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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: 81-466——1985年2月12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 application of back-pay awards as “hours worked” to determine the period of continuation of benefits coverage for laid-off 员工 by the 雇主 under the terms of the 雇主’s Benefit Plan. The Trustees hereby render their opinion on the matter.
背景事实
The Complainants had worked for the Respondent in its repair shop through April 16, 1983; their date of lay-off. The Respondent provided continuation of coverage through April 30, 1984, for those Complainants who had worked more than 2000小时 during the 24 consecutive calendar month period immediately prior to their date last worked.
On July 15, 1983, the Respondent sold one of its loading machines to an independent repair shop. This machine was hauled to the independent shop on September 8, 1983. On December 8, 1983, the Respondent bought a loading machine from the same shop. The Complainants, 25 员工 of the Respondent, filed a grievance. 在他们的委屈中, the Complainants contended that the machines were one and the same and that the Respondent used the sell and buy procedure to circumvent the provisions of the National Bituminous Coal Wage Agreement of 1981, wherein the Complainants would have been recalled from the panel to repair the machine. An Arbitrator ruled that the Respondent should determine which Complainants were qualified to perform the repair work, and should pay each such individual three and one half (3-1/2) shifts. The Respondent paid all but one of 25 Complainants for three and one-half (3 1/2) shifts. (One grievant was found to be a truck driver who did not meet the qualification for payment as set forth by the Arbitrator.) Information submitted by the Complainants’ Representative indicates that the 3-1/2 shifts were recorded by the Kentucky Department of Unemployment Compensation as having been worked on December 9, 12, 13和14, 1983.
争端
Is the Respondent responsible for the provision of benefits coverage for the Complainants based on the back pay award and, 如果是这样的话, 在哪个时期??
各方立场
Position of the Complainants: The Complainants ask how much additional coverage they are due and the dates such coverage commences and terminates.
Position of the 被申请人: The Complainants were provided continuation of coverage up to the maximum provided by the Plan, 从他们最后一次约会开始.
相关的规定
Article I (1), (2) and (4) of the 雇主’s Benefit Plan provide:
第一条-定义
The following terms shall have the meanings herein set forth:
(1) “雇主”指(煤炭公司).
(2) “Wage Agreement” means the National Bituminous Coal Wage Agreement of 1981, as amended from time to time and any successor agreement….
(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.
第二条A款. (1)雇主福利计划规定:
第二条-资格
The persons eligible to receive the health benefits pursuant to Article III are as follows:
A. 积极的员工
Benefits under Article III shall be provided to any Employee who:
(1) is actively at work for the 雇主 on the effective date of the Wage Agreement….
第三条D. (1) () of the 雇主’s Benefit Plan provides:
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
24个连续日历内的雇主 保险期限
月的前一个月 从最后日期开始延续
员工最近工作的日期 工作
2000小时以上 月余额加12
个月
500或更多，但少于 月余额加6
2000小时 个月
少于500小时 30天
讨论
第三条D. requires the 雇主 to provide continuation of coverage for laid-off 员工 based on hours worked during the 24 consecutive calendar month period immediately prior to the 员工’ date last worked. The Trustees have previously determined that back pay awards are to be treated as hours worked and credited for benefit eligibility determination purposes as time spent in the performance of classified duties.
An Arbitrator has ruled that qualified grievants are entitled to be paid for three and one-half (3 1/2) shifts for the loss of work on the repair of the loading machine. The 雇主 paid 24 of the grievants for three and one-half (3 1/2) shifts. The Kentucky Department of Unemployment Compensation has designated December 9, 12, 13和14, 1983, as the dates for which the back pay was received.
The Respondent is responsible for the provision of benefits coverage for the Complainants who received a back pay award, 12月9日开始, 1983 and continuing for a period based on their hours worked during the 24 consecutive calendar month period immediately prior to December 15, 1983.
受托人的意见
The Respondent is responsible for the provision of benefits coverage for the twenty-four Complainants who received a back pay award from December 9, 1983 and continuing for a period based on their hours worked during the 24 consecutive calendar month period immediately prior to December 15, 1983.