What if the Trustees are unable to resolve the dispute?

The Board of Trustees for the UMWA 1993 Benefit Plan currently reviews disputes under the 1993 and 1998 Wage Agreements. The Board of Trustees for the UMWA 1992 Benefit Plan currently reviews disputes under the Coal Act. Each board is comprised of four Trustees: two representing the UMWA and two representing the BCOA. If the Trustees deadlock on a ROD for which there is no precedent either in prior ROD opinions or in Funds' practice, the ROD is sent to an arbitrator.

Article XX Section (e)(5) of the Wage Agreement states that "such dispute shall be referred to a permanent three-member arbitration panel selected by mutual agreement of the UMWA and the BCOA and maintained by the Trustees. A dispute referred in this manner shall be decided by one member of the arbitration panel, determined on a rotating basis, whose decision shall be final and binding on the parties. Precedent under the resolution of disputes mechanism previously in place shall remain in effect, and the panel shall be required to cooperate to assure the consistent interpretation of provisions under the Employer Plans under this Article."