April 27, 1982

(Opinion issued in letter form; name and address deleted)

Re: Opinion of Trustees
Resolution of Dispute
Case No. 306

Pursuant to Article IX of the United Mine Workers of America 1950 Benefit Plan and Trust, and under the authority of an exemption granted by the United States Department of Labor, the Trustees have received your question as to whether laid off Employees must repay the Employer for advanced insurance premiums which were paid during the first 30 days of the 1981 work stoppage.

An opinion adopted by the Trustees on July 28, 1981 (ROD No. 244), provides that the Employers are not required to pay for health and other non-pension benefit coverage after the expiration of the 1978 Bituminous Coal Wage Agreement. However, Article III E (2) of the Employer’s Plan requires that the Employers advance premiums for health and other non-pension benefit coverage for the first 30 days of an economic strike and requires the Employees to repay such premiums through a check-off deduction upon their return to work. Therefore, upon his return to work, the Employee is required to repay the premiums paid in his behalf for the first 30 days of the economic strike.


Harrison Combs, Chairman

John J. O’Connell, Trustee

Paul R. Dean, Trustee