Trustees of the District Council No.9 Painting Industry Insurance Fund and…

Background

The District Council No. 9 International Union of Painters and Allied Trades and the two trustee groups filed a petition under the Labor Management Relations Act to confirm an arbitration award issued against J & S Installation LLC. The Union had entered into a collective bargaining agreement with the Window and Plate Glass Dealers Association, to which J & S was a party. The agreement required J & S to submit wages and fringe benefits for covered employees and provided for arbitration of disputes.

The petitioners demanded arbitration on January 4, 2024. J & S received notice but did not appear at the January 16 arbitration hearing. On January 30, 2024, the Glaziers Joint Trade Board found that J & S had violated the agreement by failing to submit wages and benefits for Union member Michael Cruz for work performed from December 11 through December 13, 2023. The Board ordered J & S to pay $4,000 in liquidated damages, $1,150.80 in wages, and $1,364.64 in benefits. J & S did not pay the $6,515.44 award.

Court’s Review

The court treated the petition as a motion for summary judgment. It explained that judicial review of an arbitration award is highly deferential, but the petitioners still had to show that no genuine dispute of material fact required a trial. The court found that the petition was filed within one year of the award, that J & S had received sufficient notice and time to respond, and that the record supported confirmation. The court found more than a minimally reasonable basis for the arbitration award and confirmed it.

Attorneys’ Fees and Costs

The petitioners requested $2,520 in attorneys’ fees for 8.4 hours of work and $560 in related costs. The court did not decide whether J & S had acted in bad faith because the collective bargaining agreement independently required a signatory employer to pay collection costs, including reasonable attorneys’ fees and court costs, for delinquent contributions. The court found that the petitioners provided adequate time records and proved that the requested hours, rates, and costs were reasonable and necessary.

Disposition

Judge Jennifer L. Rochon granted the petition to confirm the arbitration award. The judgment confirmed the January 30, 2024 award, ordered J & S Installation LLC to pay the petitioners $6,515.44, ordered payment of post-judgment interest at the statutory rate under 28 U.S.C. § 1961(a), and ordered payment of $3,080 in attorneys’ fees and costs.