Alfred J. Stewart v. M.M. & P. Pension Plan

This appeal is by Alfred J. Stewart from a judgment of the United States District Court for the Northern District of California dismissing his action on the merits. The opinion below is reported at 432 F.Supp. 742 . We conclude that dismissal of the action was proper but that it should have been for want of jurisdiction and not on the merits.

1.

Stewart has been for some years and is now a licensed deck officer for ships, having been licensed as a master ( 46 U.S.C. § 226 ). (While nowhere averred in the pleadings, this seems to have been stipulated by the parties.) We understand that a deck officer is in distinction to an engineer officer and that the term “licensed deck officer” includes a master.

International Organization of Masters, Mates & Pilots (MMP) is a labor organization which for some time has been the collective bargaining agent for its member licensed deck officers. Apparently Stewart is a member of MMP.

Pacific Maritime Association (PMA) is an association of employers in the steamship business on the Pacific coast. It has acted as collective bargaining representative for its member employers.

M.M. & P. Pension Plan (the Plan) is a series of provisions contained…