Evening star., 1948-06-22
Lewis Winner
In Court Fight
Over Pensions
GoIdsboroueh Holds
Van Horn Cunnot
Veto Sl00 Payments
By Jones Y. Newton

By jones Y. Newton
John L. Lewis won a sweeping
victory in District Court today
when Justice T. Alan Goldsbor-
ough put his approval on the
ng-disputed plan to pay $l00
monthly pensions to members of
the United Mine Workers who
wish to retire at So or older.
The court dismissed the suit
brought by Ezra Van Horn, mine
operators trustee for the UNIV
welfare and retirement fund, to pre-
vent payment Of pensions under the
plan suggested by Senator Bridges,
Republican, of New Hampshire, the
third and neutral fund trustee.
There were immediate hopes that
the court ruling would break the
deadlock between the UNIV and
operators over negotiation of a new
industry contract to replace the
present agreement which expires
June 30 Another mine strike is
threatened in July unless sue
cessor contract can be drafted.
Operators, stunned by the Colds
borough decision, were not ready
to say Immediately whether or not
they would appeal the case. That
will be decided at meeting later
today.
Complete Victory for Lewis.
Justice Goldsborough's decision
was complete victory for Mr.. Lewis
and Senator Bridges. They were
represented in the case by Attorneys
Walter M. Bastian and A. K. Shipe.
Major points decided by the court
were:
l. That decisions on policy and
disbursements of the three-man
Welfare Fund Trustee Board should
be controlled by majority vote and .
should not require concurrence of
Mr.. Van Horn, as the operators con-
tend.
2. That all members of the UNIV
who meet the age and service re-
quirements of the Bridges plan are
eligible for pensions, regardless of
whether they are employed by coal
companies contributing to the well
fare fund.
8. That there is nothing in the
coal industry contract. which sets
up the welfare fund, or in the
Bridges plan which violates the
Taft Hartley Lab management
Relations Act.
UNIV Chief Before Fact Finders.
Meanwhile, the fact-finding board
appointed by President Truman to
investigate the dispute over new
contract postponed hearings until
2::3O o'clock this afternoon to per-
NIT Mr.. Lewis and the operators
discuss the court decision. Mr..
Lewis will testify at that time.
/ The Hartley Act board will
report to the White House tonor-
row. After that the Government
will decide whether to apply for a
District Court injunction to head
off the possible early July strike:
| However, IL was possible that
Justice Goldsborough's decision
would bring about renewal of con-
tract negotiations, which broke down
last week when Mr.. Lewis insisted
on activation of the 1347 welfare
fund before taking up new contract
| terms.
The welfare fund, which now
totals $45 100000. has been frozen
by the litigation decided by the
court today.
There still is another suit pending
in District Court, brought by Mr..
Van Horn, to prevent Lewis-Bridges
action to have the 1947 fund assume
obligations of distress benefits to
miners which the earlier 1916 fund
is unable to meet. The older fund.
collected while the Government
operated the mines. is near exhaus-
ton and will fall an estimated
$40 100000 short of meeting commit
ments its trustees have made to
miners and their dependents.
Decision May End Fight.
Unless the Goldsborough decision
1 is appealed by the operators. 1t would
.Iseem to take care Of the quarrel
lover distress benefits, since the
trustees voted the plan, 2 to l, over
Mr.. Van Horns objections. If the
decision is not accepted by the in
dustry, more than 100000 miners
and dependents, now receiving the
distress benefits, will be cut of from
them next week.
The dispute over pensions caused
four-week mine strike this spring.
which ended after Senator Bridges
came up with his idea of retirement
pay to miners 81 years and older.
I with 20 years service in the pits.
/ But as the strike was ending, JUS
, tice Goldsborough fined Mr.. Lewis
$4,000 and the UNIV 81, 400 900 for
ignoring a court order to call of the
walkout.
| Justice Goldsborough today point
ed out that the Bridges pension plan
was a tentative one which could be
changed If it is shown, as the opera
tors contend, that the welfare fund
will not support payments Of that
size. He said there was nothing in
the Bridges plan to obligate the
mine owners to pay into the fund
zone iota" more than the 10 cents
per ton they are now paying.
Calls Pension "Meager."
"The fund NAV mt be able to