Neuffer v. Bakery & Confectionery Workers Inter. Union

• Citation: 193 F. Supp. 699
• Decision Date: 02 May 1961
• Docket Number: Civ. A. No. 3177-58.
• Parties: Hugo NEUFFER, an individual, Plaintiff, v. BAKERY & CONFECTIONERY WORKERS INTERNATIONAL UNION, an unincorporated association, Defendant.
• Court: U.S. District Court — District of Columbia

193 F. Supp. 699

Hugo NEUFFER, an individual, Plaintiff, v. BAKERY & CONFECTIONERY WORKERS INTERNATIONAL UNION, an unincorporated association, Defendant.

Civ. A. No. 3177-58.

United States District Court District of Columbia, Civil Division.

May 2, 1961.

Warren Woods, Washington, D. C., for plaintiff.

Herbert S. Thatcher, Washington, D. C., for defendant.

LETTS, District Judge.

The plaintiff, Hugo Neuffer, seeks to require the defendant, Bakery & Confectionery Workers International Union, an unincorporated association, to resume payment of certain pension benefits which plaintiff claims are owed to plaintiff under the defendant Union's "Employees' Pension Plan". It appears without dispute that pension payments had been made to the plaintiff from August of 1952 to July of 1958 at which time such payments were discontinued by the defendant. Such pension payments were discontinued following certain disciplinary action taken against plaintiff, after charges were preferred against him, and after a hearing on such charges. Plaintiff was found guilty of having engaged in dual union activities in violation of Sub-sections 2, 3, 4, 5 and 9 of Section 6, Article XX of defendant's Constitution by his sponsorship of a rival union. Following such proceedings and the finding of plaintiff's guilt, the defendant ordered forfeiture of plaintiff's pension benefits pursuant to Section E(19) of the Pension Plan which provides as follows:

"(19) Forfeiture of Rights—A participant shall forfeit all rights to any benefits hereunder if he be found guilty of an offense against the Union after proper trial in accordance with the Trials and Appeals procedure set forth in Article XXIII of the Constitution and laws of the Union and if, in consequence, the General Executive Board of the Union orders such forfeiture of benefits."

It is the plaintiff's claim that such forfeiture of his pension benefits was unlawful and in violation of contractual obligations to the plaintiff and that the defendant is without legal authority to modify, withdraw or cause the forfeiture of such benefits.

The defendant filed a motion to dismiss the complaint, which was denied; thereafter, defendant filed its answer to plaintiff's complaint; believing that no issues of material fact existed in the controversy, the plaintiff and the defendant filed cross-motions for summary judgment, each of which was denied, the Court being of opinion that issues of material fact were present.

Plaintiff does not deny that he engaged in dual union activities which appear to be contrary to the Constitution and laws of the defendant Union.

It is clearly established that the Pension Plan is a non-contributory, unilateral, voluntary plan established by the defendant Union as the employer and as such it is the contention of the defendant that the relationship between plaintiff and the defendant was not of a contractual nature and the defendant Union had a right to prescribe such conditions as it chose in respect to the payment of benefits or the modification or discontinuance of the plan itself. With such contention the Court now expresses full agreement.

The Employees' Pension Trust Fund agreement provides and the Pension Plan contemplates the creation of a trust to implement and carry out the provisions of the plan and to facilitate its administration.

Article V, Section V-3 of the Pension Trust Fund agreement provides:

"The laws of Illinois shall govern, control or determine all questions arising with respect to this agreement and the

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