Building Service Employees Pension Trust v. Horsemen's Quarter Horse Racing Ass'n

OPINION AND ORDER

Plaintiff, Building Service Employees Pension Trust, alleges that defendants, Horsemen’s et al, are subject to collective bargaining agreements with the Service Employees International Union. Under these agreements, plaintiff charges that the defendants have an obligation to provide plaintiff with information concerning employment of certain named individuals who are allegedly working while receiving pension funds.

One provision of the collective bargaining agreements stipulates that an employee forfeits part of his or her pension payments if he or she works more than 500 hours in a calendar year for a participating employer. The provision also requires that the employee’s return to work be immediately reported to the pension trust.

Plaintiff filed this action to compel defendants to produce information and documents regarding the employment of 120 individuals who are currently receiving pension benefits.

Defendants counterclaimed that plaintiff had breached its fiduciary duty in two ways. Defendants’ counterclaim raises two allegations: first that plaintiff forced defendants to make overpayments to the pension fund; second that plaintiff engages in selective…