Drywall Tapers and Pointers of Greater New York Local Union 1974 v. National…
Drywall Tapers and Pointers of Greater New York Local Union 1974, Affiliated with International Union of Allied Painters and Allied Trades, AFL-CIO v. National Drywall Inc.
- Garnett
- 1:23-cv-08474
- U.S. District Court · Southern District of New York
- 2
In Drywall Tapers v. National Drywall, Judge Garnett confirmed the entire arbitration award after the respondent did not respond.
The arbitration award was confirmed in favor of Drywall Tapers and Pointers of Greater New York Local Union 1974 against National Drywall Inc.; the opinion does not state the award’s specific terms.
What happened
In Drywall Tapers and Pointers of Greater New York Local Union 1974 v. National Drywall Inc., the union asked the court to confirm an arbitration award. The company did not appear, respond to the petition, or seek relief from the award.
The court reviewed the union’s amended petition and supporting materials as it would review a summary-judgment request. It found no genuine dispute requiring a trial and found no basis under the Federal Arbitration Act to cancel the award.
The court granted the union’s unopposed amended petition and confirmed the entire award. Judge Margaret M. Garnett directed the union to file a proposed judgment and terminated the union’s separate summary-judgment motion as moot.
The detailed version
- Drywall Tapers and Pointers of Greater New York Local Union 1974 v. National… · No. 1:23-cv-08474
- Garnett
- June 27, 2024
Background
The union filed a petition seeking confirmation of an arbitration award and later filed an amended petition. It also filed a motion for summary judgment and supporting materials. The union timely served the amended petition, motion, and supporting materials on National Drywall Inc. The court later set a deadline for any opposition. National Drywall did not appear in the action, respond to the petition, or seek relief from the award.
Court’s analysis
The court explained that an unopposed petition to confirm an arbitration award is treated like a motion for summary judgment based on the petitioner’s submissions. Summary judgment is appropriate when there is no genuine dispute about a material fact requiring resolution at trial. After reviewing the amended petition and supporting materials, the court found no such dispute as to any part of the award. It also found that the arbitrator’s decision provided more than a barely colorable justification for its result and that there was no basis under Section 10(a) of the Federal Arbitration Act to vacate the award.
Ruling
The court granted the union’s unopposed amended petition to confirm the entire award. It directed the union to file a proposed judgment electronically by July 8, 2024. The Clerk of Court was directed to terminate the union’s separate summary-judgment motion as moot.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.