455 F.2d 615 | 3rd Cir. | 1972
OPINION OF THE COURT
This case presents the question whether a union, an association of employers, and its member companies violated the National Labor Relations Act by unlawfully discriminating against non-union employees. The alleged discrimination resides in the agreement to create a pension fund with rules permitting employees to obtain credit toward their pensions for service during years prior to creation of the fund so long as the employment unit was covered by a collective bargaining agreement.
In particular, we are called upon to review a Decision and Order of the National Labor Relations Board (Board)
In 1952, the Trucking Employees of North Jersey Welfare Fund, Inc. (Fund) was created during the course of collective bargaining between the Motor Carriers Association of North Jersey, the Teamsters Union and two of its locals.
Mr. Pagel began working for Nu-Car’s predecessor in 1952. He joined the Union in 1953, and in 1960, his employer began contributing to the Fund on his behalf. In 1965, Mr. Pagel applied for a pension, but it was refused because Mr. Pagel lacked “15 years of pension credits.” Mr. Pagel again applied for a pension in 1968, and was once more refused payment on the ground that he had only “eight years of credited service.” Mr. Pagel then sup
It is undisputed that Mr. Pagel is entitled to post-1960 pension credits, but is not entitled to credits for the period between 1952 and 1960. It is also undisputed that prior to 1952, Mr. Pagel was never employed in a unit covered by a collective bargaining agreement with the Union. Furthermore, it is clear that non-union members of units covered by appropriate collective bargaining agreements are allowed to establish pension credits for all years and share in the fund on the same basis as Union members. Therefore, the only two matters at issue are: (1) the question of law whether the Board’s conclusion that the Fund’s regulation with regard to pre-1952 pension credit was a “rightful byproduct” of collective bargaining and not unlawful when shared by non-Union as well as union unit employees; and (2) the mixed question of fact and law whether Mr. Pagel meets the eligibility requirements for entitlement to pre-1952 pension credits.
With regard to mixed questions of fact and law, courts of appeals are constrained to respect the findings of the Board because it is “equipped or informed by experience to deal with a specialized field of knowledge” and it possesses an “expertness which courts do not possess.”
We have carefully examined the disputed rules and regulations of the Fund taking into account the Board’s Decision and Order invalidating the “rebuttable presumption.” As we read the provisions, any employee who is able to establish active service prior to 1952 “shall be credited with a year of Pension Credits for each year in which he worked for at least 36 days in Covered Employment.” An employee is defined as “any person employed by an Employer in a bargaining unit for which the employer is obligated by his agreement with [the Union] and contributes to the Pension Fund . . . ,” and covered employment is “employment of an Employee by an Employer, as those terms have been defined. . . . ” The latter definition includes “those periods of time [prior to 1952] when the employer was covered by a collective agreement with [the Union].” Nowhere in the provisions is the eligibility requirement that an applicant for a pension must be or have been a member of the Union.
It is clear that Mr. Pagel simply does not meet the Fund’s lawful eligibility requirements. Therefore, he is not entitled to receive the pension for which he applied. Accordingly, the petition for review will be denied.
. The Decision and Order are reported at 187 NLRB No. 117 (Jan. 15, 1971).
. Mr. Rosen is an attorney who represents Mr. Pagel. Although Mr. Rosen’s name has been carried forward into the caption of this case, Mr. Pagel remains the real party in interest.
. The Fund is wholly supported by contributions from employers having collective bargaining agreements with certain Union locals.
. Regulations of the Fund which allowed Union members to prove entitlement to pension credits for employment prior to 1952 on the basis of a “rebuttable presumption” that if they were members of the Union prior to 1952 they were covered by the Fund were invalidated by the Board as discriminatory in favor of Union members.
. Universal Camera Corp. v. NLRB, 340 U.S. 474, 488, 71 S.Ct. 456, 95 L.Ed. 456 (1951). See NLRB v. Reed & Prince Mfg. Co., 205 F.2d 131 (1st Cir.), cert. denied, 346 U.S. 887, 74 S.Ct. 139, 98 L.Ed. 391 (1953).
. See e. g., Oneita Knitting Mills, Inc. v. NLRB, 375 F.2d 385, 391 (4th Cir. 1967) ; NLRB v. Miranda Fuel Co., Inc., 326 F.2d 172, 175 (2nd Cir. 1963).
. Although the present Union contract with Nu-Car requires that employees be Union members, there is no evidence that previous contracts so provided.
. It appears that Mr. Pagel agrees that the presumption is illegal, but as a remedy, would like to have its benefits extended so that he could take advantage of it, rather than have it invalidated for all others. The flaw in such reasoning is patent — if that remedy were adopted, everyone in the country, who not has an association with the trucking industry would be entitled to pre-1952 pension credits, even though such persons never worked in covered employment.