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WHITE v. WHITE ROSE FOOD, DIV. OF DiGIORGIO CORP.

No. 1134, Docket 96-7954.

128 F.3d 110 (1997)

Stanley WHITE, individually and on behalf of all other persons similarly situated; Ulysses Brown, individually and on behalf of all other persons similarly situated; Donald W. Swanson, individually and on behalf of all other persons similarly situated, Plaintiffs-Appellants, v. WHITE ROSE FOOD, A DIVISION OF DIGIORGIO CORPORATION; Furniture, Flour, Grocery, Teamsters, Chauffeurs & Warehousemen Union, Local No. 138, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided October 22, 1997.

Attorney(s) appearing for the Case

Norman Mednick, New York City (Leonard N. Flamm, Maria D. Beckman, The Law Offices of Leonard N. Flamm, New York City, on the brief), for Plaintiffs-Appellants.

David G. Uffelman, Roseland, NJ (Stanley L. Goodman, Grotta, Glassman & Hoffman, P.A., Roseland, NJ, on the brief), for Defendant-Appellee White Rose.

Earl R. Pfeffer, New York City, (Dominique T. Bravo, Cohen, Weiss and Simon, New York City, of counsel), for Defendant-Appellee Furniture, Flour, Grocery, Teamsters, Chauffeurs & Warehousemen, Local Union No. 138.

Before: FEINBERG and PARKER, Circuit Judges and SHADUR, District Judge.

PARKER, Circuit Judge.

White Rose Food, a Division of DiGiorgio Corporation ("White Rose") laid off the plaintiffs from employment at a New York grocery warehouse. The plaintiffs' union, the Furniture, Flour, Grocery, Teamsters, Chauffeurs & Warehousemen Union, Local 138 ("Local 138" or "the union"), negotiated a settlement with White Rose. However, the plaintiffs objected to the fact that White Rose was paying its wage taxes out of the settlement fund, and sued...

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