Legal Opinion · Dissent

Boulter Carting Co. v. De Perno

Appellate Division of the Supreme Court of the State of New York

Decided November 16, 1979Published

1Dissent

Callahan, J. (dissenting).

I dissent from the majority view. Defendant is a trustee of the New York Teamsters Conference Pension and Retirement Fund maintained for the benefit of members of Local No. 118, Chauffeurs, Teamsters and Helpers Union. Plaintiffs are employers employing members of the Local Union No. 118 affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America. Plaintiffs and Local Union No. 118 have regularly entered into collective bargaining agreements dating back to 1954 which have provided for the establishment of the trust…

2Cases cited9 opinions

  1. Vaca v. SipesSupreme Court of the United States · 1967
  2. Breed v. Insurance Co. of North AmericaNew York Court of Appeals · 1978
  3. Fiore v. FioreNew York Court of Appeals · 1979
  4. Barclay's Ice Cream Co. v. Local No. 757 of the Ice Cream Drivers & Employees UnionNew York Court of Appeals · 1977
  5. Lewis v. American Federation of Television & Radio ArtistsNew York Court of Appeals · 1974

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