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PAVLOVSCAK v. LEWIS

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF PENNSYLVANIA


December 22, 1960

John A. PAVLOVSCAK, Plaintiff
v.
John L. LEWIS, Henry G. Schmidt, and Josephine Roche, as Trustees of the United Mine Workers of America Welfare and Retirement Fund of 1950, Defendants

The opinion of the court was delivered by: MCILVAINE

The above-entitled cause came on regularly for trial and the Court having duly considered the evidence and being fully advised in the premises now finds the following:

Findings of Fact

 1. Plaintiff is a citizen of the State of Pennsylvania; defendant trustee John L. Lewis is a citizen of the State of Illinois; defendant trustee Henry G. Schmidt is a citizen of the State of Ohio; and defendant trustee Josephine Roche is a citizen of the State of Colorado.

 2. The matter in controversy, filed on August 8, 1957, exclusive of interest and costs, exceeds the sum of $ 3,000.

 3. By agreement made and known as the National Bituminous Coal Wage Agreement of 1950, the United Mine Workers of America and the operators signatory to said agreement created the United Mine Workers of America Welfare and Retirement Fund, an irrevocable trust. The money to be paid into said fund was to be provided by the signatory operators, based on the number of tons of coal produced and mined by each signatory operator. The Fund was to be managed by three trustees, or their successors, and the defendants are the existing trustees of said Fund, which Fund has continued from March 5, 1950 until the present time.

 4. One of the purposes of the United Mine Workers of America Welfare and Retirement Fund of 1950 was to provide future payment of pensions and annuities to qualified retired employees of the signatory operators. The trustees of said Fund have pursuant to said purpose regularly paid $ 100 monthly from the date of approval of the application to each applicant who has met the qualifying requirements of said Fund.

 5. The requirements as promulgated by the defendant trustees for plaintiff to receive his pension are as follows:

 An applicant shall be eligible for a pension if he has:

 A. Attained the age of sixty years or over at the time of his application for pension.

 B. Completed twenty years service in the coal industry in the United States, its possessions or territories, or the Dominion of Canada within the thirty year period immediately preceding his application for pension; a year of service being one for which the applicant has:

 1. Worked in a job classified in any National Coal Wage Agreement for an employer in the Coal Industry.

 2. Rendered service as an employee of the United Mine Workers of America in the Coal Industry and is not eligible for a pension under the United Mine Workers of America pension or retirement plan.

 3. Served in the military service of the United States in any war or national emergency.

 C. Retired from or ceased work in the Bituminous Coal Industry after 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; providing that if he had retired from or ceased working in the Bituminous Coal Industry prior to May 29, 1946, he shall be eligible for a pension only upon the completion of twenty 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.

 6. Defendant trustees admit plaintiff was past sixty years of age when he applied for his pension on July 5, 1953. 7. Defendant trustees admit plaintiff's work record for the thirty years immediately prior to this pension application to be as follows: Company Period Jamison Coal & Coke Company Oct. to Dec. 1922 Jamison Coal & Coke Company 1923 Jamison Coal & Coke Company 1924 Jamison Coal & Coke Company 1925 H. C. Frick Coal & Coke Company December 1925 H. C. Frick Coal & Coke Company Jan. to Feb. & June to Dec. 1926 H. C. Frick Coal & Coke Company 1927 H. C. Frick Coal & Coke Company 1928 H. C. Frick Coal & Coke Company 1929 H. C. Frick Coal & Coke Company 1930 H. C. Frick Coal & Coke Company 1931 H. C. Frick Coal & Coke Company Jan. to Aug. 1932 Jamison Coal & Coke Company Aug. to Dec. 1933 Jamison Coal & Coke Company 1934 Jamison Coal & Coke Company 1935 Jamison Coal & Coke Company 1936 Jamison Coal & Coke Company 1937 Jamison Coal & Coke Company 1938 Jamison Coal & Coke Company 1939 Jamison Coal & Coke Company 1940 Jamison Coal & Coke Company 1941 Jamison Coal & Coke Company Jan. to Oct. 1942 Outside the Coal Industry as follows: Oct. 19, 1942 through Oct. 21, 1946 Stupakoff Ceramic & Mfg. Co. Oct. through Dec. 1942 Stupakoff Ceramic & Mfg. Co. 1943 Stupakoff Ceramic & Mfg. Co. 1944 Stupakoff Ceramic & Mfg. Co. 1945 Stupakoff Ceramic & Mfg. Co. Jan. through Oct. 1946 W. C. Dillon Mine Jan. through Sept. 1947 Carpentertown Coal & Coke Sept. to Dec. 1947 Carpentertown Coal & Coke Jan. 'o June 1948 Jamison Coal & Coke Company June to Dec. 1948 Jamison Coal & Coke Company 1949 Jamison Coal & Coke Company 1950 Jamison Coal & Coke Company Jan. to April 1951 Outside the Coal Industry as follows: March 13, 1951 through July 4, 1958 Stupakoff Ceramic & Mfg. Co. March through Dec. 1951 Stupakoff Ceramic & Mfg. Co. 1952

19601222

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