Paramount Plastering, Inc. v. Local No. 2 of the Operative Plasterers & Cement Masons International Ass'n

A complaint was filed on April 19, 1960 seeking an injunction under the provisions of § 302 of the Labor Management Relations Act, 29 U.S.C.A. § 186 .

I

The Pleadings, Issues and Proof

The plaintiffs are employers who have signed collective bargaining agreements with the defendant unions. In the complaint reference is made to the specific provisions of the collective bargaining agreements under which three trusts were to be created. Each of the trust agreements and the collective bargaining agreements require the employers to contribute a certain sum per hour fox-each hour worked by an employee. Each trust specifies that there shall be an equal number of employer-designated trustees and an equal number of employee-designated trustees who shall be appointed by the union.

Under one provision of the Plastering Institute Trust, the trustees, after making provision for the administration of the trust, are to pay the monies over “to the proper Trust or program as provided for in the labor agreement”.

There is no requirement in either the collective bargaining agreement or the trust agreement which specifies that the monies are to be spent in connection with medical and surgical…