The opinion of the court was delivered by: WILLSON
This cause having come to be heard for trial without a jury, and the Court having heard all the evidence adduced by the Plaintiff, and having carefully examined and considered the credibility of the Plaintiff and his witnesses and their demeanor on the stand, and following the argument in open Court by counsel for all parties, and the Court having dismissed the complaint in this cause upon motion of the Defendant Trustees pursuant to Rule 41(b) at the close of all evidence introduced by the Plaintiff, the Court this 7th day of October, 1960, makes the following findings of fact and conclusions of law.
1. The United Mine Workers of America Welfare and Retirement Fund of 1950 is an irrevocable trust, created by the trust instrument contained in the National Bituminous Coal Wage Agreement of 1950 on March 5, 1950. Defendant Trustees are trustees of the United Mine Workers of America Welfare and Retirement Fund of 1950. The trust indenture embraced in the National Bituminous Coal Wage Agreement of 1950 contains the following pertinent provision:
'Subject to the stated purposes of the Fund, the Trustees shall have full authority, within the terms and provisions of the 'Labor-Management Relations Act, 1947' and other applicable law, with respect to questions of coverage and eligibility, priorities among classes of benefits, amounts of benefits, methods of providing or arranging for provisions for benefits, investment of trust funds, and all other related matters.'
2. Plaintiff, Charles Bolgar, made application to the Trustees of the United Mine Workers of America Welfare and Retirement Fund of 1950, for a pension on January 25, 1954.
3. The requirements of eligibility promulgated by the Trustees which the Plaintiff was required to meet and upon which his application was denied are as follows:
(2) Retired from or ceased work in the Bituminous Coal Industry subsequent to May 28, 1946, following regular employment in a classified job and was regularly employed in a classified job in the coal industry immediately preceding May 29, 1946; provided further that if he had retired from or ceased working in the Bituminous Coal Industry prior to May 28, 1946, he shall be eligible for a pension only upon the completion of twenty (20) years service in the Bituminous Coal Industry and meets the other requirements of eligibility as contained in Paragraphs A and B and its subsections subsequent to May 28, 1946.
4. Plaintiff's pension application was denied by the Defendant Trustees on March 30, 1954 for the assigned reasons that:
(1) Applicant has not established proof of regular employment in a classified job in the coal industry immediately prior to May 29, 1946.
(2) Applicant has not established proof of twenty (20) years' service in the coal industry within the thirty (30) year period immediately preceding the date of his application.
5. The Plaintiff ceased working in the coal industry in 1942 at the Maxwell mine of the United States Steel Corporation and did not work in the coal industry thereafter until he went to work in the coal industry subsequent to May 29, 1946 for the New Century Coal Company, Century, Pennsylvania.
6. The New Century Coal Company was not a signatory to the National Bituminous Coal Wage Agreement during the period of Plaintiff's alleged employment for that company.
7. The New Century Coal Company made no payments to the United Mine Workers of America Welfare and Retirement Fund during the period the ...