Independent Ass'n of Mutuel Employees of New York State v. New York Racing Ass'n

LUMBARD, Chief Judge:

Defendants appeal from an order of the district court denying defendants’ motions for summary judgment and granting summary judgment for plaintiffs and directing that a pension plan for defendant New York Racing Association, Inc.’s employees be revised to conform with Section 302(c) (5) (B) of the Labor Management Relations Act of 1947 (Taft-Hartley Act), 29 U.S.C. § 186(c) (5) (B). The parties stipulated that the sole issue in this case is whether or not the pension plan, over* which the employer maintains “absolute dominance,” is violative of Section 302 of the Act, and…