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

Background

The Union brought the action under Section 9 of the Federal Arbitration Act and Section 301 of the Labor Management Relations Act to confirm an arbitration award against Magnitude Construction Corp., also identified in the caption as Magnitude Drywall Taping Corp. and Magnitude Drywall Taping. The dispute concerned Magnitude’s hiring of non-Union tapers.

The collective bargaining agreement required disputes of this type to receive final, binding decisions from the Union’s Joint Trade Board. The Union demanded arbitration. At a January 23, 2020 hearing, Magnitude’s representative appeared but did not refute the Union’s allegations. The Joint Trade Board found that Magnitude violated the agreement and directed it to pay $13,000 in penalties and liquidated damages to the Board. Magnitude did not pay any part of the award and did not file an action to vacate or modify it.

Legal standard

The Union moved for summary judgment, which is appropriate when there is no genuine dispute about a material fact and the moving party is entitled to judgment under the law. The court stated that the same standard applies even when the motion is unopposed.

The court also explained that confirming an arbitration award is generally a summary proceeding that turns the award into a court judgment. Courts give significant deference to arbitrators and need only find a “barely colorable justification” for the arbitrator’s result to confirm the award.

Ruling

The court found that the Union submitted undisputed evidence that arbitration was proper under the collective bargaining agreement, that Magnitude’s representative did not refute the Union’s allegations during the arbitration, and that Magnitude had not sought to vacate the award. Those facts provided at least a legally sufficient basis for the Joint Trade Board’s decision.

Judge George B. Daniels granted the Union’s motion for summary judgment seeking confirmation of the $13,000 arbitration award. The Clerk of Court was directed to close the motion and the case.