Morgan

ORDER DISMISSING VARIOUS CLAIMS

This is an action brought against Laborers Pension Trust Fund for Northern California (“Trust Fund”) to compel the payment of certain pension benefits heretofore denied to plaintiffs. Plaintiffs, seeking to represent the class of all hourly laborers who are potential beneficiaries of Trust Fund and who have been denied pension benefits for the same reasons as plaintiffs, allege that certain provisions of the Trust Fund agreement and the manner in which they are carried out violate Sections 301 and 302 of the Labor Management Relations Act (“LMRA”), 29 U.S.C. §§ 185 and 186, Section 401 of the Internal Revenue Code, 26 U.S.C. § 401 , and the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. §§ 1001 et seq. (Supp. IV 1974). Specifically, plaintiffs allege that defendants have violated their fiduciary duties under the above provisions by (1) applying an arbitrary “break in service” rule; (2) enforcing arbitrary and discriminatory vesting requirements; (3) using an arbitrary method of calculating credit hours; and (4) maintaining inconsistent conflicting, and incomplete records concerning pension credits earned by plaintiffs.…