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受托人的意见
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在再保险
原告: 被解雇的员工
被申请人: 雇主
ROD案例编号: 88-687 - 1993年9月28日
校董会: 迈克尔·H. Holland, Chairman; Thomas F. 康纳斯,受托人; 马蒂D. Hudson, Trustee; Robert T. 华莱士,受托人.
The Trustees have reviewed the facts and circumstances of this dispute concerning the provision of health benefits coverage for laid-off Employees under the terms of the 雇主 Benefit Plan.
背景事实
The Complainants were employed in classified positions for the Respondent. Some of the Complainants were laid off around January 7, 1993, and the others were laid off around January 14, 1993. The Respondent notified the Complainants by letter dated January 25, 1993, that the Complainants’ panel forms were not valid because the Respondent had “improperly hired” the Complainants and that their health benefits coverage would terminate effective February 1, 1993. The Respondent is signatory to the National Bituminous Wage Agreement (“Wage Agreement”) of 1988.
争端
Is the Respondent required to provide health benefits coverage for the Complainants as laid-off Employees beyond January 31, 1993?
双方立场
Position of the Complainants: The Respondent is required to provide health benefits for the Complainants as laid-off Employees during their individual periods of eligibility as determined under the terms of the 雇主 Benefit Plan.
Position of the 被申请人: The Respondent has not replied to repeated correspondence from Funds’ staff requesting its position in this dispute.
相关的规定
Article XX Section (c) (3) (i) of the National Bituminous Coal Wage Agreement of 1988 provides in pertinent part:
(3)(i) Each signatory 雇主 shall establish and maintain an Employee benefit plan to provide, implemented through an insurance carrier(s), health and other non-pension benefits for its Employees covered by this Agreement as well as pensioners, under the 1974 Pension Plan and Trust, whose last signatory classified employment was with such 雇主. The benefits provided by the 雇主 to its eligible Participants pursuant to such plans shall be guaranteed during the term of this Agreement by that 雇主 at levels set forth in such plans….
Article I (1), (2) and (4) of the 雇主 Benefit Plan provide:
第一条-定义
The following terms shall have the meanings herein set forth:
(1) “雇主” means (雇主’s Name).
(2) “Wage Agreement” means the National Bituminous Coal Wage Agreement of 1988, 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, eligible to receive benefits hereunder.
第三条D. (1) (a) of the 雇主 Benefit Plan provides in pertinent part:
第三条-福利
D. 一般规定
(1) 续保
(a) 裁员
If an Employee ceases work because of layoff, 健康的延续, life and accidental death and dismemberment insurance coverage is as follows:
工作时数
24 .雇主
连续日历月
紧接前一时期 保险期限
雇员入职日期 继续
最后的工作 最近工作日期
2000小时以上 月加余额
12个月
500或更多，但少于 月加余额
2000小时 6个月
少于500小时 30天
讨论
Article XX Section (c)(3)(i) of the 1988 Wage Agreement requires a signatory 雇主 to establish and maintain an 雇主 Benefit Plan to provide health and other non-pension benefits for its Employees. The Wage Agreement stipulates that benefits provided by the 雇主 pursuant to such Plan shall be guaranteed during the term of the Agreement by that 雇主 at levels set forth in such Plan.
第三条D. (1) (a) of the 雇主 Benefit Plan provides continued benefits coverage for laid-off Employees based upon the number of hours worked for the 雇主 during the 24-month period immediately prior to the date last worked. Inasmuch as the Complainants were actively employed in classified positions by the Respondent when they were laid off in January 1993, the Respondent is responsible for providing continued health benefits coverage for the Complainants beyond January 31, 1993, 保险终止的日期, for the remainder of their individual periods of eligibility, as determined pursuant to 第三条D. (1) (a) of the 雇主 Benefit Plan.
受托人的意见
The Respondent is required to provide health benefits coverage for the Complainants and their eligible dependents beyond January 31, 1993, for the remainder of their individual periods of eligibility for continued coverage as laid-off Employees, consistent with the terms of the 雇主 Benefit Plan.