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

Background

The petitioners were Drywall Tapers and Pointers of Greater New York Local Union 1974, IUPAT, AFL-CIO, and the trustees of the Drywall Tapers and Pointers Local Union No. 1974 Benefit Funds. They asked the court to confirm an arbitration award under the Federal Arbitration Act and the Labor Management Relations Act, and requested attorneys’ fees and court costs.

The dispute arose under a collective bargaining agreement between the union and Drywall & Acoustics of Northeast Inc. The agreement required disputes to be submitted to the Union’s Joint Trade Board for a final and binding decision. The petitioners alleged that Drywall & Acoustics failed to submit required benefit contributions for union member Tyrone Wilder. After a hearing that Drywall & Acoustics did not attend, the Joint Trade Board found the employer responsible for failing to pay fringe benefits. It ordered the employer to pay $7,154.56 to the benefit fund and $4,000 in liquidated damages to the Joint Trade Board.

Drywall & Acoustics did not timely appear in the federal case, did not respond to the petition or summary-judgment motion, and did not seek to vacate or modify the arbitration award. The court nevertheless reviewed the collective bargaining agreement, the arbitration award, and the supporting record rather than treating the employer’s nonappearance alone as sufficient to enter judgment.

Court’s analysis

The court explained that judicial review of an arbitration award is highly deferential. For a labor arbitration award, the court’s role is limited to determining whether the arbitrator arguably interpreted and applied the contract and acted within the authority granted by it. The court also noted that an unopposed request to confirm an arbitration award is treated similarly to a summary-judgment motion based on the petitioner’s submissions.

Because the employer defaulted, the facts in the petitioners’ required factual statement were treated as admitted. The court found no genuine dispute of material fact. It concluded that the Joint Trade Board’s findings were supported by the record, including a union business representative’s report that Mr. Wilder’s pay records showed the missing benefit contributions. The court also found that the Joint Trade Board applied the relevant provisions of the collective bargaining agreement and imposed a remedy within its authority.

Ruling

Judge Colleen McMahon granted the petition to confirm the arbitration award and granted the petitioners’ motion for summary judgment. The confirmed award required Drywall & Acoustics to pay $7,154.56 in unpaid fringe benefits and $4,000 in liquidated damages.

The court also granted the petitioners’ request for attorneys’ fees and costs. It approved $3,420 in attorneys’ fees and $477 in court costs, for a stated total of $3,897, and granted post-judgment interest at the federal rate under 28 U.S.C. § 1961. The court directed petitioners’ counsel to submit a proposed judgment.