benefits. The Defendants maintain that in the entire history of the Fund, a pension has not been paid, nor can it be paid to an individual who is part of management, even though the individual's production functions outweigh the individual's managerial functions. The Defendants further maintain that the Plaintiff was aware of the nuances of his classification, readily accepted it and never disputed it.
Thus the questions are whether a worker is exempted simply due to his job classification irrespective of his production work and whether this interpretation is arbitrary and capricious.
The language of the agreement on its face appears to include the plaintiff within the class of workers covered by the agreement. However, the Court is strongly persuaded that throughout the history of the Fund, the Trustees have interpreted this language to exclude all persons classified as supervisors regardless of the amount of production work they may also perform. This long-standing interpretation and practice by the Trustees is to be given substantial if not controlling consideration in any analysis of the intent of the agreement as expressed by the words of the written document. Eq. Green v. Obergfell, 73 App. D.C. 298, 121 F.2d 46, 138 ALR 258, cert. denied 314 U.S. 637, 62 S. Ct. 72, 86 L. Ed. 511 (1941); cf. Trafficante v. Metropolitan Life Insurance Co., 409 U.S. 205, 93 S. Ct. 364, 34 L. Ed. 2d 415 (1972).
Furthermore, the Court finds the application of this interpretation in the Plaintiff's case was neither arbitrary nor capricious. The Defendants' denial of the pension was consistent with their past practices. Although the Plaintiff feels entitled to a pension since every ton of coal he assisted to produce added forty cents to the Fund, he was aware of the distinctions attendant his classification as a section foreman and never made any attempt to contest that classification. He definitely was considered part of management and not part of the collective bargaining unit as were the in-fact production workers. The Defendants' determination has a rational basis -- to maintain the res to provide pension benefits for those workers who simply produce coal and do not obtain the benefits which flow from a managerial position.
For these reasons the Court will enter an Order of even date granting the Defendants' Motion for Summary Judgment and denying the Plaintiff's Motion for the same.
Upon consideration of the Defendants' Motion for Summary Judgment, the Plaintiff's Opposition thereto, or in the alternative, the Plaintiff's Motion for Summary Judgment, the memoranda, exhibits and depositions filed in this case, and the arguments of counsel, and in accordance with the Court's Memorandum Opinion of even date, it is this 4th day of April, 1974.
Ordered that the Defendants' Motion for Summary Judgment be and the same is hereby granted, and it is
Further Ordered, that the Plaintiff's Motion for Summary Judgment be and the same is hereby denied.
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