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

Background

On December 2, 2020, the union filed a petition to confirm an arbitration award. The union served Falcon & Sons Corp. with the petition and supporting materials, but initially did not timely serve the first briefing schedule. The court issued a revised schedule to give Falcon a meaningful opportunity to respond, and the union served that revised schedule. Falcon’s opposition was due January 27, 2021. Falcon did not respond to the petition and did not otherwise seek relief from the award.

Court’s analysis

The court explained that an unopposed petition to confirm an arbitration award must still be reviewed. It treated the petition as similar to a motion for summary judgment, meaning a request for a decision based on the submitted materials when there is no genuine dispute requiring a trial. After reviewing the petition and supporting materials, the court found no genuine issue of material fact preventing judgment on all portions of the award. It also found that the arbitrator’s decision provided more than the minimally required justification for its result and that there was no basis under Section 10(a) of the Federal Arbitration Act to vacate, or cancel, the award.

Ruling

The court granted the union’s unopposed petition to confirm the entire award. It also awarded the union its requested attorneys’ fees and costs, finding that the union had shown that the time spent, rates charged, and litigation costs were reasonable and necessary. The union was directed to file a proposed judgment electronically by February 4, 2021. Judge Jesse M. Furman signed the order.