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POTENZE v. NEW YORK SHIPPING ASS'N, INC.

No. 1420, Docket 86-7266.

804 F.2d 235 (1986)

Edward POTENZE, Patrick J. Lynch, John Esposito and Henry Ankner, Plaintiffs-Appellees, v. NEW YORK SHIPPING ASSOCIATION, INC., International Longshoremen's Association, AFL-CIO and the Trustees of the Guaranteed Annual Income Fund of the New York Shipping Association, Inc.-International Longshoremen's Association, AFL-CIO, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided October 31, 1986.

Attorney(s) appearing for the Case

Donato Caruso, New York City (Lambos, Flynn, Nyland & Giardion, New York City), for defendants-appellants New York Shipping Association, Inc. and Trustees of the NYSA-ILA GAI Fund.

Ernest Mathews, New York City (Thomas W. Gleason, New York City), for defendants-appellants International Longshoremen's Association, AFL-CIO and Trustees of the NYSA-ILA GAI Fund.

James Sullivan, New York City (Sullivan, Marshall & McKeegan, New York City), for plaintiffs-appellees.

Before OAKES, ALTIMARI, and MAHONEY, Circuit Judges.

MAHONEY, Circuit Judge:

Plaintiffs are longshoremen employed by the New York Shipping Association ("NYSA"). The collective bargaining agreement between their union and the NYSA created the "Guaranteed Annual Income" ("GAI") plan to mitigate the widespread unemployment that accompanied the use of containers in shipping. GAI creates a minimum annual income by supplementing wages and governmental benefits, such as unemployment, up to a guaranteed minimum amount, now...

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