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受托人的意见
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在再保险

投诉: 被解雇的员工
被申请人: 雇主
ROD案例编号: 88-477 - 1992年1月21日

董事会:Joseph P. 康纳斯,老., Chairman; Paul R. Dean, Trustee; William Miller, Trustee; Donald E. 皮尔斯,小., Trustee; Thomas H. Saggau,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 Employees under the terms of the 雇主 Benefit Plan.

背景事实

The Complainants worked for the Respondent in classified positions until October 18, 1991, 当他们被解雇时. The representative for the Complainants states that the Respondent terminated the Complainants’ health benefits coverage effective November 1, 1991 and notified the Complainants of their right to elect continued coverage at their own expense under the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA).

被申请人, 新时代煤炭公司, is signatory to the National Bituminous Coal Wage Agreement (“Wage Agreement”) of 1988. The representative for 新时代煤炭公司 states that Mate Creek Development is responsible for providing continued coverage for the Complainants because effective November 1, 1991年，Mate Creek开发公司“承担了所有业务”, 包括新时代煤炭公司的负债. The representative for Mate Creek Development states that Mate Creek Development did not execute a successor agreement with 新时代煤炭公司, nor has it assumed any of 新时代煤炭公司’s obligations or liabilities.

争端

Whether the Respondent is required to provide health benefits coverage for the Complainants as laid-off Employees beyond October 31, 1991.

双方立场

Position of the 投诉: The Complainants’ representative asks whether 新时代煤炭公司 is required to provide health benefits coverage for the Complainants beyond October 31, 1991.

Position of the 被申请人: 新时代煤炭公司 is not required to provide health benefits coverage for the Complainants beyond October 31, 1991 because Mate Creek Development has “assumed all operations, 包括新时代煤炭公司的负债 effective November 1, 1991.

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)(1) Each signatory 雇主 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, 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, 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 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 月余额加上12个月
500或更多，但少于 月结余
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 each 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0. (1) (a)雇主福利计划 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 until October 18, `1991, 当他们被解雇的时候, the Respondent is responsible for providing continued health benefits coverage for the Complainants beyond October 31, 1991, for the remainder of their individual periods of eligibility, 根据第三条D款确定. (1) (a)雇主福利计划.

Because there is no evidence to indicate that Mate Creek Development expressly assumed the health benefits obligations of the Respondent and no evidence of an arbitration or court decision holding that Mate Creek Development Is responsible for providing health benefits coverage for the Respondent’s laid-off Employees, the Trustees have no basis on which to find Mate Creek Development responsible for providing health benefits coverage for the Complainants.

受托人的意见

被申请人 is required to provide health benefits coverage for the Complainants and their eligible dependents beyond October 31, 1991 for the remainder of their individual periods of eligibility for continued coverage as laid-off Employees, 符合雇主福利计划的条款.