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ADER v. HUGHES

No. 76-1680.

570 F.2d 303 (1978)

Larry A. ADER, Bernard T. Robinson, Roy Spellman, Edward Rylands, Theodore C. Sanford, Jr., Matthew Weaver, Wilbur Scheller and Floyd Hitchcock, in their capacity as Union Trustees of Carpenters' and Millwrights' Health Benefit Trust Fund, Plaintiffs-Appellees, v. Bruce HUGHES, H. E. Anderson, Robert Dougan, Carl Smith, Haskell Sloan, James S. Brown and Chris H. Seegmiller, in their capacity as Employer Trustees of Carpenters' and Millwrights' Health Benefit Trust Fund, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided January 18, 1978.

Rehearing Denied February 15, 1978.

Attorney(s) appearing for the Case

Clay R. Smith, Denver, Colo. (John W. McKendree, Denver, Colo., on brief), for plaintiffs-appellees.

Robert R. Miller, Denver, Colo. (Robert G. Good, Denver, Colo., on brief), for defendants-appellants.

Before SETH, BARRETT, Circuit Judges, and ROGERS, District Judge.

BARRETT, Circuit Judge.

The terms of Section 302(c)(5)(B) of the Labor-Management Relations Act of 1947 (LMRA) create the sharpest dispute presented on this appeal. The question is whether the amending of a trust established under the LMRA is a matter of trust "administration" that must be allowed to go to an impartial umpire under circumstances whereby the governing trustees are evenly divided for and against the proposed amendments. The parties urge that we also...

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