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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: 88-017 - 1988年8月10日
董事会:Joseph P. 康纳斯,老., Chairman; Paul R. Dean,受托人; William B. Jordan,受托人; William Miller,受托人; Donald E. 皮尔斯,小.,受托人.
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 the provision of health benefits coverage for laid-off 员工s under the terms of the 雇主 Benefit Plan.
背景事实
The Complainants were employed in classified jobs by 被申请人 until April 8, 1988, 当他们被解雇时. Hours reported to the Funds by 被申请人 indicate that at least one of the Complainants worked over 2000小时 for 被申请人 in the 24-month period prior to his date last worked.
The representative for the Complainants states that 被申请人 informed the Complainants that their health benefits coverage was terminated on June 1, 1988 because 被申请人 is unable to pay the insurance premiums. The representative asks whether 被申请人 is responsible for providing continued health benefits coverage for the Complainants as laid-off 员工s beyond June 1, 1988.
The Respondent was signatory to the National Bituminous Coal Wage Agreement of 1984, 1月31日到期的, 1988. 1月5日, 1988, 被申请人 signed an Interim Agreement signifying its intent to be bound by the terms of the agreement “successor to the 1984 National Agreement.”
争端
Whether 被申请人 is responsible for providing continued health benefits coverage for the Complainants as laid-off 员工s beyond June 1, 1988年根据雇主福利计划的条款.
双方立场
Position of the Complainants: The Complainants ask whether 被申请人 is responsible for providing their continued health benefits coverage as laid-off 员工s beyond June 1, 1988.
Position of 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 Agreements of 1984 and 1988 provides in pertinent part:
(3)(i) Each signatory 雇主 shall establish and maintain an 员工 benefit plan to provide, 通过保险公司实施, health and other non-pension benefits for its 员工s 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, 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”指(雇主名称).
(2) “Wage Agreement” means the National Bituminous Coal Wage Agreement of 1988, as amended from time to time and any successor agreement.
(4) “员工” 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.
第三条D. 雇主福利计划第(1)(a)条规定:
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
The Respondent was signatory to the 1984 Wage Agreement. 尽管它没有执行1988年的工资协议, 被申请人 signed an Interim Agreement on January 5, 1988, in which it agreed to be bound by the terms and conditions of the “agreement successor to the 1984 National Agreement.” The signatory status of an 雇主 who has signed such an agreement was addressed by the Trustees in ROD 84-055 (enclosed herein). 在他们的决定中, the Trustees concluded that the 雇主 must be considered signatory to the successor Wage Agreement. 相应的, 被申请人, 根据其签署的临时协议, 是否被视为1988年工资协议的签署人.
Article XX Section (c](3)(i) of the 1984 and 1988 Wage Agreements requires a signatory 雇主 to establish and maintain an 雇主 Benefit Plan to provide health and other non-pension benefits to its 员工s. The Wage Agreements stipulate that benefits provided by the 雇主 pursuant to such Plans shall be guaranteed during the terms of the Agreements by that 雇主 at levels set forth in such Plans.
第三条. D. (1) (a] of the 雇主 Benefit Plan provides continued benefits coverage for a laid-off 员工 for a defined period 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 worked in classified positions for 被申请人 until April 8, 1988, 当他们被解雇时, 被申请人 is responsible for providing continued health benefits coverage for the Complainants throughout their individual periods of eligibility as laid-off 员工s, as determined under the terms of the 雇主 Benefit Plan.
受托人的意见
The Respondent is responsible for providing continued health benefits coverage for the Complainants throughout their individual periods of eligibility as laid-off 员工s, as determined under the terms of the 雇主 Benefit Plan.