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

Background

The Union and the Trustees petitioned under Section 9 of the Federal Arbitration Act to confirm an arbitration award issued by the Joint Trade Board against Greenbuild LLC. The Union is a labor organization, and the Trustees manage jointly administered, multi-employer labor-management benefit funds. Greenbuild was a party to a collective bargaining agreement with the Union.

The Union served Greenbuild with a notice of arbitration concerning three alleged collective-bargaining-agreement violations: failure to submit fringe benefits for work performed by Union member Essam Saad, failure to register two jobs in the Bronx, and failure to submit remittance reports. Greenbuild did not respond to the notice or appear at the January 28, 2025 hearing.

On February 13, 2025, the Joint Trade Board found Greenbuild responsible for all three offenses. It directed Greenbuild to pay $33,298.27 in fringe benefits and a $2,000 fine, $2,750 in fines for failing to register a job, and a $7,500 fine for failing to submit remittance reports. The award required Greenbuild to pay the $33,298.27 to the Local 1974 Benefit Funds and the $12,250 in fines to the Joint Board of the Drywall Taping Industry. The petitioners did not seek relief concerning the award’s separate authorization allowing the Union to implement fifty percent of labor from Local 1974 for the life of the agreement.

Greenbuild did not comply with the award after receiving notice and a demand for payment. The petitioners filed this action on May 21, 2025. Greenbuild was served on July 25, 2025, but did not appear or file opposition.

Court’s analysis

Because the petition was uncontested, the court treated it like a motion for summary judgment, meaning it examined whether the petitioners’ materials showed that no important factual dispute required a trial. The court stated that review of an arbitration award is very limited and that an award should be confirmed when a basis for the arbitrator’s decision can be inferred from the facts.

The court determined that it had jurisdiction under Section 301 of the Labor Management Relations Act, that venue was proper because the award was made in the district, and that it had personal jurisdiction over Greenbuild. After reviewing the petition and supporting materials, the court found no genuine dispute of material fact and concluded that the petitioners were entitled to confirmation of the award.

The court also found an award of attorneys’ fees and costs appropriate because Greenbuild had not complied with the award and had not participated in the court action. The court directed the petitioners to serve and submit their request for fees and costs within fourteen days and to file proof of service. Greenbuild was given seven days from service to respond.

Disposition

The Petition is GRANTED and the Award is CONFIRMED. The Clerk was directed to close Docket No. 9 and enter judgment for the petitioners and against Greenbuild. The judgment requires Greenbuild to pay $33,298.27 to the Local 1974 Benefit Funds, $12,250 to the Joint Board of the Drywall Taping Industry, and attorneys’ fees and costs incurred in connection with the petition and in enforcing the judgment. Judge Lewis J. Liman signed the Opinion and Order.