United States Second Circuit

A union trust policy, the "100% owner rule," which deems particular hours to have been worked and modifies collective bargaining agreements by varying the cost of benefits for owner/employees, is invalid because it is not expressly or impliedly authorized by either ERISA, the collective bargaining agreements, or the trust agreements at issue.

Appellate Information

• Decided 07/21/2003
• Published 07/22/2003

Judges

• WINTER, Circuit Judge., Before:  WINTER, LEVAL, and CABRANES, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Eugene S. Friedman, (William Anspach, Abigail R. Levy, on the brief), Friedman & Wolf, New York, New York, for Plaintiffs-Counter-Defendants-Appellants., Richard B. Ziskin, Law Offices of Robert M. Ziskin, Commack, New York, for Defendants-Counter-Claimants-Appellees.