disbursements of this proceeding; and the Petitioners further demand that the court issue a judgment order which directs the Respondent to immediately submit the to the Petitioners, all the missing documents that were listed in the arbitration Award and for such further relief as this Court may deem just and proper. Dated: Fort Lee, New Jersey February 2024 RAAB, STURM & GANCHROW, LLP ura Breen ttorneys for Petitioners 2125 Center Ave., Suite 100 Fort Lee, New Jersey 07024 Phone (201) 292 -0150 Email: mbreen(alrsgilp.com 7 of 7