United States District Court, S.D. New York
DRYWALL TAPERS AND POINTERS OF GREATER NEW YORK LOCAL UNION 1974, IUPAT, AFL-CIO, Petitioner,
XTREME DRYWALL AND ACOUSTICS, Respondent.
OPINION AND ORDER
KATHERINE POLK FAILLA United States District Judge
Drywall Tapers and Pointers of Greater New York Local Union
1974, IUPAT, AFL-CIO (the “Union”) has filed a
motion for summary judgment to confirm an arbitration award
(the “Award”) issued under Section 301 of the
Taft-Hartley Labor Management Relations Act (the
“LMRA”), 29 U.S.C. § 185. Respondent Xtreme
Drywall and Acoustics did not appear in the underlying
arbitration (the “Arbitration”). Nor has it
appeared in the instant action. And because the undisputed
facts of this case establish that the Award must be
confirmed, the Court grants Petitioner's motion.
is a labor union under the LMRA that maintains its principal
office in New York City, New York. (Pet'r 56.1 ¶ 1;
Compl. ¶¶ 5-6). The Union “represents
employees in an industry affecting commerce as defined in
Section 501 of the [LMRA], ” 29 U.S.C. § 142,
“and Section 3(4) of ERISA, ” id. §
1002(4). (Pet'r 56.1 ¶ 1; Compl. ¶ 5).
Respondent is “a corporation duly organized and
existing under the laws of New York State with its principal
office and place of business” in Fishkill, New York.
(Pet'r 56.1 ¶ 2; Compl. ¶ 7).
case arises from Respondent's alleged breach of two
collective-bargaining agreements: the Trade Agreement between
the Union, the Drywall Taping Contractors' Association of
Greater New York, and the Association of Wall-Ceiling &
Carpentry Industry of New York, Inc. (the latter two,
collectively, the “Associations”) that was
effective from September 6, 2006, to June 28, 2011, and the
Trade Agreement between the Union and the Associations that
is effective from August 3, 2011, to June 27, 2017. (Dkt.
#18-2). The CBAs establish the terms and conditions upon
which Union members “shall perform tapers',
finishing, and pointers' work” for
Association-member employers. (Id.). “Article
XXI of the CBA[s] provides that [Respondent] shall pay
benefit fund contributions for all work performed by its
employees covered by the [CBAs] and to remit such benefits in
accordance with the CBA[s].” (Compl. ¶ 10; see
also Dkt. #18-2). Contributions made in accordance with
this provision are to be paid into trust funds established by
“trust agreements” into which the CBAs'
signatories entered contemporaneously with the execution of
the CBAs. (Dkt. #18-2).
relevant here, at Article XIII, Section 1, each CBA outlines
a grievance procedure requiring “all complaints other
than [e]mployee grievances [to] be presented to a Joint
Committee and/or” to the Drywall Taping Industry Board
(the “Joint Board”). (Dkt. #18-2). The Joint
Board is composed of three members of the Associations,
designated by the Associations, and three members of the
Union, designated by the Union. (Id.). Section 6 of
Article XIV further designates “[t]he decisions and
findings of the Joint Board, including any imposition of
penalties, ” as “final and binding upon the
signatory contractors and the Union, all members of each
thereof and all interested parties.” (Id.).
And Section 2 of Article XIII dictates that no right of
appeal exists with respect to a final decision of the Joint
dispute giving rise to the instant litigation
arose when [Respondent] failed to remit benefit fund
contributions in accordance with the CBA[s] for members
Jonathan Restreppo for the weeks of September 1, 2010[;]
September 15, 2010[;] September 8, 2010[;] September 22,
2010[;] September 29, 2010[;] October 6, 2010[;] and October
13, 2010; and Allan Sadicario for the weeks of February 17,
2015[;] February 24, 2015[;] March 3, 2015[;] and March 10,
(Pet'r 56.1 ¶ 4). The Union filed a Demand for
Arbitration with the Joint Board and sent Respondent a Notice
of Intention to Arbitrate. (Id. at ¶ 5 (citing
Compl. ¶¶ 12-13); see also Drew Decl.
¶ 4; Compl., Ex. A).
January 19, 2016, the Joint Board held a hearing, at which no
one appeared on behalf of Respondent. (Compl., Ex. A). The
Joint Board deliberated and
found that [Respondent] breached the [CBAs] by failing to
remit benefit contributions on behalf of Union members
Jonathan Restreppo for the period September 1, 2010[, ]
through October 13, 2010[, ] in the amount of $4, 889.25 and
Allen Sadicario for the period February 17, 2015[, ] through
March 10, 2015[, ] in the amount of $3, 436.96.
(Drew Decl. ¶ 5; see also Pet'r 56.1
¶¶ 6-7; Compl., Ex. A). Following the hearing, a
written award was rendered and delivered to Respondent.
(Pet'r 56.1 ¶¶ 5, 8 (citing Drew Decl.
¶¶ 5-6)). “The Award directs [Respondent] to
submit payment for the delinquent contribution amounts that
the [Joint Board] determined were owed.” (Drew Decl.
¶ 6 (citing Compl. ¶¶ 15-17 & Ex. A);
see also Pet'r 56.1 ¶ 7). Payment
was to be made within 72 hours. (Compl., Ex. A). Respondent
neither complied with the terms of the Award nor commenced an
action seeking to vacate or modify it. (Pet'r 56.1
¶¶ 9-10 (citing Drew Decl. ¶ 7; Compl. ¶