B. G. Hicks v. Pacific Maritime Association

The Pacific Maritime Association (PMA) is a collective bargaining agent for various shipping companies, including American President Lines (APL). Seafarers International Union of North America, Pacific District (SIU,PD) is the collective bargaining agent for its member unions. A pension plan instituted as the result of a collective bargaining agreement between PMA and SIU,PD is the subject matter of this action. The pension trust created as a part of the pension plan provides for a board of trustees which administers the plan.

Hicks, the plaintiff below, after 20 years of service as an electrician with APL, became disabled for sea duty and applied for and received a disability pension, effective April 1, 1969. In March 1969 Hicks accepted a job as port electrician for APL. He did not go to sea, but his duties took *357 him aboard APL vessels when they were in port. After Hicks started working as a port electrician, the Marine Engineers Beneficial Association (MEBA) organized the port electricians, and as a result of a collective bargaining agreement between PMA and MEBA, Hicks became covered by the MEBA pension plan, to which APL was required to contribute. The trustees of the…

dissenting:

I would reverse this case and remand it to the district court with directions to remand the factual issue to the trustees, following the rule of Danti v. Lewis (D.C.Cir. 1962) 312 F.2d 345, 349-50 . I cannot join in my brothers’ conclusion that the trustees could have reached only one conclusion about Hicks’ disqualification under the language of Plan I. Especially is this true because Hicks alleged, and offered evidence to prove that the trustees had reached a contrary conclusion in respect of others who were identically situated to him.

567 F.2d 355 97 L.R.R.M. (BNA) 2693 , 83 Lab.Cas. P 10,353 B. G. HICKS, Plaintiff-Appellant, v. PACIFIC MARITIME ASSOCIATION et al., Defendants-Appellees. No. 75-2852. United States Court of Appeals, Ninth Circuit. Jan. 6, 1978. 1 Gary P. Scholick (argued), of Littler, Mendelson & Fastiff, San Francisco, Cal., for plaintiff-appellant. 2 John F. Henning Jr. (argued), San Francisco, Cal., for defendants-appellees. 3 Appeal from the United States District Court for the Northern District of California. 4 Before CARTER and HUFSTEDLER, Circuit Judges, and SMITH, * District Judge. RUSSELL E. SMITH, District Judge: 5 The Pacific Maritime Association (PMA) is a collective bargaining agent for various shipping companies, including American President Lines (APL). Seafarers International Union of North America, Pacific District (SIU,PD) is the collective bargaining agent for its member unions. A pension plan instituted as the result of a collective bargaining agreement between PMA and SIU,PD is the subject matter of this action. The pension trust created as a part of the pension plan provides for a board of trustees which administers the plan. 6 Hicks, the plaintiff below, after 20 years…