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

Background

The petitioners moved for summary judgment seeking confirmation of an arbitration award issued by the Joint Trade Board. The award directed Tiger Contracting Corp. to pay $66,463.25 in benefits to the Local 1974 Benefit Funds, $334.74 in wages on behalf of union member Michelle Black, and $13,000 in fines to the Joint Board of the Drywall Taping Industry. The opinion states that Tiger did not appear in the action.

Court’s Analysis

The court explained that confirmation of an arbitration award on summary judgment cannot rest only on the opposing party’s failure to respond. The court must consider the record, including the arbitration agreement and the award, and determine whether a basis for the arbitrator’s decision can be inferred from the facts.

The Joint Trade Board found that Tiger violated its collective bargaining agreement by failing to submit remittance reports and benefit contributions and by discriminating against a job steward. The court found that the arbitrator’s finding was undisputed and supported by the record. Because no material factual dispute remained and the basis for the award could be inferred, the petitioners were entitled to summary confirmation.

Ruling

Judge George B. Daniels granted the petitioners’ unopposed motion for summary judgment confirming the arbitration award. The court directed the Clerk to close the motions at ECF Nos. 9 and 16 and to close the case.