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

Background

The Union and the trustees of the Drywall Tapers and Pointers Local Union No. 1974 Benefit Funds petitioned under the Federal Arbitration Act and the Labor Management Relations Act to confirm an arbitration award against Astoria Interiors Group, Inc., also identified in the opinion as Astoria Interior Group, Inc. Their collective bargaining agreement required disputes to be submitted to the Joint Trade Board, whose decisions were final and binding.

The Union filed an arbitration demand alleging that Astoria had failed to pay wages and benefits to union members Jorge Villalba and Christian Amarilla. Astoria received notice of the arbitration and appeared through representatives at the October 13, 2020 hearing. The Joint Trade Board later found Astoria responsible for failing to pay wages and benefits and awarded $2,375.03 in wages for Villalba, $2,375.03 in wages for Amarilla, $1,503.81 in benefits for each worker payable to the benefit funds, and $4,000 in liquidated damages payable to the Joint Trade Board. The Board also assessed a $10,000 fine but held that assessment in abeyance. Astoria did not make the required payments and did not appear or otherwise contest the petition to confirm the award.

Court’s analysis

The court explained that confirmation generally turns a final arbitration award into a court judgment. Because Astoria did not oppose the petition, the court treated it as an unopposed motion for summary judgment. The court found that the dispute fell within the collective bargaining agreement, that the Joint Trade Board acted within its authority, and that the award had at least a reasonable factual basis. The court therefore confirmed the arbitration award in its entirety.

The court also considered the petitioners’ request for attorney’s fees and costs. It found that fees were appropriate because Astoria failed to pay the award without challenging or seeking to vacate it. The court found the attorney’s hourly rate reasonable but reduced the rate for ministerial tasks from $300 to $120 per hour. It awarded $2,538.00 in attorney’s fees and awarded the requested $578.00 in costs in full.

Ruling

Judge Ronnie Abrams granted the petition to confirm the arbitration award and granted the petitioners’ application for attorney’s fees and costs, subject to the fee reduction. The court directed entry of judgment requiring Astoria to pay $2,375.03 in wages for Villalba, $2,375.03 in wages for Amarilla, $3,007.62 in benefits to the Local 1974 Benefit Funds, $4,000 in fines to the Joint Trade Board of the Drywall Taping Industry, $2,538.00 in attorney’s fees, and $578.00 in costs.