Pete ex rel. Belton v. United Mine Workers of America Welfare & Retirement Fund of 1950

517 F.2d 1267, 170 U.S. App. D.C. 437, 86 L.R.R.M. (BNA) 3208, 1974 U.S. App. LEXIS 7335
CourtCourt of Appeals for the D.C. Circuit
DecidedAugust 5, 1974
DocketNo. 73-1270
StatusPublished
Cited by8 cases

This text of 517 F.2d 1267 (Pete ex rel. Belton v. United Mine Workers of America Welfare & Retirement Fund of 1950) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pete ex rel. Belton v. United Mine Workers of America Welfare & Retirement Fund of 1950, 517 F.2d 1267, 170 U.S. App. D.C. 437, 86 L.R.R.M. (BNA) 3208, 1974 U.S. App. LEXIS 7335 (D.C. Cir. 1974).

Opinions

WILKEY, Circuit Judge:

The material facts and controlling legal principles in this class action suit are essentially the same as those in Kiser v. Huge, 170 U.S.App.D.C. -, 517 F.2d 1237, No. 73-1393, decided this day. Therefore, this opinion will be limited to a discussion of only those facts and issues that have not been fully treated in the Kiser opinion.

The' class in this ease consists of all former mine workers who retired prior to 1 February 1965 and who were denied pension benefits solely on the basis of their failure to meet the signatory last employment requirement of Trustees’ Resolution No. 56, as amended by Resolution No. 57.1 Specifically, this re[439]*439quirement provided that in order to qualify for a pension, a miner must have “[p]ermanently retired from and ceased work in the Bituminous Coal Industry after May 28, 1946, following regular employment in a classified job . as an employee of an operator signatory to the National Bituminous Coal Wage Agreement of 1950 . . . . ” The plaintiffs-appellees filed their complaint in District Court on 15 July 1969, well before this court decided in Roark v. Boyle2 (Roark II) that a bare signatory last employment requirement is invalid.

I. History of the Litigation

On 9 January 1973 the District Court, 352 F.Supp. 1294, having found that there were no material facts genuinely in dispute, entered summary judgment for the plaintiffs. The court declared the signatory last employment requirement invalid as applied to plaintiffs and enjoined the Fund “from denying to the members of the class of plaintiffs herein present and future pension benefits.” The court further ordered that the plaintiffs be paid back pension benefits retroactive to 15 July 1969, the date their complaint was filed.

On 25 May 1973 this court ordered that “members of the class of plaintiffs-appellees who have worked a minimum of five (5) years for a signatory operator since May 28, 1946, shall forthwith be placed by [the Fund] upon the pension rolls as of January 1, 1973 [and] shall be paid by [the Fund] back pension benefits retroactive where appropriate to August 14, 1970, the decision date of Roark v. Boyle .” We styled this order as an “intermediate position . . . pending appeal.” We further remanded the record to the District Court “to facilitate an expeditious final decision on the matter of full pension retroactivity still pending before it and on the issue of what period of prior signatory service is a prerequisite to pension eligibility.”

On remand the District Court issued a Memorandum and Order dated 24 January 1974 providing: (1) that the class plaintiffs are entitled to back pension benefits “retroactive to the first day of the month following the date that their respective applications for pensions were denied”; (2) that no interest will be paid on plaintiffs’ accrued pensions; and (3) “that defendants shall pay to class action plaintiffs’ counsel the sum of $240,921.00, as well as $1,321.09 for expenses incurred and disbursed by counsel up to and including July 19, 1973, and all proper expenses incurred and disbursed thereafter.” 3 The court also held that it would be inappropriate to impose on class members a five-year total signatory service requirement as a prerequisite to pension eligibility.4

On the basis of our holding in Kiser v. Huge, 170 U.S.App.D.C. 407, 517 F.2d 1237, No. 73-1393, we affirm the District Court insofar as it ordered that members of the plaintiff class be placed on the pension rolls and be paid retroactive pension benefits. We reverse the District Court’s determination that plaintiffs-appellees are not entitled to interest on their accrued pensions. We remand the record for further action in accordance with this opinion and that in Kiser with respect to (1) the question of how much total signatory service should be required to qualify for the relief granted herein; (2) interest; and (3) attorneys’ fees.

II. Invalidity of the Signatory Last Employment Requirement as Applied to Plaintiffs-Appellees

The governing resolution when members of the plaintiff class filed their pension applications was No. 56, as [440]*440amended by No. 57. This resolution contained a bare signatory last employment requirement, which we found arbitrary and capricious in Roark II. Under our decision today in Kiser v. Huge, Resolution No. 83, which attempted to supply a “validating context” for the signatory last employment requirement, cannot be given retroactive effect to deny the pension applications of plaintiffs-appellees. Since members of the plaintiff class met all criteria for eligibility in effect when they applied except the invalid signatory last employment requirement of Resolution No. 56, they then acquired rights to pension benefits that could not be divested by subsequent alterations in eligibility requirements.

We affirm the District Court’s holding that members of the plaintiff class are now entitled to pensions.

III. Retroactive Relief

The District Court ordered that each member of the plaintiff class be paid accrued pension benefits retroactive to the first day of the month following the date on which his pension application was denied. On the basis of the discussion in the corresponding section (Part IV) of our opinion in Kiser v. Huge, we affirm this aspect of the District Court’s decision.

IV. Total Signatory Service

In our order of 25 May 1973 we remanded the record in this case to the District Court with instructions to reach a “final decision ... on the issue of what period of prior signatory service is a prerequisite to pension eligibility.” In so doing, we recognized that in Roark II we had stated, “[T]he Taft-Hartley Act [section 302(c)(5)5] requires that each pensioner have some history of contributory employment.” 6

In its Memorandum of 24 January 1974 the District Court held that five years of signatory service should not be required."7 While we agree that it would be inappropriate to apply a five-year signatory service requirement to the members of the plaintiff class,8 we must conclude that the District Court has not fully implemented the instruction on remand that it specify some period of signatory service as a prerequisite to pension eligiblity. Therefore, we again remand the record to the District Court for an expeditious exercise of its equitable discretion on this issue in light of the discussion herein and in Kiser v. Huge.9

[441]*441We should note as a guide to the District Court that our affirmance of the court’s decision in Kiser to impose a one-year signatory service requirement does not necessarily compel a similar result in the instant case. The rationale of the decision in Kiser was, in part, that the resolution in effect at the time members of the Kiser

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Bluebook (online)
517 F.2d 1267, 170 U.S. App. D.C. 437, 86 L.R.R.M. (BNA) 3208, 1974 U.S. App. LEXIS 7335, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pete-ex-rel-belton-v-united-mine-workers-of-america-welfare-retirement-cadc-1974.