a reciprocal basis, under which transfer of benefits might be effected on a limited basis, but it contains no authorization and makes no provision for the acceptance of payments from non-member, non-subscribing employers.
Plaintiffs point out that some of the non-EBA, non-subscribing employers operate throughout the country. By the terms of their collective bargaining agreements with International, those employers are committed to make the same payments for health and welfare benefits as are required by local collective bargaining agreements in the areas where they perform their work, therefore, plaintiffs argue, they are entitled to use the machinery set up by the local agreements to administer such payments. This argument assumes too much. International and non-EBA employers are, alike, strangers to this trust agreement. Absent some provision to the contrary in the Union constitution or bylaws (none has been brought to the court's attention), the terms of agreements between such employers and International can impose no burdens upon this locally created Fund without the assent of the locally contracting parties. The trustees of the locally created Fund cannot be compelled to perform services neither required nor authorized by the local agreement. Cf. Barrett v. Miller, 276 F.2d 429 (2d Cir. 1960).
As for plaintiffs' charge that trustees acted improperly in increasing the eligibility requirements, the agreement expressly confers on the trustees the power to "rescind, amend, or modify any of the employee benefits provided by this fund . . . ." The number of hours of employment required for entitlement to benefits is clearly a matter committed to the judgment and discretion of the trustees. To insure the proper exercise of judgment and discretion, Congress provided for equal representation and joint control of such funds by representatives of employers and employees. Plaintiffs here question only the wisdom of the trustees' exercise of that judgment in changing the eligibility requirements. Such a charge affords no legal basis, under this trust agreement, for a court's interference.
Neither the refusal to accept payments from non-member, non-subscribing employers nor the decision to increase eligibility requirements violates the trust agreement, and the complaint, therefore, fails to state a claim upon which relief can be granted.
The motion to dismiss the complaint will be granted for lack of jurisdiction; alternatively, the complaint would be dismissed for failure to state a claim upon which relief can be granted. Under the circumstances, it is unnecessary to decide whether this matter is an appropriate one for declaratory judgment.