District Council No. 9 International Union of Painters and Allied Trades v…

Background

The Union petitioned under Section 9 of the Federal Arbitration Act and Section 301 of the Labor Management Relations Act to confirm a March 18, 2025 decision and award issued by the Joint Trade Committee of the Painting and Decorating Industry. The Union and Sahara were parties to a collective bargaining agreement that required certain disputes to be submitted to the Joint Trade Committee for a final, binding decision.

The dispute arose after Sahara allegedly failed to register jobs with the Union. The Union filed two arbitration demands concerning painting work at Lafayette Houses and Ingersoll Houses. Sahara received notice of the March 6, 2025 hearing but did not attend. On March 18, 2025, the Joint Trade Committee found that Sahara violated the collective bargaining agreement by failing to register a job and ordered Sahara to pay a $2,500 fine within ten days.

Sahara did not comply with the award. The Union demanded compliance, but Sahara continued to refuse. Sahara also did not move to modify or vacate the award. After the Union filed this federal petition, Sahara was served with the petition and the court’s scheduling order but did not appear, respond, contact the court, or seek relief from the award.

Court’s Analysis

The court explained that review of an arbitration award under the Labor Management Relations Act is narrowly limited and highly deferential. An award should generally be enforced when the arbitrator was arguably interpreting the contract and acted within the scope of the arbitrator’s authority. Even in an unopposed case, however, the court must review the petition and supporting record in a manner similar to reviewing a motion for summary judgment and determine whether any genuine dispute of material fact remains.

The court found that the Union timely filed the petition, that Sahara was bound by the collective bargaining agreement’s job-registration and arbitration provisions, and that Sahara had received adequate notice but failed to participate in either the arbitration or the federal case. The court concluded that the award had more than a minimally sufficient justification and confirmed it in favor of the Union.

Attorneys’ Fees and Costs

The court stated that federal courts generally do not award attorneys’ fees unless authorized by statute, but they may award fees under their inherent equitable authority when a party refuses without justification to comply with an arbitration decision. The court noted that courts in the district routinely award fees when a respondent neither complies with an award nor opposes a petition to confirm it.

The Union requested $2,700 in attorneys’ fees for nine hours of work and $595.76 in costs. The court found the hours, $300 hourly rate, and costs reasonable and necessary. The costs consisted of the $400 federal filing fee and $195.76 paid to the New York Secretary of State for service.

Disposition

The court GRANTED the Union’s unopposed petition to confirm the award. It directed entry of judgment confirming the March 18, 2025 award; ordering Sahara to pay the $2,500 fine to the Joint Trade Committee of the Painting and Decorating Industry; and ordering Sahara to pay the Union $2,700 in attorneys’ fees and $595.76 in costs. The Clerk was directed to close the case.