受托人的意见
争议的解决
情况下没有. 84-055
第1页
1985年10月1日
(Opinion issued in letter form; name and address deleted)
Re: 争议的解决
连杆箱编号. 84-055
Pursuant to Article IX of the United Mine Workers of America (“UMWA”) 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 which you have
submitted on behalf of the Employees of the Golden Chip Coal Co., concerning the provision of
health benefits coverage for its Employees under the terms of the Employer Benefit Plan.
This dispute arises because effective January 31, 1985, the Employer ceased providing benefits
coverage to Employees and their eligible dependents under the Employer Benefit Plan
established pursuant to the National Bituminous Coal Wage Agreement of 1984. 你问了
that all outstanding bills incurred after January 31, 1985 be paid by the Employer and that the
Employees be reimbursed for all covered expenses.
In support of your position you have submitted copies of itemized health care invoices for
services incurred after health benefits coverage was terminated on January 31, 1985. 此外,
you have stated that the Employer has asserted that health benefits coverage will be reinstated as
soon as it is financially able to provide it.
The Employer has failed to respond to repeated correspondence from the Trustees of the UMWA
Health and Retirement Funds requesting its position in this dispute. Therefore, the Trustees must
decide this dispute based on the information available.
根据第XX条C款. (3)(i) of the National Bituminous Coal Wage Agreement of 1984, each
signatory Employer must maintain an Employer Benefit Plan (Plan) to provide, through an
insurance carrier(s), health and other non-pension benefits for its Employees. 根据第二条A款.
(1) and (4) of the Plan, persons who are actively at work for the Employer on the effective date
of the Wage Agreement are eligible to receive health benefits coverage pursuant to Article III.
Persons employed after the date of the Wage Agreement will be eligible from the first day
worked with the Employer.
According to a statement made by a company representative, the company was operating as of
1985年6月7日. Additionally, records maintained by the UMWA Health and Retirement Funds
indicate that on October 8, 1984, the Employer signed a Letter of Agreement in which it agreed,
among other things, to be bound by the terms and conditions of the “agreement successor to the
受托人的意见
争议的解决
情况下没有. 84-055
第二页
1981 National Agreement.” By virtue of this executed Letter of Agreement, the Employer must
be considered signatory to the 1984 Wage Agreement.
The Employer therefore is responsible to provide those benefits specified in the Agreement and
the Plans incorporated by reference therein. Consequently, the Employer is responsible for the
provision of health benefits coverage for its Employees at the level specified in the Employer
Benefit Plan established by the National Bituminous Coal Wage Agreement of 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