Preview
FILED: RICHMOND COUNTY CLERK 03/26/2024 06:06 PM INDEX NO. 85071/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/26/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
--- ------------------------------------------------X
THE BUILDING SERVICE 32BJ HEALTH FUND,
THE BUILDING SERVICE 32BJ PENSION FUND,
THE THOMAS SHORTMAN TRAINING & SCHOLARSHIP VERIFIED
AND SAFETY FUND, THE BUILDING SERVICE 32BJ LEGAL PETITION
SERVICES FUND, AND THE BUILDING SERVICE 32BJ
SUPPLEMENTAL RETIREMENT AND SAVINGS PLAN,
Petitioners,
v.
POONAM APARTMENTS LLC,
Respondent.
-----.......--------------------------________--------------X
STATE OF NEW JERSEY )
) ss:
COUNTY OF BERGEN )
TO THE SUPREME COURT OF THE STATE OF NEW YORK
Petitioners the Building Service 32BJ Health Fund, Building Service 32BJ Pension Fund,
the Thomas Shortman Training & Scholarship and Safety Fund, the Building Service 32BJ Legal
Services Fund, and the Building Service 32BJ Supplemental Retirement Savings Plan (collectively
"Petitioners"
and the "Funds"), by their attorneys Raab, Sturm & Ganchrow, LLP, complaining of
"Respondent"
Respondent Poonam Apartments LLC (the or "Employer"), aver as follows:
1. The Funds seek to confirm the fmal Arbitration Award (the "Award") issued by Arbitrator
Gary T. Kendellen (the "Arbitrator") of the Office of the Contract Arbitrator, dated March
6, 2024. A true and correct copy of the Award is attached hereto as Exhibit "A". Presently
the unpaid Award balance equals $84,299.39, the full Award balance. A Judgment should
be issued in favor of the Funds in this amount.
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2. Petitioners are trust funds organized pursuant to the Taft-Hartley Act of 1947. The Funds
18*
are located at 25 West St., New York, New York 10011.
3. Upon information and belief, Respondent is the employer of employees performing work
at 140-180 Park Hill Ave., Staten Island, NY 10304 (the "Property").
4. For all relevant time periods herein, Employer was and is party to a series of collective
bargaining agreements (the "CBAs") with the Service Employees International Union,
Local 32BJ (the "Union"), covering the service employees employed at the aforementioned
Property, specifically the New York City Independent Apartment House Agreements, and
its predecessor and successor agreements (collectively the "CBA"). A copy of the CBAs
are attached hereto as Exhibit "B".
5. The CBAs cover inter alia the wages, hours, conditions and benefits of said employees.
The CBAs require Respondent to make regular monthly and/or weekly contributions to the
respective Funds on behalf of all covered, eligible employees. See, e.g., Ex. B, Article X.
6. The CBAs further state that the Office of the Contract Arbitrator ("OCA") shall have the
authority to rule on Fund actions brought against contributing employers for "failure to
Funds."
make reports or payments to the Ex. D, Article X, Section F, p. 46.
Funds'
7. On a going forward basis, Employer utilizes the Employer Self-Service System
("ESS") to report employees to the Funds for benefit coverage, and make their contribution
payments. Employer is required to report necessary employee information into ESS, which
in turn automatically charges Employer the contribution balances in accordance with the
CBAs. The Funds then provide health insurance, pension, legal, training and retirement
benefits to those employees Respondent identified as eligible. Employer reports hires and
terminations, and other personnel actions affecting eligibility for benefit coverage, in ESS.
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Thus, ESS is a truly self-reporting system. Employer is charged exactly in accordance with
its own reports.
8. Despite Employer's clear responsibility to make its ESS contributions it failed to do so for
contributions owed due to Employer's reporting in ESS (also called V3), for the time period
April 1, 2023, to February 4, 2024. See Ex. A, p. l.
9. The Funds commenced arbitration at OCA for the outstanding ESS principal, interest, and
damages. OCA scheduled a hearing before Arbitrator Gary T. Kendellen of OCA on
August 29, 2023. Employer was served and noticed with the papers, but did not appear.
The Funds agreed to adjourn the hearing until October 4, 2023, December 18, 2023,
January 4, 2024, and March 5, 2024. Employer again was served and noticed with the
papers, and each time chose not to appear.
10. The hearing proceeded on March 5, 2024, and the Funds presented evidence in support of
its position. The Arbitrator ruled fully in favor of the Funds, issuing an Arbitration Award
fmding that the ESS charges were validly owed, on February 15, 2024. Specifically, the
Arbitrator awarded the Funds $84,299.39, representing the unpaid ESS principal of
$67,548.19, associated interest of $3,250.56 and liquidated damages in the amount of
$13,500.64.
11. To date, despite repeated demands, Respondents have not made payment of the Award
balance.. Presently, the unpaid Award balance remains $84,299.39, plus interest from the
date of the Award.
12. Upon information and belief, an original of the Award was mailed to the Respondents by
certified mail from the contract arbitrator's office.
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WHEREFORE, Petitioners demand that a judgment confirming the arbitration award of
Arbitrator Gary T. Kendellen of the Office of the Contract Arbitrator be rendered against Poonam
Apartments LLC, the respondents herein, ordering Respondent to remit payment of $84,299.39,
together with costs and disbursements of this proceeding and such further relief as this Court may
deem just and appropriate.
Dated: Fort Lee, New Jersey
March 26, 2024
Respectfully submitted,
RAAB, STURM & GANCHROW, LLP
SEuel R. Bloom
2125 Center Ave., Suite 100
Fort Lee, New Jersey 07024
T: (201) 292-0150
F: (201) 292-0152
sbloom@rsgilp.com
Attorneys for Petitioners
STATE OF NEW JERSEY )
) ss:
COUNTY OF BERGEN )
Samuel Bloom, being duly sworn, deposes and says:
I am an attorney at the firm of RAAB, STURM & GANCHROW, LLP, attorneys
for the Building Service 32BJ Health Fund, Building Service 32BJ Pension Fund, the
Thomas Shortman Training & Scholarship and Safety Fund, the Building Service 32BJ
Legal Services Fund, and the Building Service 32BJ Supplemental Retirement Savings
Plan, the Petitioners herein. I have read the foregoing Petition and know the contents
thereof to be true to the best of my knowledge, except as to those matters alleged upon
information and belief. As to those matters, I have relied upon communications with my
clients regarding their books and records, and I believe them to be true.
Samuel R. Bloom
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/26/2024
Subscribed and sworn to before me on
26d'
this day of March 2024
Ari Ganchrow, Esq.
N. J. Attorney No.
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Preview
FILED: RICHMOND COUNTY CLERK 03/26/2024 06:06 PM INDEX NO. 85071/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/26/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND --- ------------------------------------------------X THE BUILDING SERVICE 32BJ HEALTH FUND, THE BUILDING SERVICE 32BJ PENSION FUND, THE THOMAS SHORTMAN TRAINING & SCHOLARSHIP VERIFIED AND SAFETY FUND, THE BUILDING SERVICE 32BJ LEGAL PETITION SERVICES FUND, AND THE BUILDING SERVICE 32BJ SUPPLEMENTAL RETIREMENT AND SAVINGS PLAN, Petitioners, v. POONAM APARTMENTS LLC, Respondent. -----.......--------------------------________--------------X STATE OF NEW JERSEY ) ) ss: COUNTY OF BERGEN ) TO THE SUPREME COURT OF THE STATE OF NEW YORK Petitioners the Building Service 32BJ Health Fund, Building Service 32BJ Pension Fund, the Thomas Shortman Training & Scholarship and Safety Fund, the Building Service 32BJ Legal Services Fund, and the Building Service 32BJ Supplemental Retirement Savings Plan (collectively "Petitioners" and the "Funds"), by their attorneys Raab, Sturm & Ganchrow, LLP, complaining of "Respondent" Respondent Poonam Apartments LLC (the or "Employer"), aver as follows: 1. The Funds seek to confirm the fmal Arbitration Award (the "Award") issued by Arbitrator Gary T. Kendellen (the "Arbitrator") of the Office of the Contract Arbitrator, dated March 6, 2024. A true and correct copy of the Award is attached hereto as Exhibit "A". Presently the unpaid Award balance equals $84,299.39, the full Award balance. A Judgment should be issued in favor of the Funds in this amount. 1 of 5 FILED: RICHMOND COUNTY CLERK 03/26/2024 06:06 PM INDEX NO. 85071/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/26/2024 2. Petitioners are trust funds organized pursuant to the Taft-Hartley Act of 1947. The Funds 18* are located at 25 West St., New York, New York 10011. 3. Upon information and belief, Respondent is the employer of employees performing work at 140-180 Park Hill Ave., Staten Island, NY 10304 (the "Property"). 4. For all relevant time periods herein, Employer was and is party to a series of collective bargaining agreements (the "CBAs") with the Service Employees International Union, Local 32BJ (the "Union"), covering the service employees employed at the aforementioned Property, specifically the New York City Independent Apartment House Agreements, and its predecessor and successor agreements (collectively the "CBA"). A copy of the CBAs are attached hereto as Exhibit "B". 5. The CBAs cover inter alia the wages, hours, conditions and benefits of said employees. The CBAs require Respondent to make regular monthly and/or weekly contributions to the respective Funds on behalf of all covered, eligible employees. See, e.g., Ex. B, Article X. 6. The CBAs further state that the Office of the Contract Arbitrator ("OCA") shall have the authority to rule on Fund actions brought against contributing employers for "failure to Funds." make reports or payments to the Ex. D, Article X, Section F, p. 46. Funds' 7. On a going forward basis, Employer utilizes the Employer Self-Service System ("ESS") to report employees to the Funds for benefit coverage, and make their contribution payments. Employer is required to report necessary employee information into ESS, which in turn automatically charges Employer the contribution balances in accordance with the CBAs. The Funds then provide health insurance, pension, legal, training and retirement benefits to those employees Respondent identified as eligible. Employer reports hires and terminations, and other personnel actions affecting eligibility for benefit coverage, in ESS. 2 of 5 FILED: RICHMOND COUNTY CLERK 03/26/2024 06:06 PM INDEX NO. 85071/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/26/2024 Thus, ESS is a truly self-reporting system. Employer is charged exactly in accordance with its own reports. 8. Despite Employer's clear responsibility to make its ESS contributions it failed to do so for contributions owed due to Employer's reporting in ESS (also called V3), for the time period April 1, 2023, to February 4, 2024. See Ex. A, p. l. 9. The Funds commenced arbitration at OCA for the outstanding ESS principal, interest, and damages. OCA scheduled a hearing before Arbitrator Gary T. Kendellen of OCA on August 29, 2023. Employer was served and noticed with the papers, but did not appear. The Funds agreed to adjourn the hearing until October 4, 2023, December 18, 2023, January 4, 2024, and March 5, 2024. Employer again was served and noticed with the papers, and each time chose not to appear. 10. The hearing proceeded on March 5, 2024, and the Funds presented evidence in support of its position. The Arbitrator ruled fully in favor of the Funds, issuing an Arbitration Award fmding that the ESS charges were validly owed, on February 15, 2024. Specifically, the Arbitrator awarded the Funds $84,299.39, representing the unpaid ESS principal of $67,548.19, associated interest of $3,250.56 and liquidated damages in the amount of $13,500.64. 11. To date, despite repeated demands, Respondents have not made payment of the Award balance.. Presently, the unpaid Award balance remains $84,299.39, plus interest from the date of the Award. 12. Upon information and belief, an original of the Award was mailed to the Respondents by certified mail from the contract arbitrator's office. 3 of 5 FILED: RICHMOND COUNTY CLERK 03/26/2024 06:06 PM INDEX NO. 85071/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/26/2024 WHEREFORE, Petitioners demand that a judgment confirming the arbitration award of Arbitrator Gary T. Kendellen of the Office of the Contract Arbitrator be rendered against Poonam Apartments LLC, the respondents herein, ordering Respondent to remit payment of $84,299.39, together with costs and disbursements of this proceeding and such further relief as this Court may deem just and appropriate. Dated: Fort Lee, New Jersey March 26, 2024 Respectfully submitted, RAAB, STURM & GANCHROW, LLP SEuel R. Bloom 2125 Center Ave., Suite 100 Fort Lee, New Jersey 07024 T: (201) 292-0150 F: (201) 292-0152 sbloom@rsgilp.com Attorneys for Petitioners STATE OF NEW JERSEY ) ) ss: COUNTY OF BERGEN ) Samuel Bloom, being duly sworn, deposes and says: I am an attorney at the firm of RAAB, STURM & GANCHROW, LLP, attorneys for the Building Service 32BJ Health Fund, Building Service 32BJ Pension Fund, the Thomas Shortman Training & Scholarship and Safety Fund, the Building Service 32BJ Legal Services Fund, and the Building Service 32BJ Supplemental Retirement Savings Plan, the Petitioners herein. I have read the foregoing Petition and know the contents thereof to be true to the best of my knowledge, except as to those matters alleged upon information and belief. As to those matters, I have relied upon communications with my clients regarding their books and records, and I believe them to be true. Samuel R. Bloom 4 of 5 FILED: RICHMOND COUNTY CLERK 03/26/2024 06:06 PM INDEX NO. 85071/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/26/2024 Subscribed and sworn to before me on 26d' this day of March 2024 Ari Ganchrow, Esq. N. J. Attorney No. 5 of 5