HEANEY, Circuit Judge.
The sole issue on this appeal is the right of Arthur Brune to receive pension benefits from the Central States, Southeast and Southwest Areas Pension Fund on normal retirement. The trial court, 339 F.Supp. 159, held that Brune was not entitled to receive benefits because he had not been employed in the "Teamster industry" for twenty continuous years. We affirm.
Various Teamster affiliates and employers with whom they had collective
(1) Age 57.
(2) Twenty years of service in the Teamster industry.
(3) Five years of service under a Teamster collective bargaining agreement.
(4) Eighty weeks payment into the pension fund on his behalf.
(5) Is in an employee classification status at the time of retirement.
It is conceded that Brune meets all qualifications except the one requiring twenty years of continuous service in the Teamster industry.
Service in the Teamster industry is defined in the plan as follows:
Brune worked for the International Shoe Company, in St. Louis, Missouri, from 1927 until 1960, as a lasting machine operator. That company did not have a collective bargaining agreement with a Teamster Union during that period and did not make contributions to the Central States Pension Fund. Moreover, the Teamsters Union did not have collective bargaining agreements with other shoe manufacturers in the St. Louis area during the period. The Teamsters Union did, however, have collective bargaining agreements with retail shoe repair shops in the area, and such contracts covered persons who operated lasting machines.
Brune worked as a warehouseman at Buescher's Wholesale in St. Louis, Missouri, from 1961 to 1969. That company had a collective bargaining agreement with the Teamsters and contributed to the Central States Pension Fund on behalf of Brune from 1967 to Brune's retirement in 1969.
When Brune retired, he applied for a pension. He added his years of service with International Shoe to his years of service with Buescher's Wholesale to obtain the necessary twenty years. The trustees denied Brune's application on the grounds that he did not have twenty years of credited service within the Teamster industry. They stated that Brune was entitled to credit for all years worked for Buescher's Wholesale but not for the years worked for International Shoe. They did so on the grounds that during the years he worked for International Shoe, Brune was a production worker in a shoe factory rather than in a retail repair shop, and that there were no Teamster contracts covering production workers in shoe factories in the geographic area during the years in question.
Brune commenced an action in District Court. He again contended that he was entitled to credit for his years of service with International Shoe Company. The court rejected this contention. It stated:
On appeal, Brune again contends that he is entitled to credit for his years of service with International Shoe Company.
A careful review of the record and briefs convinces us that the trial court properly denied Brune's petition for relief. On the basis of the record presented to this Court, it is clear that the trustees did not abuse their discretion in holding that shoe manufacturing was not an industry normally covered by Teamster collective bargaining agreements during the period 1927 through 1960.
We recognize that the language of the pension plan is so broad and so ambiguous that it invites arbitrariness on the part of the trustees;
Restatement (Second) of Trusts § 187 (1959). See also, Roark v. Lewis, 130 U.S.App.D.C. 360, 401 F.2d 425 (1968); Miniard v. Lewis, 128 U.S.App.D.C. 299, 387 F.2d 864 (1967), cert. denied, 393 U.S. 873, 89 S.Ct. 166, 21 L.Ed. 144 (1968).