November 22, 1985
(Opinion issued in letter form; name and address deleted)
RE: Opinion of Trustees
Resolution of Dispute
Case No: 84-058
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
level of health benefits coverage under the terms of the Employer Benefit Plan.
This dispute arises out of your belief that neither the L&L Coal Company nor the Independent
Trucking Company has provided you with the level of health benefits coverage specified in the
Employer Benefit Plan as established by the National Bituminous Coal Wage Agreements
(“Wage Agreements”) in effect during your employment with each Employer. It is your
contention that both Employers have provided you with “eighty percent health coverage”. You
have asked whether these companies are responsible for providing you with benefits coverage at
the levels specified in the Wage Agreements.
Both Employers have failed to respond to repeated correspondence from the Funds requesting
their positions in this dispute. Therefore, the Trustees must decide this dispute based on the
available information.
Under Article XX (C) (3) (i) of the 1978, 1981 and 1984 Wage Agreements, each signatory
employer is required to establish and maintain an Employer Benefit Plan to provide health and
other non-pension benefits to its eligible Employees. The benefits provided by the Employer are
guaranteed during the term of the Wage Agreement at the levels set forth in the Plan.
Under Article II A. (1) and (4) of the 1978, 1981 and 1984 Employer Benefit Plans, individuals
who are actively at work for the Employer on the effective date of the Wage Agreement are
eligible to receive health benefits coverage pursuant to Article Ill of the Plan. Individuals
employed after the effective date of the Wage Agreement will be eligible from the first day
worked in a classified position for the Employer.
Information provided to the Funds indicates that you were employed in a classified position with
the L and L Coal Company from June of 1979 to February of 1984. L and L Coal Company was
signatory to both the 1978 and 1981 Wage Agreements which were in effect during your
employment with said company. Although no hours were reported to the Funds by the
Independent Trucking Company, you have also claimed employment with it in a classified
position during “1984 and 1985” and have submitted pay stubs from such employment in
February and April 1985. The Independent Trucking Company became signatory to the 1984
Opinion of Trustees
Resolution of Dispute
Case No. 84-058
Page 2
Wage Agreement on November 20, 1984. Inasmuch as you satisfy the eligibility requirements
for health benefits coverage pursuant to Article II A. (1) and (4) of the Employer Benefit Plans,
you are eligible to receive health benefits coverage for services incurred during your period of
employment as an active Employee with each Employer.
As an Employee eligible for benefits coverage you have claimed that your Employers have
provided you with “eighty percent” coverage and have asked whether such Employers are
responsible to provide benefits at the levels specified in the Wage Agreements.
Benefit levels to be provided to Employees, Pensioners and their dependents and survivors are
established through collective bargaining and are not subject to unilateral change by either party.
Accordingly, the Trustees are of the opinion that L and L Coal Company and Independent
Trucking Company are responsible for the provision of health benefits coverage at the level
specified in the Employer Benefit Plan.
Sincerely,
________________________________
Joseph P. Connors, Sr., Chairman
________________________________
Paul R. Dean, Trustee
________________________________
William B. Jordan, Trustee
________________________________
William Miller, Trustee
________________________________
Donald E. Pierce, Jr., Trustee
