Drywall Tapers and Pointers of Greater New York Local Union 1974, Affiliated with International Union of Allied Painters and Allied Trades, AFL-CIO v. CCC Custom Carpentry Corp.
1:24-cv-03586
| S.D.N.Y. | Dec 11, 2024Background
- The Union and CCC Custom Carpentry Corp. (CCC) are parties to a collective bargaining agreement (CBA) that mandates arbitration of disputes before the Joint Trade Board.
- CCC failed to submit required remittance reports for specific weeks in 2023, which the Union asserted was a breach of the CBA.
- An arbitration was held, and the Joint Trade Board issued an award on December 29, 2023, ordering CCC to pay $9,500 in fines.
- CCC did not comply with the arbitration award, nor did it seek to vacate or modify the award.
- The Union and trustees filed a petition in federal court to confirm the arbitration award, requesting also attorneys’ fees and costs.
- CCC was served and given a chance to respond but did not file any opposition or appear in court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Confirmation of arbitration award | Award is valid, should be confirmed | No response | Arbitration award confirmed |
| Entitlement to attorneys’ fees/costs | CCC’s noncompliance justifies fees | No response | Attorneys’ fees and costs awarded |
| Award of post-judgment interest | Statute mandates post-judgment interest | No response | Post-judgment interest awarded under 28 U.S.C. § 1961 |
| Court's jurisdiction and venue | Jurisdiction and venue proper under LMRA | No response | Court confirms jurisdiction and venue are appropriate |
Key Cases Cited
- D.H. Blair & Co., Inc. v. Gottdiener, 462 F.3d 95 (2d Cir. 2006) (review standards for motions to confirm arbitration awards akin to summary judgment)
- Barbier v. Shearson Lehman Hutton Inc., 948 F.2d 117 (2d Cir. 1991) (limited judicial review of arbitration awards; awards should be confirmed if colorable justification exists)
- Wallace v. Buttar, 378 F.3d 182 (2d Cir. 2004) (court cannot vacate arbitration award for legal errors if outcome has a colorable justification)
- Int'l Chem. Workers Union v. BASF Wyandotte Corp., 774 F.2d 43 (2d Cir. 1985) (attorneys’ fees appropriate where award is not complied with and respondent fails to justify noncompliance)