by Michael Fox
In order to combat what it urged was erroneous reporting of hours worked by employers owned by one person or a married couple, the Trustees of various Teamster benefit plans created a special rule that if an owner or an owner's family members of a business owned by one person or a couple, worked even one hour in a month, the company must make a contribution as if the individual worked 40 hours per week, each week of the month. In LaBarbera v. J.D. Collyer Equipment Corp. (2nd Cir. 7/21/03) [pdf], the court affirmed the trial court's grant of summary judgment holding that the rule exceeded the Trustees' power under the collective bargaining agreement.