defendant. See 6 Moore's Fed. Prac., 56.15, p. 2337.
The defendant first contends that the provisions of the collective bargaining agreements require the plaintiff to submit its claims to arbitration before it institutes court action. This contention fails to recognize the distinction between the United Mine Workers of America and the plaintiff. The plaintiff is not a party to the collective bargaining agreement. It is a party only to the attendant trust indenture agreement and its rights thereunder are decidedly unencumbered by the duties of the UMW under the collective bargaining agreement. Lewis v. Benedict Coal Corporation, 361 U.S. 459, 4 L. Ed. 2d 442, 80 S. Ct. 489 (1960). In Lewis v. Harcliff Coal Company, C.A. No. 63-879 (D.C.W.D. Pa., 1964), the independence of the Welfare and Retirement Fund from the UMW was recognized, and the defendant's contention in that case that the plaintiff's claim was subject to the arbitration provisions of the collective bargaining agreement was rejected. We similarly reject the contention.
Secondly, the defendant interposes the defenses of accident, mistake, misrepresentation, deceit, fraud, duress, and modification. The factual allegations offered to support these defenses arise essentially from oral representations allegedly made to the defendant by the plaintiffs that (1) it would be permitted to pay 10 cents per ton rather than the 40 cents per ton which the agreement called for, (2) it would not be forced to pay at all if it was unable to, and (3) it would be struck if it did not sign the promissory note.
As a matter of law, oral understandings at variance with written agreements regarding royalty payments are of no effect. Section 302(c)(5) of the Labor-Management Relations Act, 29 U.S.C. § 186(c)(5), the statutory origin of welfare and retirement funds, requires that the detailed basis upon which royalty payments are to be made to a welfare and retirement fund be specified in a written agreement between the trustees and the employer. In Lewis v. Seanor Coal Company, 382 F.2d 437 (C.A. 3, 1967), cert. den'd 390 U.S. 947, 88 S. Ct. 1035, 19 L. Ed. 2d 1137 (1968), this Circuit held,
" . . . that an oral modification which would have suspended the payment of the forty cents per ton royalty into the welfare and retirement fund by the employer was ineffective because it violated § 302(c)(5)(B)."