Drywall Tapers and Pointers of Greater New York Local Union 1974 v. CCC Custom…

Background

The Union and the Trustees of the Benefit Funds petitioned to confirm a December 29, 2023 arbitration decision and award issued by the Joint Trade Board of the Drywall Tapers Industry. The Union and CCC Custom Carpentry Corp. were parties to a collective bargaining agreement requiring disputes to be submitted to the Joint Trade Board for final, binding decisions.

The dispute arose after CCC allegedly failed to submit remittance reports required by the agreement for weeks ending June 20, 2023, through October 24, 2023. After a hearing, the Joint Trade Board found that CCC violated the agreement and directed CCC to pay $9,500 in fines to the Joint Board of the Drywall Tapers Industry. CCC was served with the award and a demand to comply but did not comply.

CCC also did not oppose the petition, file a request to cancel or change the award, or submit other correspondence to the court. The court had ordered CCC to respond by June 21, 2024. Because CCC did not respond, the court treated the petition as an unopposed motion for summary judgment and accepted the petitioners’ factual assertions as true.

Confirmation of the Arbitration Award

The court explained that a petition to confirm an arbitration award is treated similarly to a motion for summary judgment. The petitioner must show that no material factual dispute remains. Judicial review of an arbitration award is narrowly limited. A court generally must confirm an award if there is at least a minimally reasonable basis for the arbitrator’s result, even if the court might disagree with the arbitrator’s legal analysis.

The court found that the award had that required reasonable basis. The Joint Trade Board held a hearing and expressly found that CCC violated the collective bargaining agreement by failing to submit remittance reports. The court therefore confirmed the award. The court stated that it had jurisdiction under Section 301 of the Labor Management Relations Act, 29 U.S.C. § 185.

Attorneys’ Fees and Costs

The petitioners also requested attorneys’ fees and costs. The court held that such an award was appropriate because CCC had not complied with the arbitration award, had not moved to cancel or change it, and had not opposed the petition despite having an opportunity to explain its failure to comply.

The court found reasonable the attorney’s hourly rate and the 8.4 hours of work described in the petitioners’ attorney affirmation. It awarded $2,520.00 in attorneys’ fees and $527.00 in costs, for a total of $3,047.00.

Post-Judgment Interest and Disposition

The court also awarded post-judgment interest beginning on the date judgment was entered and continuing until payment. The interest is calculated at the statutory rate under 28 U.S.C. § 1961(a).

Judge Jessica G. L. Clarke confirmed the petitioners’ arbitration award, awarded $3,047.00 in attorneys’ fees and costs, and awarded post-judgment interest under Section 1961(a). The clerk was directed to enter judgment and close the case.