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受托人的意见
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在再保险

原告: 员工
被申请人: 雇主
ROD案例编号: 81-386——1984年5月29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 e#emption granted by the United States Department of Labor, the Trustees have reviewed the facts and circumstances of this dispute. The dispute concerns the application of “hours of service” performed as a Union Safety Committeeman as “工作时间” to determine the period of continuation of coverage for a laid-off 员工 by the 雇主 under the terms of the 雇主’s Benefit Plan. 受托人现就此事发表意见..

背景事实

The Complainant is the President of the local union having jurisdiction at the Respondent’s mine. 因为工会矿山安全委员会有空缺, the Complainant asserts that he acted as a Safety Committeeman when needed, and accompanied the Federal Mine Inspector as the local union’s representative. 申诉人没有提出索赔, 也没有任何证据可以证明, that the Respondent paid him for any of his Safety Committee work under 第三条, (d)部分, (6) and (7) of the National Bituminous Coal Wage Agreement of 1981. Additionally, no “Union Hours” were reported to the Funds during the 1981-1983 period.

The Complainant submitted a transcript of local union pay records which indicated that he was paid for more than 1,1981年至1982年期间共工作了000小时. There was no breakdown of the number of hours spent as a Safety Committeeman or at any other duties.

答辩人报告1,626 “工作时间” for the Complainant during the period March 1, 1981, 到2月28日, 1983. 申诉人于3月11日被解雇, 1983, and was provided continuation of coverage by the Respondent through September 30, 1983, 基于500或更多, 但是小于2,000, 工作时间.

争端

Is the Respondent responsible for the provision of continuation of coverage for the Complainant based on the combination of hours spent in the performance of union duties and 工作时间 in classified employment?

双方立场

Position of the Complainant’s Representative: He is entitled to twelve months of continuation of benefit coverage, 他工作了2个多小时,000 hours in the twenty-four month period prior to his layoff.

Position of the 被申请人: The 雇主’s Benefit Plan does not provide that Complainant’s work for his Local Union should be credited as work for the Respondent. The Complainant was provided with continuation of coverage based on his 工作时间.

相关的规定

Article I (1), (2) and (4) of the 雇主’s Benefit Plan provide:

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) “员工” 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. (1)(a)雇主福利计划规定:

第三条-福利

D. 一般规定

(1) 继续承保

(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
24 .雇主
连续日历月
紧接前一时期 保险期限
雇员截止日期 继续
工作日期 最后的工作

2000小时以上 月加余额

12个月

500或更多，但少于 月加余额
2000小时 6个月

少于500小时 30天

第三条, 节(d) (1), (6), and (7) of the National Bituminous Coal Wage Agreement of 1981 provide:

第三条——健康和安全

(d)矿山健康和安全委员会

(1) At each mine there shall be a Mine Health and Safety Committee made up of miners employed at the mine who are qualified by mining experience or training and selected by the local union. The local union shall inform the 雇主 of the names of the Committee members. The Committee at all times shall be deemed to be acting within the scope of their employment in the mine within the meaning of the applicable workers’ compensation law.

(6) Mine management and the Mine Health and Safety Committee shall meet monthly at times arranged by the parties for the purpose of reviewing mine accident prevention efforts, discussing mine accidents and resolving health and safety problems at the mine. Special meetings may be called by either party for the purpose of resolving safety matters.

(7) The 雇主 shall be responsible for paying committee members for the performance of the following duties:

(i) Inspecting the entire mine and surface installations connected therewith with management on a regular basis mutually agreed upon by the 雇主 and the Committee, 但绝不会少于每三个月一次. The 雇主 shall be responsible for paying each Committeeman one shift at his regular rate of pay once in every three month period for performance of his duties under this paragraph.

(ii) Committee members shall be paid at their regular straight time rate of pay for up to two hours for time spent in joint monthly meetings with the 雇主 provided for in paragraph (6).

(iii)Investigating explosions and/or disasters including any mine fatality.

讨论

投诉人工作时间不足1年,700 hours in classified work for the Respondent during the 24-month period prior to his date last worked. Although the Complainant claims that he also spent time performing the duties of Mine Health and Safety Committee member, 并断言这些时间包括在工作时间内, there is no evidence of the number of hours he spent in the performance of these duties. The Trustees therefore conclude that the Respondent is only responsible for the continuation of benefits coverage based on documented 工作时间, 按照第三条D款规定的时间表.

受托人的意见

The Trustees are of the opinion the Respondent is not responsible for the provision of continuation of coverage for the Complainant beyond September 30, 1983.