Arbitration Panel
If the Trustees are unable to resolve a dispute, 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. (See Article XX, Section (e) (5), “Responsibilities and Duties of Trustees” of the National Bituminous Coal Wage Agreement.) Arbitration means to submit a dispute to a person other than a judge whose decision is binding.
Arbitrator
A person who conducts an arbitration.
Article XX of the National Bituminous Coal Wage Agreement
This Article provides pension, health and other benefits for employees-active, disabled and retired–whose employer was signatory to a National Bituminous Coal Wage Agreement. (See Article XX Section (a) “General Purpose.”) See also National Bituminous Coal Wage Agreement.
BCOA
See Bituminous Coal Operators’ Association, Inc.
Bituminous Coal Operators’ Association, Inc. (“BCOA”)
An organization that represents the owners of unionized coal companies.
Coal Act
Coal Industry Retiree Health Benefit Act of 1992
Coal Industry Retiree Health Benefit Act of 1992 (“Coal Act”)
In October 1992, the Congress passed the Coal Act as part of the Energy Policy Act of 1992. Under the Coal Act, certain retired coal miners and their eligible family members are assigned to former employers who are then responsible for paying the annual health benefit premiums for these beneficiaries.
Coal Wage Agreement
National Bituminous Coal Wage Agreement (“NBCWA”)
Complainant
Person who makes an official compliant.
Decision
A formal deciding of a dispute. In the event the Trustees decide a dispute, such decision of the Trustees shall be final and binding on the parties. (See Article XX, Section(e) (5) of the National Bituminous Coal Wage Agreement.)
Dispute
A disagreement between an employee or pensioner and an employer concerning eligibility for coverage under the Employer Benefit Plan.
Employer Benefit Plan
Each signatory employer shall establish and maintain an Employee benefit plan to provide health and other non-pension benefits for its employees covered under the National Bituminous Coal Wage Agreement (See Article XX, Section (c) (3) (i) of the National Bituminous Coal Wage Agreement).
Funds
See UMWA Health and Retirement Funds
National Bituminous Coal Wage Agreement (“NBCWA”)
A collective bargaining agreement between the United Mine Workers of America (“UMWA”) and the Bituminous Coal Operators’ Association, Inc. (“BCOA”) that provides under Article XX there of health and pension benefits for eligible working and retired mine workers and their families.
Opinion of Trustees
The Funds’ Trustees’ statement of the decision reached in a resolution of dispute.
Opinion Date
See ROD Opinion Date
Q&A
Question and Answer
Resolution of Dispute (“ROD”)
A request to the Funds’ Trustees to review and issue an opinion concerning a dispute
ROD
Resolution of Dispute
ROD Trust
UMWA-BCOA ROD Trust
UMWA
International Union, United Mine Workers of America
