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INTERN. BROTH. OF TEAMSTERS v. N.Y. STATE TEAMSTERS COUNCIL HEALTH & HOSP. FUND

Nos. 535, 572 Dockets 89-7674, 89-7708.

903 F.2d 919 (1990)

INTERNATIONAL BROTHERHOOD OF TEAMSTERS, JOINT COUNCIL 18 and Victor C. Olivadoti, Plaintiffs-Appellants-Cross-Appellees, v. The NEW YORK STATE TEAMSTERS COUNCIL HEALTH AND HOSPITAL FUND, The Trustees of the New York State Teamsters Council Health & Hospital Fund, James M. Carlton, Everett L. Campbell, James A. Hood, John Pryshlak, Nicholas Robilotto, Ervin Walker, Defendants-Appellees-Cross-Appellants.

United States Court of Appeals, Second Circuit.

Decided May 18, 1990.

Attorney(s) appearing for the Case

Robert M. Baptiste, Washington, D.C. (Baptiste & Wilder, P.C., Roland P. Wilder, Jr., Christy Concannon, Baker Clark & Satter, Syracuse, N.Y., Mimi C. Satter, of counsel), for plaintiffs-appellants-cross-appellees.

James J. Kelly, Washington, D.C. (Morgan, Lewis & Bockius, Thomas K. Wotring, Kevin L. Wright, Blitman & King, Syracuse, N.Y., Bernard T. King, Jules L. Smith, of counsel), for defendants-appellees-cross-appellants.

Before OAKES, Chief Judge, PRATT, Circuit Judge, and LEONARD B. SAND, District Judge for the Southern District of New York, sitting by designation.

GEORGE C. PRATT, Circuit Judge:

On these cross-appeals, we are asked to decide two issues. The first is whether a redistribution of the power to appoint and remove the employee trustees of an employee benefit fund violates either the Labor Management Relations Act ("LMRA") or the Employee Retirement Income Security Act ("ERISA"). Because we conclude that the challenged amendment has no impact on the distribution of power between employer trustees and employee trustees...

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