Trustees of the District Council No. 9 Painting Industry Insurance Fund v. Adel…

Background

The District Council No. 9 International Union of Painters and Allied Trades and the trustees of two related funds asked the court to confirm an arbitration award against Adel Fia Contracting Corp. The parties’ collective bargaining agreement required disputes to be submitted to the Joint Trade Committee for final and binding decisions.

The Union demanded arbitration, alleging that Adel Fia discriminated against job steward Matthew Sencion at a jobsite in the Bronx under the collective bargaining agreement. The Joint Trade Committee held a hearing on July 6, 2021, and issued its award on July 23, 2021. The award found that Adel Fia violated the agreement and required it to pay $301 in wages to Matthew Sencion and $278.88 in benefits on his behalf to the “PIIAF.”

Adel Fia did not comply with the award. After serving a demand letter, the petitioners filed this action to confirm the award. Adel Fia was served but did not appear or oppose either the petition or the petitioners’ motion for summary judgment. Summary judgment is a decision without a trial when the evidence shows that no genuine dispute exists about a fact important to the case.

Court’s analysis

The court treated the uncontested petition and supporting materials under the summary-judgment standard. It reviewed whether the petitioners’ submissions showed that no material factual dispute remained and concluded that they did. The court also determined that it had jurisdiction under Section 301 of the Labor Management Relations Act and that venue and personal jurisdiction were proper.

The court concluded that the petitioners were entitled to confirmation of the arbitration award. It also found that attorneys’ fees and costs were appropriate because Adel Fia had failed to comply with the award and had not participated in the court action. The petitioners’ evidence showed $1,620 in attorneys’ fees and $531 in costs, for a total of $2,151.

Ruling

The court granted the petition and confirmed the arbitration award. It directed the Clerk of Court to enter judgment requiring Adel Fia to pay $301 in wages to Matthew Sencion, $278.88 in benefit contributions on his behalf to the “PIIAF,” and $2,151 in attorneys’ fees and costs connected with the petition, plus any costs incurred in enforcing the judgment. The court also directed the Clerk to close the summary-judgment motion and the action.