受托人的意见
Resolution of Dispute
情况下没有. 84-027
第1页
一九八六年一月十四日
(Opinion issued in letter form; name and address deleted)
Re: Opinion of the Trustees
Resolution of Dispute
情况下没有. 84-027
Pursuant to Article IX of the United Mine Workers of America (“UMWA”) 1950 Benefit 计划
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 health benefits coverage for an Employee under the terms of the Employer Benefit
计划.
As the Employee’s representative, you have stated that the Employee began working for the
Employer in a classified position on or about October 24, 1984. On September 4, 1985, the
Funds determined that the Employer was no longer in business effective April 15, 1985.
You have stated that the Employer failed to provide health benefits coverage for the Employee
during the period of his employment from on or about October 24, 1984 through April 15, 1985.
In support of your claim, you have submitted medical invoices with dates of service prior to
April 15, 1985 and have asked that the Employer be responsible for the payment of these
指控. The Employer has failed to respond to Funds’ correspondence requesting its position in
this dispute; therefore, the Trustees must render a decision based upon the information on file.
Article XX (C)(3)(i) of the National Bituminous Coal Wage Agreement (“Wage Agreement”)
states that each signatory Employer shall establish and maintain an Employee Benefit 计划 to
provide health and other non-pension benefits for its Employees. The benefits provided by the
Employer to its eligible Participants shall be guaranteed during the term of the Wage Agreement
at the level set forth in the Employer Benefit 计划. Article I (4) of the Employer Benefit 计划
defines an Employee as a person working in a classified job for the Employer. 第二条A款. (1) of
the Employer Benefit 计划 provides health benefits coverage for Employees who are actively at
work for the Employer on the effective date of the Wage Agreement. 第二条A款. (4)规划
provides coverage for new Employees from the first day worked with the Employer.
Inasmuch as the Employee satisfies the definition of an active Employee as set forth in Article I
(4) and 第二条A款. (1) and (4) of the Employer Benefit 计划, the Employer is responsible for
受托人的意见
Resolution of Dispute
情况下没有. 84-027
第二页
the provision of benefits coverage during the Employee’s period of employment to be provided at
the levels set forth in the Employer Benefit 计划. Accordingly, the Employer is responsible for
the payment of medical 指控 incurred during the Employee’s period of employment which
began on or about October 24, 1984.
真诚地,
________________________________
约瑟夫·P. 康纳斯,老.董事长
________________________________
Paul R. 迪恩,受托人
________________________________
威廉·B. 约旦、受托人
________________________________
William Miller,受托人
________________________________
Donald E. 皮尔斯,小.,受托人