The New England Laborers' Health and Safety Fund (NELHSF) was established on November 22, 1994 by labor and management. The title was formally granted through a trust agreement and preliminary operations were set up. This agreement and declaration of trust was made effective by and between the Associated General Contractors of Massachusetts, Inc., and the Labor Relations Division of the Construction Industries of Massachusetts, Inc., hereinafter referred to as the "Associations", and the Laborers' International Union of North America, AFL-CIO (LIUNA) hereinafter referred to as the "Union". The Fund was formed with six trustees. Three trustees represented the Union and three trustees represented the employers. In July of 1995, the trust agreement was amended to expand the Board of Trustees to ten. The two new Union trustees were appointed by the Rhode Island Laborers' District Council. The two new employer trustees were appointed by the Labor Relations Division of the Rhode Island Chapter, the Associated General Contractors of America, Inc., and the Construction Industries of Rhode Island, Inc. The five current trustees representing the Union are: Chairman Armand E. Sabitoni, Vincent R. Masino, Paul J. McNally, Donato A. Bianco, Jr., and Michael F. Sabitoni. The five current trustees representing the employers are Secretary John D. O’Reilly III, Thomas S. Gunning, Stephen A. Cardi, David F. Rampone, and Rodney G. Frias.
The Fund is intended as a labor-management committee within the meaning of section 302 (c) (9) of the Labor-Management Relations Act ("Taft-Hartley") so as to permit employer contributions. It is further intended that the Fund qualify as a tax-exempt fund under section 501 (c) of the Internal Revenue Code and that employer contributions to it by collective bargaining agreement(s) be deductible as an ordinary business expensback