District Council No. 9 International Union of Painters and Allied Trades v…

Background

The petitioner, District Council No. 9 International Union of Painters and Allied Trades, sought confirmation of an arbitration award against Future Shock Architectural Metals & Glass. The parties had entered into a Memorandum of Agreement incorporating the terms of a collective bargaining agreement. That agreement required certain labor disputes to be submitted to the Joint Trade Committee for final and binding decisions.

The union alleged that Future Shock hired non-union labor for glazier work covered by the agreement. After a hearing on September 27, 2021, the Joint Trade Committee issued its decision on October 5, 2021. It found that Future Shock violated the agreements by failing to hire the union’s glaziers for certain work and imposed a $2,000 fine plus $1,000 in liquidated damages. The union said Future Shock did not comply with the award and sought a court judgment confirming it. Future Shock did not file an opposition.

Confirmation of the Arbitration Award

The court treated the unanswered petition as an unopposed motion for summary judgment. Summary judgment is a decision entered when the evidence shows that no material factual dispute requires a trial and the moving party is entitled to judgment under the law. The court nevertheless examined the union’s submissions rather than granting the petition solely because Future Shock failed to respond.

The court concluded that the union had shown that no material fact was disputed. The Joint Trade Committee had a colorable basis for its decision, meaning at least a minimally reasonable basis supported the result, and the court found no reason to conclude that the committee exceeded its authority. The court also explained that courts generally do not reconsider an arbitrator’s factual findings or interpretation of the parties’ agreement when reviewing an arbitration award.

Attorney’s Fees and Costs

The union also requested fees and costs for bringing the confirmation proceeding. The court explained that federal law generally does not allow attorney’s fees unless authorized by statute or another recognized basis. It found fees appropriate here because Future Shock had not complied with the arbitration award and had offered no justification for refusing to do so.

The court approved $2,520 in attorney’s fees for 8.40 hours of work at $300 per hour. It also approved $557 in costs, consisting of a $400 filing fee and a $157 fee paid to the New York Secretary of State for service.

Disposition

Judge Ronnie Abrams granted the petition to confirm the arbitration award. The clerk was directed to enter judgment for $3,000, and the petitioner was granted $2,520 in attorney’s fees and $557 in costs. The clerk was also directed to close the case.