1. This complaint, as amended, denominated petition, was filed by Trustee Ezra Van Horn seeking instructions, for Injunction, and for a Declaratory Judgment, relating to a trust fund entitled 'United Mine Workers of America Welfare and Retirement Fund,' created pursuant to the 'National Bituminous Coal Wage Agreement of 1947' entered into between certain coal operators and the United Mine Workers of America on July 8, 1947. Said Agreement, attached to the complaint herein as Exhibit 'A', is incorporated in these findings as if fully set out herein.
2. The United Mine Workers of America Welfare and Retirement Fund is contained as one of the provisions in the aforesaid National Bituminous Coal Wage Agreement of 1947. Ezra Van Horn and John L. Lewis were named in the aforementioned Agreement as Trustees of the said Fund and they, pursuant to the said Agreement, named a third Trustee, Thomas E. Murray submitted his resignation as Trustee, which resignation was formally accepted by the Board of Trustees on January 31, 1948.
3. On April 10, 1948, Styles Bridges was agreed upon as the third Trustee by Trustees Van Horn and Lewis, to succeed Murray.
4. The Fund comprising the Trust is created by payment by the Operators signatory to the Agreement of ten cents (10 cents) per ton on each ton of bituminous coal produced by them, and that Fund is in excess of $ 40,000,000 as of this date. No part of the Fund has been used for any purpose.
5. On April 12, 1948, Trustee Bridges submitted to the Board of Trustees a plan for activation of the Trust. His plan was adopted by the majority of the Trustees, Mr. Van Horn dissenting.
In substance, the plan provided for pensions of $ 100 a month to be paid to the eligible and qualified members of the United Mine Workers of America who on May 29, 1946, or thereafter, attained the age of 62 years and who had served 20 years in the coal industry in the United States, and who had retired from service in the bituminous coal industry on a date subsequent to May 28, 1946. The plan provides that it is subject to amendment or modification at any time as experience in the operation of the Fund may dictate or require.
It further provides that at the earliest practicable date following the adoption of the resolution there shall be formulated detailed rules and regulations, subject to approval by the Trustees, to effectuate payment of said pensions upon the terms and conditions specified therein and in conformity with reasonable and proper administration of the Fund.
Further, the Trustees reserve the right to modify or amend the terms and conditions in the plan at any time, both as to the amount of pension payments and qualifications for eligibility, together with the right to modify or amend the rules and regulations mentioned in the plan, as upon review by the Trustees and experience obtained in the operation of the Fund might require. Said plan is attached to the complaint herein as Exhibit 'B', as is the statement explaining the plan made by Senator Bridges at the time the plan was adopted and incorporated in the Minutes of the Trustees attached to the complaint herein as Exhibit 'C'.
6. There have been three differing actuarial reports submitted to the Trustees since November, 1947, none of which met with the approval of all of the Trustees.
Conclusions of Law.
The Court's conclusions of law are as follows:
1. The Welfare and Retirement provisions of the National Bituminous Coal Wage Agreement of 1947, made between the operators signatory thereto and the United Mine Workers of America, do not violate either the letter or spirit of the Labor Management Relations Act, 1947.
2. The United Mine Workers of America Welfare and Retirement Fund, set up in said Agreement, constitutes a beneficial charitable trust, and a majority of the Trustees have the right to act in the activation and administration of that Trust.
3. The Trust Agreement as set out in the National Bituminous Wage Agreement of 1947 provides for payments of benefits to the members of the United Mine Workers of America.
4. The Trustees Bridges and Lewis acted properly in adopting the resolution or plan of Trustee Bridges for activation and administration of this Trust Fund, and the said resolution or plan is in all respects proper, businesslike, lawful, and within the letter and spirit of the Labor Management Relations Act, 1947 and the National Bituminous Coal Wage Agreement of 1947.
5. The acts of Trustees Bridges and Lewis as disclosed by the records and minutes of the Trustees filed herein were and are in all respects proper, business-like and in accordance with both the letter and spirit of both the said Labor Management Relations Act, 1947 and the National Bituminous Coal Wage Agreement of 1947, and the Court therefore has no power to interfere with such acts of the Trustees.
6. The petition (complaint) states no cause of action upon which relief can be granted the plaintiff, and the motions of the defendants and each of them to dismiss the complaint, herein denominated petition, should be and they are hereby granted, and the motions of defendants and each of them for summary judgment should be and they are hereby granted.
7. The motion of the plaintiff for summary judgment should be and it is hereby denied.
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