Opinion of Trustees
Resolution of Dispute
Case No. 84-027
Page 1
January 14, 1986
(Opinion issued in letter form; name and address deleted)
Re: Opinion of the Trustees
Resolution of Dispute
Case No. 84-027
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 an Employee under the terms of the Employer Benefit
Plan.
As the Employee’s representative, you have stated that the Employee began working for the
Employer in a classified position on or about October 24, 1984. On September 4, 1985, the
Funds determined that the Employer was no longer in business effective April 15, 1985.
You have stated that the Employer failed to provide health benefits coverage for the Employee
during the period of his employment from on or about October 24, 1984 through April 15, 1985.
In support of your claim, you have submitted medical invoices with dates of service prior to
April 15, 1985 and have asked that the Employer be responsible for the payment of these
charges. The Employer has failed to respond to Funds’ correspondence requesting its position in
this dispute; therefore, the Trustees must render a decision based upon the information on file.
Article XX (C)(3)(i) of the National Bituminous Coal Wage Agreement (“Wage Agreement”)
states that each signatory Employer shall establish and maintain an Employee Benefit Plan to
provide health and other non-pension benefits for its Employees. The benefits provided by the
Employer to its eligible Participants shall be guaranteed during the term of the Wage Agreement
at the level set forth in the Employer Benefit Plan. Article I (4) of the Employer Benefit Plan
defines an Employee as a person working in a classified job for the Employer. Article II A. (1) of
the Employer Benefit Plan provides health benefits coverage for Employees who are actively at
work for the Employer on the effective date of the Wage Agreement. Article II A. (4) of the Plan
provides coverage for new Employees from the first day worked with the Employer.
Inasmuch as the Employee satisfies the definition of an active Employee as set forth in Article I
(4) and Article II A. (1) and (4) of the Employer Benefit Plan, the Employer is responsible for
Opinion of Trustees
Resolution of Dispute
Case No. 84-027
Page 2
the provision of benefits coverage during the Employee’s period of employment to be provided at
the levels set forth in the Employer Benefit Plan. Accordingly, the Employer is responsible for
the payment of medical charges incurred during the Employee’s period of employment which
began on or about October 24, 1984.
Sincerely,
________________________________
Joseph P. Connors, Sr., Chairman
________________________________
Paul R. Dean, Trustee
________________________________
William B. Jordan, Trustee
________________________________
William Miller, Trustee
________________________________
Donald E. Pierce, Jr., Trustee
