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

Background

The Union petitioned to confirm a November 22, 2021 decision and award issued by the Joint Trade Committee of the Painting and Decorating Industry. The Union and Future Shock were parties to agreements that incorporated a collective bargaining agreement. Those agreements required covered employers to register jobs with the Union and required covered work to be performed by glaziers covered by the agreement.

The Union alleged that Future Shock failed to register jobs. The Union served notices demanding arbitration, and the Joint Trade Committee held a hearing. The Union appeared and presented evidence that, on two occasions, Union representatives observed a Local 1087 member performing covered work at Future Shock jobsites that had not been registered. Future Shock had notice of the hearing but did not appear or contest the evidence.

The Joint Trade Committee found Future Shock guilty of failing to register a job and ordered it to pay $1,250 in fines. Future Shock did not pay the award. The Union then filed this petition. The opinion states that Future Shock was served but did not appear or oppose the petition.

Court’s analysis

The court held that it had jurisdiction under Section 301 of the Labor Management Relations Act to confirm the arbitration award. Because the petition was uncontested, the court treated it like a motion for summary judgment, meaning the Union had to show that no genuine dispute about an important fact required a trial.

The court explained that its review was limited. It could determine whether the arbitrator acted within the authority granted by the collective bargaining agreement, but it could not reconsider the arbitrator’s decision on the merits. The court found that the parties had agreed to arbitration, that this dispute fell within the agreement’s broad arbitration clause, and that the Joint Trade Committee had evidence supporting its finding. The court concluded that there was no genuine dispute of material fact and that the Union was entitled to confirmation.

Attorneys’ fees and costs

The Union requested $1,980 in attorneys’ fees and $557 in costs. The court found that the requested hourly rate of $300 was reasonable but that 6.6 hours was more time than reasonably necessary for the case. It reduced the compensable time to 5.5 hours and awarded $1,650 in attorneys’ fees. It also awarded the requested $557 in costs for the filing fee and service.

Disposition

Judge Lewis J. Liman granted the petition to confirm the award and confirmed the award. The Clerk was directed to enter judgment for the Union and against Future Shock for $3,457, consisting of the $1,250 arbitration award, $1,650 in attorneys’ fees, and $557 in costs. Post-judgment interest will accrue at the statutory rate, and the action was closed.

The opinion notes that the arbitration award identified the hearing date as September 9, 2021, while the court’s account states that the hearing occurred on November 9, 2021; the court treated the award’s date as an apparent error.