Carroll v. Associated Musicians of Greater New York

• Decision Date: 17 November 1960
• Docket Number: Docket 26278.,No. 34,34
• Citation: 284 F.2d 91
• Parties: Joseph CARROLL, Charles Peterson and Charles Turecamo, as Treasurer, Orchestra Leaders of Greater New York, Plaintiffs-Appellees, v. ASSOCIATED MUSICIANS OF GREATER NEW YORK and Al Manuti, as President, Max L. Arons, as Secretary and Hi Jaffee, as Treasurer of Local 802, Associated Musicians of Greater New York, Defendants-Appellants.
• Court: U.S. Court of Appeals — Second Circuit

284 F.2d 91 (1960)

Joseph CARROLL, Charles Peterson and Charles Turecamo, as Treasurer, Orchestra Leaders of Greater New York, Plaintiffs-Appellees, v. ASSOCIATED MUSICIANS OF GREATER NEW YORK and Al Manuti, as President, Max L. Arons, as Secretary and Hi Jaffee, as Treasurer of Local 802, Associated Musicians of Greater New York, Defendants-Appellants.

No. 34, Docket 26278.

United States Court of Appeals Second Circuit.

Argued September 28, 1960.

Decided November 17, 1960.

Schmidt & McDonald, New York City (Godfrey P. Schmidt, New York City, on the brief), for plaintiffs-appellees.

Ashe & Rifkin, New York City (George Rifkin, New York City, on the brief), for defendants-appellants.

Before LUMBARD, Chief Judge, and TUTTLE^* and FRIENDLY, Circuit Judges.

TUTTLE, Circuit Judge.

Associated Musicians of Greater New York and its officers appeal from the grant of a temporary injunction forbidding them to put into effect a "single engagement welfare plan" which concededly involved payments which would be violative of Section 302(a) of the Labor Management Relations Act as Amended, 29 U.S.C.A. § 186, assuming the correctness of the facts found by the trial court. The provisions of the Labor Management Relations Act here invoked are:

§ 186 "(a) It shall be unlawful for any employer to pay or deliver, or to agree to pay or deliver, any money or other thing of value to any representative of any of his employees who are employed in an industry affecting commerce.

* * * * * *

"(c) The provisions of this section shall not be applicable * * * (5) with respect to money or other thing of value paid to a trust fund established by such representative, for the sole and exclusive benefit of the employees of such employer, and their families and dependents (or of such employees, families, and dependents jointly with the employees of other employers making similar payments, and their families and dependents): Provided, That * * * (B) the detailed basis on which such payments are to be made is specified in a written agreement with the employer, and employees and employers are equally represented in the administration of such fund * * *."

The plaintiffs are members of the defendant Union, Local 802, which has some 30,000 members. They are also members of a smaller Union, Orchestra Leaders of Greater New York, all of whose members are also in Local 802, but who have the further identifying characteristic of being band or orchestra leaders in addition to, or rather than, plain musicians or sidemen. The executive Board of Local 802 put into effect a plan to provide welfare benefits for its members engaged in the single engagement field. This activity involves the selection by a leader of...