William H. Thurber v. The Western Conference of Teamsters Pension Plan

This is an appeal from a summary judgment dismissing appellant’s claim for “early retirement” pension benefits under an employer-employee pension plan established pursuant to § 302 of the Labor Management Relations Act of 1947, 29 U.S.C. § 186 . We affirm.

Appellant, William H. Thurber, age 64, is a former employee of Snow Peak Dairy, Inc. Appellees are a pension plan and its trustees. Under the terms of bargaining agreements between General Teamsters Local Union 324, of which.Thurber was a member, and the Fluid Milk Operators, to which Snow Peak was a signatory, Snow Peak was obligated to make specified contributions to a trust fund on behalf of its employees performing work under the agreements.

Thurber was employed by Snow Peak as a driver-salesman and ice cream maker from January 1, 1952 to February 28, 1974. For the period of May 31,1959 to October 1, 1962, however, he worked only part time and let his teamster membership lapse. As a result, he was not covered by the bargaining agreement and Snow Peak made no contributions to the pension fund on his behalf during that period. Thurber rejoined the Union on October 1, 1962, and Snow Peak resumed the payments to the pension…