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受托人的意见
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In Re

投诉: 被解雇的员工
Respondent: Employer
ROD Case No: 84-605——1988年6月6日

董事会:Joseph P. Connors, Sr., Chairman; Paul R. Dean, Trustee; William B. Jordan, Trustee; William Miller, Trustee; Donald E. Pierce, Jr., Trustee.

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 concerning health benefits coverage for laid-off Employees under the terms of the Employer Benefit Plan.

背景事实

The Complainants were employed in classified positions with the Respondent until October 1987, 当他们被解雇，被告停止经营. The Respondent was signatory to the National Bituminous Coal Wage Agreement (“Wage Agreement”) of 1984, 1月31日到期的, 1988, 但没有签署1988年的工资协议.

The Complainants claim that the Respondent is responsible for payment of any outstanding medical bills incurred prior to January 31, 1988, and for providing continued health benefits coverage for the Complainants beyond January 31, 1988, during their individual periods of eligibility as determined under the terms of the Employer Benefit Plan.

The Respondent has paid the covered medical expenses incurred by the Complainants prior to January 31, 1988; however, it contends that it is not obligated to provide health benefits coverage for the complainants beyond January 31, 1988, 一九八四年工资协议的到期日.

Dispute

Whether the Respondent is responsible for providing continued health benefits coverage for the Complainants beyond January 31, 1988.

双方立场

Positions of the 投诉: The Respondent is responsible for providing continued health benefits coverage for the Complainants as laid-off Employees beyond January 31, 1988, during their individual periods of eligibility as determined pursuant to Article III. D. (1) (a)雇主福利计划.

Position of the Respondent: The Respondent is not obligated to provide health benefits coverage for the Complainants beyond January 31, 1988, 一九八四年工资协议的到期日.

相关的规定

Article XX(c)(3)(i) of the 1984 National Bituminous Coal Wage Agreement provides in pertinent part:

(3)(i) Each signatory Employer shall establish and maintain an Employee benefit plan to provide, 通过保险公司实施, health and other non-pension benefits for its Employees covered by this Agreement as well as pensioners, 1974年养恤金计划和信托皇冠搏彩中心网站, 谁的最后一个签署人曾受雇于该雇主. The benefits provided by the Employer to its eligible Participants pursuant to such plans shall be guaranteed during the term of this Agreement by that Employer at levels set forth in such plans. Such plans shall also include that each signatory Employer continue to make the death benefit payments in pay status as of December 5, 1977, for deceased Employees and Pensioners under the 1974 Pension Plan 谁的最后一个签署人曾受雇于该雇主, if] the same manner and in the same amounts as previously provided for in the 1974 Benefit Plan and Trust. The plans established pursuant to this subsection are incorporated by reference and made a part of this agreement, and the terms and conditions under which the health and other non-pension benefits will be provided under such plans are as to be set forth in such plans.

雇主福利计划第I(1)、(2)、(4)条规定:

第一条-定义

下列术语具有本协议规定的含义:

(1) “雇主”指(雇主名称).

(2) “Wage Agreement” means the National Bituminous Coal Wage Agreement of 1984, 如不时修订及任何后续协议.

(4) “Employee” shall mean a person working in a classified job for the Employer, 有资格获得本协议项下的福利.

Article II. A. (4)雇主福利计划规定:

第二条-资格

The persons eligible to receive health benefits pursuant to Article III are as follows:

A. 积极的员工

(4) A new Employee will be eligible for health benefits from the first day worked with the Employer.

Article III. D. 雇主福利计划第(1)(a)条规定:

D. 一般规定

(1) 续保

(a) Layoff

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
连续24年的雇主
日历月期间
在雇员日期之前 续保期
Last Worked 从上次工作日期开始

2000小时以上 月余额加上12个月

500或更多，但少于
2,000 hours 月余额加上6个月

少于500小时 30 days

Discussion

Article XX(c)(3)(i) of the 1984 Wage Agreement requires a signatory employer to establish and maintain an Employer Benefit Plan to provide health and other non-pension benefits to its Employees and Pensioners. The issue here is whether the Respondent is contractually obligated to provide such coverage to its laid-off Employees beyond the expiration of the 1984 Wage Agreement when the Respondent did not sign the 1988 Wage Agreement.

The United States Court of Appeals for the Fourth Circuit, in Dist. 美国煤矿工人联合会，等. v. 皇家煤炭公司., 768 F.2d 588, 592(第4卷. 1985年)及Dist. 17、美国煤矿工人联合会，等. v. Allied Corp., etc., 765 F.412,417(第4章. 1985)(全体会议), ruled that an Employer’s contractual obligation to provide health benefits to its Pensioners does not extend beyond the expiration of the Wage Agreement.

然而，位于Coalite, Inc .的国家劳工关系委员会., 案例10-CA-20797, 9月5日, 1985), 发现被解雇员工的健康福利“不是 . . 与养老金领取者的福利密不可分.” Further, the Benefit Plan treats laid-off Employees differently from Pensioners. 根据第三条. D. (1)(a)雇主福利计划, laid-off Employees are entitled to a specific period of health benefits coverage determined by reference to the number of hours they worked prior to layoff, whereas, 没有为退休人员指定保险期限. Accordingly, the Trustees conclude that active Employees who were laid off prior to the expiration of the 1984 Wage Agreement are entitled to the period of health benefits coverage specified by the Wage Agreement.

受托人的意见

The Respondent is responsible for providing continued health benefits coverage for the Complainants for the period set forth in Article III. D. 1984年雇主福利计划第(1)(a)条.