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

Background

The trustees of two jointly administered labor-management trust funds and District Council No. 9 International Union of Painters and Allied Trades brought the action under the Federal Arbitration Act and the Labor Management Relations Act. They sought confirmation of an April 12, 2024 arbitration award against Jonathan Metal & Glass LTD.

Jonathan Metal had agreed to be bound by a collective bargaining agreement between the Window and Plate Glass Dealers Association of New York and the union. The agreement required disputes to be submitted to the union’s Joint Trade Board, whose decisions and awards were final and binding.

The union charged Jonathan Metal with discriminating against shop steward Dennis Vasquez. The union contended that Jonathan Metal left Vasquez home from work from July 9, 2023, through November 12, 2023, without the hearing required by the agreement, while other union employees performed covered work. After a March 21, 2024 hearing attended by representatives of the Association and the Union and Jonathan Metal’s owner, Wilfred Smith, the Joint Trade Board found that Jonathan Metal violated the agreement.

The board ordered Jonathan Metal to pay $21,745.63 in wages to the union and $25,786.62 in benefits to the Painting Industry Annuity Fund, for a total arbitration award of $47,532.25. Jonathan Metal did not pay the award. It also did not appear in the federal action or respond to the petitioners’ summary-judgment motion, even after the court gave it a deadline and warned that the motion would be treated as unopposed.

Court’s Analysis

The court explained that confirming an arbitration award ordinarily converts the final award into a court judgment. Judicial review is limited, and the court generally must confirm an award unless it has been vacated, modified, or corrected. Even an unopposed summary-judgment motion must be independently reviewed to determine whether the moving party is entitled to judgment under the law.

The court found sufficient justification to confirm the award. The collective bargaining agreement authorized the Joint Trade Board to decide the dispute, and the record showed that Jonathan Metal appeared at the arbitration hearing. The court found no indication that the board acted arbitrarily, exceeded its authority, or acted contrary to law. It also noted that Jonathan Metal did not challenge the award within the applicable three-month period.

The court further found an award of attorney’s fees and costs appropriate because Jonathan Metal neither paid the arbitration award nor sought to vacate it. The court approved counsel’s rate of $300 per hour and 8.4 hours of work, awarding $2,520 in attorney’s fees. It also awarded $511 in costs, consisting of a $400 filing fee and $111 in service-related statutory fees. Finally, the court awarded post-judgment interest under 28 U.S.C. § 1961(a).

Disposition

The petition to confirm the arbitration award was GRANTED. The clerk was directed to enter judgment for the petitioners in the total amount of $50,563.25, consisting of the $47,532.25 arbitration award, $2,520 in attorney’s fees, and $511 in costs. Post-judgment interest will accrue at the statutory rate, and the clerk was directed to close the case.