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LOCAL 50, BAKERY & CONFECT. v. LOCAL 3, BAKERY

No. 486, Docket 83-7648.

733 F.2d 229 (1984)

LOCAL 50, BAKERY AND CONFECTIONERY WORKERS UNION, AFL-CIO, Health Benefits Fund and Trustees of the Local 50 Bakery and Confectionery Workers Union, AFL-CIO, Health Benefits Fund, Plaintiffs-Appellants, v. LOCAL 3, BAKERY AND CONFECTIONERY WORKERS UNION, AFL-CIO, Welfare Fund and Trustees of the Local 3, Bakery and Confectionery Workers Union, AFL-CIO, Welfare Fund, Defendants-Appellees, and Entenmann's Inc., Intervenor-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 19, 1984.

Attorney(s) appearing for the Case

Jerome Tauber, New York City (Brian O'Dwyer, Joseph Licata, O'Dwyer & Bernstien, New York City, I. Philip Sipser, Sipser, Weinstock, Harper, Dorn & Leibowitz, New York City, of counsel), for plaintiffs-appellants.

Stephen L. Fine, New York City (Ann W. Schulman, Cohn, Glickstein, Lurie, Ostrin, Lubell & Lubell, New York City, of counsel), for defendants-appellees.

Raymond J. Soffientini, New York City (Michael J. Saltser, Battle, Fowler, Jaffin & Kheel, New York City, of counsel), for intervenor-appellee.

Before MESKILL, KEARSE and CARDAMONE, Circuit Judges.

CARDAMONE, Circuit Judge:

The principal issue presented on this appeal is to what extent a union's health benefits fund must account to a successor union's fund, and vice versa, for employer contributions and insurance payments previously made on behalf of employees who have since shifted their union allegiance from one local to another. Nearly a million dollars is at stake in the immediate dispute. Equally important are the far reaching consequences

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