Drywall Tapers and Painters of Greater New York Local Union 1974 v. National…

Background

On March 21, 2025, Drywall Tapers and Painters of Greater New York Local Union 1974 filed a petition asking the court to confirm an arbitration award against National Drywall Inc. The court set a schedule for additional supporting materials, National Drywall’s opposition, and the union’s reply. The union served National Drywall with the petition, supporting materials, and briefing schedule.

National Drywall’s opposition was due by May 8, 2025. The court stated that, as of the opinion, National Drywall had neither responded to the petition nor sought other relief from the award.

Court’s Analysis

The court treated the unopposed petition like a motion for summary judgment based on the union’s submissions. It found that there was no genuine issue of material fact preventing summary judgment as to any part of the award. The court concluded that the arbitrator’s decision provided more than a “barely colorable justification” for its outcome.

The court also found no basis under Section 10(a) of the Federal Arbitration Act to vacate, or cancel, the award. It determined that the union had proved that its requested attorneys’ fees and costs were reasonable and necessary, including the hours worked, rates charged, and litigation costs incurred.

Relief Granted

Judge Arun Subramanian granted the union’s unopposed petition to confirm the entire arbitration award. The court also granted the union’s request for attorneys’ fees and costs, prejudgment interest at nine percent, and post-judgment interest under 28 U.S.C. § 1961(a), accruing at the statutory rate from the date judgment is entered until payment.

The opinion does not state the underlying amount or terms of the arbitration award.