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

Background

The Union and the Trustees of the Drywall Tapers and Pointers Local Union No. 1974 Benefit Funds petitioned under Section 9 of the Federal Arbitration Act to confirm an arbitration award against Precision Interiors Corp., also known as Precision Interior Construction Corp. The dispute arose under a collective bargaining agreement that required disputes to be submitted to the Joint Trade Board for a final, binding decision.

The Union alleged that Precision had failed to pay wages and benefits to Jorge Avila, Thomas Tejada, and Wilmer Rauda for work performed on February 1, 2020. After a December 8, 2020 hearing, the Joint Trade Board issued an award on December 28, 2020. It ordered Precision to pay $502.11 in wages to each of the three workers, $719.23 in benefits to the Union, and $4,000 in liquidated damages to the Joint Trade Board. Precision did not comply with the award and did not appear or file an opposition in the federal case.

Court’s Analysis

The court treated the uncontested petition and supporting materials as an unopposed motion for summary judgment. Summary judgment 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 explained that a petition to confirm an arbitration award presents a relatively limited inquiry and that an award should be confirmed when the arbitrator’s reasoning can be inferred from the facts.

The court concluded that there was no genuine dispute of material fact and that the Petitioners were entitled to confirmation of the award. It also found that attorneys’ fees and costs were appropriate because Precision had not complied with the award and had not participated in the federal action. The opinion does not state the amount of fees and costs.

Disposition

The Petition was granted and the Award was confirmed. Judge Lewis J. Liman directed the Clerk to enter judgment requiring Precision to pay $502.11 to each of Jorge Avila, Thomas Tejada, and Wilmer Rauda; $719.23 to the Local 1974 Benefit Funds; $4,000 to the Joint Trade Board of the Drywall Taping Industry; and attorneys’ fees and costs incurred in connection with the Petition and in enforcing the judgment. The court also directed the Clerk to close the action.