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Business Associations Keyed to Diamond, 6th Ed.
New York City Employees’ Retirement System v. Dole Food Co.
Citation:
795 F. Supp. 95 (1992)Facts
The New York City Employees’ Retirement System (NYCERS), a public pension fund owning approximately 164,841 shares of Dole Food Company stock, submitted a shareholder proposal requesting Dole to establish a committee of independent directors to evaluate the impact of various national health care reform proposals on the company and its competitive standing. These proposals included the single-payer model, the limited-payor approach, and employer-mandated coverage. Dole sought to exclude the proposal from its proxy materials, arguing that it related to employee benefits (an “ordinary business operation”), had an insignificant relationship to Dole’s business, and dealt with matters beyond Dole’s power to effectuate. The SEC staff issued a no-action letter supporting Dole’s position, stating that the proposal was “directed at involving the Company in the political or legislative process relating to an aspect of the Company’s operations.” NYCERS then sought a preliminary injunction in federal court to compel Dole to include the proposal.
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