April 26, 1983

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

Re: Opinion of Trustees
Resolution of Dispute
Case No. 81-114

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 reviewed this dispute concerning the provision of benefit coverage for an employee by the Employer under the Employer’s Benefit Plan.

Under the Employer’s Benefit Plan, the Employer is responsible for providing benefit coverage for Employees working in classified jobs for the Employer who are eligible to receive benefits. The evidence submitted in this case indicated that the Complainant was employed in a non-classified job as a section foreman. Therefore, the Employer is not responsible for providing benefit coverage for the Complainant under the terms of the Employer’s Benefit Plan.


Harrison Combs, Chairman

John J. O’Connell, Trustee

Paul R. Dean, Trustee