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

Background

The Union petitioned under Section 9 of the Federal Arbitration Act to confirm an award issued by the Joint Trade Board. The Union also moved for summary judgment, which asks the court to decide the matter without a trial when there is no genuine dispute about an important fact. The motion was unopposed.

The Union alleged that Precision failed to register two jobs for overtime work: one performed by Union members on January 20, 2020, and another performed by Union members on February 1, 2020. The Union claimed these failures violated Article XIII, Section 11, Violation 3, of a trade agreement between the parties. The agreement required disputes to be submitted to the Joint Trade Board for a final, binding decision.

The Board held a hearing on October 8, 2020, and issued a written award on November 11, 2020. It found that Precision violated the trade agreement and directed Precision to pay $2,750 to the Joint Trade Board of the Drywall Taping Industry. Precision did not comply with the award and did not appear or oppose the Union’s petition or summary-judgment motion.

Court’s Analysis

The court treated the uncontested petition and supporting materials like a motion for summary judgment. It explained that the Union still had to show that no important factual dispute required a trial, even though Precision submitted no opposing evidence. The court concluded that the Union met that burden.

The court stated that it had subject-matter jurisdiction under Section 301 of the Labor Management Relations Act, which gives federal courts jurisdiction over petitions to confirm labor-arbitration awards. It also found venue and personal jurisdiction proper. The court determined that there was no genuine dispute about any material fact and that the Union was entitled to summary judgment and confirmation of the award.

The court also found an award of attorneys’ fees and costs appropriate because Precision had not complied with the award, had not challenged or sought to vacate it, and had not participated in the case.

Disposition

Judge Lewis J. Liman granted the petition and the motion for summary judgment and confirmed the arbitration award. The Clerk was directed to enter judgment requiring Precision to pay $2,750 to the Joint Trade Board of the Drywall Taping Industry, attorneys’ fees and costs incurred in connection with the petition, and costs incurred in enforcing the judgment. The court directed the Clerk to close pending motions and terminate the action.

Note on the Opinion

The opinion states that the Union sent a demand letter on November 30, 2021, even though it also states that the petition was filed on March 5, 2021. The opinion does not explain this apparent date inconsistency.