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受托人的意见
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在再保险

投诉: 两名员工
被申请人: 雇主
ROD案例编号: 81-61——1983年12月19日

Board of Trustees: Harrison Combs, 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 concerning the provision of 健康 and other non-pension benefit coverage for two Employees laid-off by the 雇主 and hereby render their opinion on the matter.

背景事实

The Complainants had worked for the 雇主 for at least five (5) years up to March 1, 1982, 雇主所有的机密雇员都被解雇了. On March 2, 1982, all of the laid-off Employees were mailed mine panel forms by the 雇主. The completed forms were returned to the 雇主 on or before March 8, 1982, 除投诉人外的所有雇员.

The first Complainant claimed that he received the panel form on March 8, 1982, and personally returned the completed form to the 雇主 on March 12, 1982. The second Complainant claimed that he received the panel form on March 10, 1982年，他亲自于3月15日将其归还给公司, 1982. 两名投诉者都住在距煤矿四英里的范围内. Inasmuch as neither Complainant’s panel form was received by the 雇主 within the time provided in the National Bituminous Coal Wage Agreement (“Wage Agreement”) of 1981, 雇主认为他们已经辞职了. 随后, their 健康 and other non-pension benefit coverage was cancel led effective March 31, 1982.

第一申诉人工作了2年,031 hours for the 雇主 during the 24-month period immediately prior to the lay-off and the second Complainant had worked 1,790小时:

Both Complainants filed grievances which were submitted to arbitration. 6月7日, 1982, 仲裁员裁定原告, 没有及时提交小组表格, forfeited their seniority rights and that their names were not to be included on the mine panel.

争端

Is the Respondent responsible for the provision of 健康 and other non-pension benefits coverage For the Complainants based on the number of hours worked by the Complainants for the 雇主 prior to their last date worked?

各方立场

Position of the 投诉: The Complainants feel that they are eligible for continuation or coverage commensurate with their hours worked.

Position of the 雇主: The Complainants are not eligible for benefit coverage because they quit their employment.

相关的规定

雇主福利计划第I(1)、(2)和(4)条规定:

第一条-定义

下列术语具有本协议规定的含义:

(1) “雇主”指(煤炭公司)

(2) “Wage Agreement” means the National Bituminous Coal Wage Agreement of 1981, 如不时修订及任何后续协议.

(4) “Employee” shall mean a person working in a classified job for the 雇主, 有资格获得本协议项下的福利.

第三条.D.雇主福利计划的(1)(a)和(e)条款规定:

第三条-福利

D. 一般规定

(1) 续保

(a) 裁员

如果雇员因裁员而停止工作, 健康的延续, life and accidental death and dismemberment: insurance coverage is as follows:

工作小时数
连续14年的雇主
日历月期间
在雇员日期之前，最后的保险延续期
工作 从上次工作日期开始

2000小时以上 月余额加上12个月

500或更多，但少于
2000小时 月余额加上6个月

少于500小时 30天

(e) 辞职或解雇

如果员工辞职或被解雇, 健康, life and accidental death and dismemberment insurance coverage will terminate as of the date last worked.

Article XVII, Section (c) of the National Bituminous Coal Wage Agreement or 1981 provides:

(c) 裁员过程

在所有需要裁减或重新安排劳动力的情况下, management shall meet with the mine committee at least 24 hours in advance and review the available jobs and the individuals to be laid off, 保留或重新排列.

Within five (5) days after an Employee is notified that he is to be laid off, 他必须填写一份标准化表格，并将其提交给矿山管理部门. 在这张表格上, the laid-off Employee shall list: (1) his years of service at the mine; (2) his years of service with the 雇主; (3) his previous mining experience with other 雇主s and the years of service with each; and (4) the jobs he is able to perform and for which he wishes to be recalled. 另外, 雇员也可以列出, 在标准化表格上, (5) the mines of his 雇主 within the UMWA district on whose panel he wishes his name to be placed; (6) his choice of mines of his 雇主 located in one additional geographically contiguous UMWA district on whose panel he wishes his name to be placed.

收到填妥的表格后, 雇主应在七个日历日内, distribute a copy of the completed form to the Recording Secretary of the Employee’s local union and to the respective panel custodians of all mines listed by the Employee at mines where he wishes his name to be placed on the panel in accordance with the provisions or this section.

讨论

根据第三条.D. 雇主的福利计划, the amount of continuation of benefits coverage provided to a laid-off miner is based on the number of hours worked for the 雇主 during the twenty-four month period immediately prior to his last date worked. 在哪里, 因为在这里, 领取津贴的权利和数额是以过去的服务为基础的, 该福利被视为累算福利. An accrued benefit may only be withheld by an 雇主 on the basis of express language in the benefit contract specifying the conditions under which the benefit will be forfeited.

The Respondent claims that an Employee on layoff who fails to submit a panel form within the time frame required in the seniority provisions of Article XVII of the 1981 Wage Agreement forfeits his right to 健康的延续 benefits coverage. 既不是雇主福利计划，也不是1981年工资协议, 然而, expressly provides that failure to submit a mine panel form within the required time period will result in the termination of continuation of benefits coverage. Therefore, the Respondent improperly terminated the Complainants’ benefits coverage.

受托人的意见

It is the opinion of the Trustees that the Respondent is responsible for the continuation of benefits coverage for the Complainants for the period specified in 第三条.D. (1) (a).