In re the Arbitration of Trustees of Operating Engineers & Participating Employers, Pre-Apprentice, Apprentice & Journeyman Affirmative Action Training Funds

ZIRPOLI, District Judge.

MEMORANDUM OF DECISION AND ORDER

Background:

This case is before the Court on petition of Impartial Umpire, Sam Kagel, selected by the Union and Employer Trustees of a Trust designated as the Operating Engineers and Participating Employers Pre-Apprentice, Apprentice and Journeyman Affirmative Action Training Fund. A dispute between the Trustees was submitted to the Umpire for decision. The issues presented were (1) whether the purposes of the Trust were valid, “and more particularly whether the phrase 'defraying costs of apprenticeship or other training program’ 29…