See text above, typescript at 141. Judge Holtzoff, writing in 1960 in Kennet v. United Mineworkers of America, 183 F. Supp. 315 (D.D.C. 1960) still found the question vexing. He began his answer by noting that the LMRA "authorized the establishment of welfare funds by employers for the sole and exclusive benefit of the employees of the employer and their families and dependents," and that "[t]he statute further provided . . . that the employees and employers were to be equally represented in the administration of th[e] fund."
ThurberThurber Finally, although some courts have reached a contrary result, see Dohrer v. Wakeman, supra; Melang v. I. B. E. W. Pac. Coast Pension Fund, supra; Kennet v. U. M. W., 183 F. Supp. 315, 318 (D.D.C. 1960), and there are strong arguments on the other side, plaintiff's contention that a sole proprietor can be considered an "employee" as that word is used in section 302(c)(5) is not frivolous. The Supreme Court has indicated that the word "employee" in the LMRA may vary in scope depending on the policies of the specific LMRA section in question where inclusion or exclusion is not totally clear. See Allied Chemical Workers v. Pittsburgh Plate Glass Co., 404 U.S. 157, 92 S.Ct. 383, 30 L.Ed.2d 341 (1971).
May's claim that Corley lacks standing to bring an action on behalf of the plan is not supported by District of Columbia case law. See Kennet v. United Mineworkers of America, 183 F. Supp. 315, 317 (D.D.C. 1960). 2.
The difficulty presented is by use of the word "detailed". It is clear that the language of the National Wage Agreement with reference to the establishment of the Welfare Fund provides a basis for disbursement of the Welfare Fund. When the National Wage Agreement is read in conjunction with all of the provisions of Section 302(c) which govern in some detail the establishment and the operation of the trust, it is apparent that a legally sufficient trust is established to be the subject of enforcement in the courts. Lewis v. Benedict Coal Corporation, (C.C.A.6, 1958) 259 F.2d 346; Kennet v. U.M.W. of A., (D.C., D.C., 1960) 183 F. Supp. 315; Lewis v. Mill Ridge Coals, Inc., (C.C.A.6, 1962) 298 F.2d 552. It is apparent from the legislative history of Section 302(c) that the concern of Congress was to permit the establishment of welfare funds only where, among other matters, such funds were set apart in a trust legally enforcible at the instance of the employee beneficiaries.