受托人的意见
争议的解决
情况下没有. 81-416
第1页
_____________________________________________________________________________
受托人的意见
_____________________________________________________________________________

在再保险
员工申诉:
被申请人:雇主
ROD案例编号:61-416 - 1984年5月29日
Board of 受托人s: Harrison Combs, Chairman; John J. O’Connell, 受托人; Paul R. 院长,
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
受托人s have reviewed the facts and circumstances of this 争端 concerning the Employer’s
responsibility for providing benefits coverage for a laid-off Employee under the terms of the
雇主福利计划. The 受托人s hereby render their opinion on the matter.
背景事实
The Complainant worked 1,366 hours for the Respondent prior to his date last worked,
1982年12月21日. His job termination was the result of a lay-off. 答辩人自
sold its mining operations and is in the process of selling its trucking operation.
It is unclear whether the Complainant was ever provided with benefits coverage, as there are
many unpaid medical bills incurred during both his period of employment and the months
就在他被解雇之后.
Funds’ staff sent several letters to, as well as made direct phone contact with, the Respondent in
order to obtain its position in this 争端. Although the Respondent advised the staff that it
would consider payment of the outstanding medical charges, the Respondent has neither
provided written confirmation of any payments authorized nor furnished its position in this
争端.
争端
Is the Respondent responsible for the provision of continuation of coverage for the Complainant?
双方立场
受托人的意见
争议的解决
情况下没有. 81-416
第二页
Position of the Complainant: The Complainant should be provided benefits coverage during his
period of employment as well as continuation of coverage based on his hours worked.
Position of the Respondent: The Respondent has not furnished its position.
相关的规定
Article I (I), (2) and (4) of the 雇主福利计划 provide:
第一条-定义
The following terms shall have the meanings herein set forth: (1)
(1) “Employer” means (coal company).
(2) “Wage 协议” means the National Bituminous Coal Wage 协议 of
1981, a’s amended from time to time and any successor agreement….
(4) “Employee” shall mean a person working in a classified job for the Employer,
eligible to receive benefits hereunder.
第二条A款. (3) of the 雇主福利计划 provides:
第二条-资格
The persons eligible to receive the health benefits pursuant to Article III are 如下:
A. 积极的员工
Benefits under Article III shall be provided to any Employee who:
(1) is actively at work for the Employer on the effective date of the Wage
协议.
第三条D. (I) (a) of the 雇主福利计划 provides:
第三条-福利
D. 一般规定
(1)续保
(一)裁员
受托人的意见
争议的解决
情况下没有. 81-416
第3页
If an Employee ceases work because of layoff, continuation of
health, life and accidental death and dismemberment insurance coverage is
如下:
工作时数
为雇主提供的表格
Consecutive Calendar Month Period of Coverage
Period Immediately Prior to Continuation from
the Employee’s Date Last Worked the Date Last Worked
2,000 or more hours Balance of month plus 12 months
500 or more but less Balance of month plus 6 months
2000小时以上
30天内少于500小时
讨论
Because the Respondent has not furnished its position in this 争端, the 受托人s have decided
this case based on the information available to them. 第二条A款. (1)雇主的利益
Plan requires Employers to provide their Employees with benefits coverage during their periods
积极就业. The Respondent is therefore responsible for the provision of benefits
coverage for the Complainant during his period 积极就业.
第三条D. (I)(a) of the 雇主福利计划 provides for the continuation of coverage for
laid-off Employees based on their hours worked 为雇主提供的表格 consecutive calendar
month period prior to their dates last worked. Funds’ records show that the Complainant had
worked 1,366 hours for the Respondent in the 24 month period immediately prior to his date last
工作，1982年12月21日. He is, therefore, eligible for benefits coverage, as a laid-off
Employee, for the period December 11, 1982, through June 30, 1983.
受托人的意见
The Respondent is responsible for the provision of benefits coverage for the Complainant and his
eligible dependents during the Complainant’s period 积极就业 with the Respondent
and during his period of lay-off through June 30, 1983