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受托人的意见
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在再保险

原告: 养老金年代
被申请人: XYZ货运公司.
连杆箱编号. 2. 1979年6月27日

Board of Trustees: Julius Mullins, Chairman; John J. O’Connell, Trustee; Paul R. 迪恩,受托人.

Pursuant to Article IX of the United Mine Workers of America 1950 Benefit Plan and Trust, and under the authority of an exemption granted by the United States Department of Labor, the Trustees have reviewed the facts and circumstances of this dispute about an individual retiree’s eligibility for health and other non-pension benefits from an Employer and hereby render their opinion on the matter.

背景事实

S worked-in classified jobs for the Employer from 1967 to May 1976, 他退休, and was eligible for health benefits as an active miner during that period. A 1974 Plan pension was approved for him effective November 1976 and he was eligible for health and death benefit coverage as a pensioner under the 1974 Benefit Plan from that date until December 6, 1977, 从3月27日起, 1978年至5月31日, 1978. His eligibility then terminated under the 1974 Benefit Trust, 根据1978年NBCWA, and he was notified by the Funds that his former Employer, XYZ货运公司, would provide health and other benefit coverage.

用人单位, 1978年NBCWA的签署人, was signatory to the 1974 NBCWA and at the time of S’ last employment in 1976 employed 40-45 men who operated company-owned trucks and other equipment at the mine site of ABC Coal Company, 签署. A dispute developed between LU-ABC which had jurisdiction over ABC Coal Company employees and LU-XYZ which covered XYZ货运公司 employees. 结果是, all XYZ货运公司 employees working at ABC Coal Company, 包括年代, 失去了工作. The work they performed is now done by ABC Coal Company employees who operate XYZ货运公司 equipment on lease. XYZ货运公司 mechanics continue to service the equipment leased to ABC Coal Company and XYZ货运公司 has other employees who operate equipment on non-UMWA jobs. For January, 1979, XYZ货运公司 paid royalty on 13 employees who worked 1151 hours.

问题或争议

是XYZ货运公司吗., 需要提供1978年的NBCWA, XX条, health and other non-pension benefits to S and his eligible dependents 从6月1日开始, 1978?

双方立场

Pensioner’s Position: XYZ货运公司公司., is required to provide health and other non-pension benefits to S and his eligible dependents under NBCWA of 1978, 第二十条第(三)款, because S is a 1974 Plan pensioner whose last classified employment was with XYZ货运公司.公司.

Employer’s Position: XYZ货运公司., In., is not required to provide such benefits to S and his dependents because S’ classified employment with XYZ货运公司.公司., 已于5月终止, 1976 as a result of a jurisdictional dispute between UMWA Local Unions ABC and XYZ. XYZ货运公司.公司., lost jobs as a result of the resolution of this Union dispute. 因此，XYZ货运公司.公司., cannot afford to provide benefit coverage for S and its other Employee’s terminated because of the Local Union dispute.

Pertinent Provisions of National Bituminous Coal Wage Agreement

NBCWA of 1978, XX条, 节(C) (3) provides:

…..(五)6月1日起生效, 1978, each signatory Employer shall establish an Employee benefit plan to provide, implemented through an insurance carrier(s), health and other non-pension benefits for its Employees covered by this Agreement as well as pensioners, under the 1974 Pension Plan and Trust, whose last classified employment was with such Employer.

讨论

S is a 1974 Plan pensioner whose last classified employment was with XYZ货运公司.公司.， 1976年5月. XYZ货运公司.公司., is still in business and is signatory to the NBCWA of 1978. The governing provision of the Agreement, 如上所述, does not evidence any intent to excuse an Employer from providing benefits to an otherwise eligible pensioner because of the Employer’s current financial condition or because of any unusual circumstances surrounding the cause of the Employee’s retirement.

根据雇主的理论, had S voluntarily terminated his employment before the Union’s jurisdictional dispute, the Employer would be required to provide health benefits to him. If the Employer’s position is adopted, pensioner S will be penalized for remaining on the job until he was terminated for reasons beyond his control.

受托人的意见

The Trustees are of the opinion that the XYZ货运公司.公司., is required to provide health and other non-pension benefits to S and his eligible dependents, 从6月1日开始, 1978, subject to the limitations provided in the plan, 根据1978年NBCWA, XX条, 节(C) (3).