Preserving Pensions & Health Care

Taking on the Tough Challenges

A growing surge of federal and state environmental laws and regulations affecting coal production. Changing priorities for fuel use by the nation’s utilities to generate electricity. Bankruptcies, and then more bankruptcies. Unfair court decisions threatening retirees’ health care and pensions. More than half of America’s coal mining jobs lost.

The UMWA has been faced with all these significant challenges, and more since the turn of the century. And the fights are far from over.

The Twisted Tale of Patriot Coal

Beginning in 2005, Arch Coal sought to abandon its promises to UMWA members by spinning off its union operations into a company called Magnum Coal and dumping all its retiree liabilities into it. In 2007, then Peabody followed suit by creating Patriot Coal and putting ten percent of its assets and one hundred percent of its retiree liabilities into Patriot. They even bragged about how they cut a billion dollars from their current and future liabilities. In 2008, Patriot and Magnum then merged into one company which, as planned by their former owners, had little chance of survival in a soft coal market.

In 2012, that is exactly what happened. In July of that year, Patriot Coal went into a New York City bankruptcy court and filed for Chapter 11 bankruptcy reorganization. Active and retired workers were faced with a significant threat to their jobs, their health care and pension.

At this time, more than 22,000 active members, retirees and their dependents received health care benefits from Patriot Coal. “This is Peabody’s and Arch’s attempt to shed themselves of their obligations under the NBCWA and the Coal Act,” said PresidentRoberts to UMWA members at a bankruptcy explanation meeting. The fight to Keep the Promise was on.

Taking the Fight to St. Louis

The first battle the UMWA confronted was moving the bankruptcy case from New York to a location closer to the coalfields. “The people who were affected lived in Illinois, Kentucky, West Virginia and Indiana,” said President Roberts. “They didn’t live anywhere near New York. So we asked the New York judge to move the case.”

Retirees wrote hundreds of letters to the judge, asking her to put the case closer to the coalfields. “If they are going to take away my pension and my health care, I want them to look me in the eye when they do it,” said one.

We prevailed. The case was moved to the federal Bankruptcy Court in St. Louis, which is also where Peabody and Arch have their headquarters. It was a perfect place to march, rally, and protest both companies and any decision the court might make. And on a cold day in January, 2013, the UMWA held the first of more than 18rallies in St. Louis. President Roberts and others were arrested in front of Peabody’s headquarters.

On April 29, 2013, more than 6,000 active and retired coal miners, families and supporters marched down the streets of St. Louis, Missouri

In December, 2013, Patriot Coal emerged from bankruptcy when the U.S. Bankruptcy Court in St. Louis ruled the company could cease paying health care benefits for all retirees who retired after 1994. The court ruling also allowed Patriot Coal to eliminate retiree health care for those active employees, who were eligible for benefits. The Court also threw out the existing collective bargaining agreement and set the terms and conditions of work moving forward. But the UMWA said “Not acceptable,” and made it clear to Patriot that any new collective bargaining agreement had to have significant improvements over the Judge’s order. After some months of negotiation, that is exactly what happened.

Peabody and Arch, wanting desperately to end the St. Louis rallies and repair their public image, agreed to provide $400 million to fund a Voluntary Employees Benefit Association (VEBA) which would pay retiree health care going forward. The Promise was kept, for a time.

WHAT WE ARE SEEING HERE IS AN ATTEMPT TO HAND OVER YET MORE MILLIONS TO A HANDFUL OF WALL STREET FINANCIERS AT THE EXPENSE OF WORKING AND RETIRED COAL MINERS. – PRESIDENT ROBERTS

‘KEEP THE PROMISE!’

In 2015, the UMWA was hit once again with the shrapnel of coal company bankruptcies. Patriot Coal, again, Walter Energy and Alpha Natural Resources used federal bankruptcy laws to attempt to slash workers’ wages, eliminate jobs and retiree health and pension benefits, and shred collective bargaining agreements. The 1974 Pension Plan filed a complaint against Peabody and Arch, accusing the companies of evadingtheir obligations to its workers.

On September 8, 2016, more than 10,000 UMWA members, family and supporters were called to action once again. More than 125 buses from 14 states offloaded members into Union Square in Washington, DC. It was time to confront the government and demand action to protect the pensions and health care of active and retired miners and widows once and for all, as stated under the terms of the 1946 Krug-Lewis Agreement.

“It is here at the doorstep of Congress that the decision to uphold the Promise made to miners in 1946 will ultimately be determined!” proclaimed President Roberts. One hundred UMWA members sat down in the middle of Pennsylvania Avenue in a display of civil disobedience. All arrestees were removed by the UnitedStates Capitol Police.

In July 2015, the UMWA held its 55th Consecutive Constitutional Convention in Las Vegas, Nevada.

125 Years of Struggle and Glory

On January 25, 2015, the UMWA celebrated 125 years since it was founded in Columbus, Ohio, in 1890. The United Mine Workers of America would later be one of the first to negotiate the eight-hour work day, an end to child labor, and health care and retirement benefits.

In July, 2015, the UMWA held its 55th Consecutive Constitutional Convention in Las Vegas, Nevada. Delegates approved constitutional changes that addressed depressed coal prices, bankruptcies, plant closures, job losses and agreed on plans for upcoming contract negotiations. As well as, one percent Selective Strike assessment to be transferred to the General Fund in preparation for the struggles ahead.

On August 17, 2015, more than 1,200 members, families and supporters rallied out front of Patriot Coal’s headquarters in Scott Depot, West Virginia, to protest the company’s plan to abandon its collective bargaining agreement.

A Permanent Health Care Solution

On May 5, 2017, Congress passed legislation that guaranteed lifetime health care benefits to UMWA retirees and their families. The passage of House Resolution 244, the Consolidated Appropriations Act of 2017, relieved retirees, widows and dependents of the possibility of having their health care stolen from them. During the final stages of the UMWA’s effort to pass the Miners Protection Act, the membership’s lobbying efforts were crucial to the union’s success.

But we could only pause to celebrate for a short time. The immediate fight to preserve pensions loomed. The health care of more than 22,600 current future retirees had been secured but more than 86,000 beneficiaries and an additional 20,000 future retirees were still at risk of having their pensions severely reduced or eliminated altogether.

Special International Convention

In November, 2017, the UMWA held a Special International Convention in St. Louis, Missouri, as both a celebration of the health care victory and an action to resolve the fight to preserve the 1974 Pension Plan. Resolution one was introduced by International Secretary-Treasurer Emeritus Dan Kane, “The International President shall call a Special International Convention in order to obtain authorization to transfer funds from the Selective Strike Fund to the General Treasury, provided that said transfer will not cause the balance of the Selective Strike Fund to fall below $100 million.” Delegates voted unanimously to adopt all constitutional changes.

IF WE NEVER GAVE UP, IF WE NEVER STOPPED FIGHTING, WE WOULD NEVER LOSE. IT WAS NOT A QUESTION OF ‘IF’ WE WILL WIN, BUT WHEN WE WILL WIN. – PRESIDENT ROBERTS

Columbus, Ohio Rally

In July, 2018, 13,000 UMWA members, families and supporters gathered on the steps of the Ohio State Capitol during a hearing to discuss the country’s pension crisis.

July 12-13, 2018, 13,000 UMWA members, families and members of supporting unions gathered on the steps of the State Capitol in Columbus, Ohio, during a two-day hearing by the Joint Select Committee on Multi-Employer pensions to discuss a solution to America’s Pension Crisis. “We are here to remind Congress that we will not stop fighting for the hardearned pensions American Workers have earned and deserve!”, President Roberts proclaimed to a crowd of over 13,000 on the steps of the Statehouse steps.

United States Senators Sherrod Brown and Rob Portman, both from Ohio, spoke at this rally, along with national labor leaders representing Teamsters, Steelworkers, Bakery Workers, Flight Attendants and others.

More than 100,000 UMWA members and supporters rallied, marched and lobbied in cities across the country to urge the U.S. Government to “Keep the Promise!” made to workers and their families.

Promise Made, Promise Kept

On December 20, 2019, in the closing hours of the 116th Congressional session, legislation recognizing the promise made to members of the UMWA by the U.S. Government was codified into law and the struggle to “Keep the Promise” of lifetime health care and pensions made to coal miners on May 29, 1946 ended. “From the very first meetings and rallies in July 2012, through the host of coal company bankruptcies, to callous rulings from the courts, the UMWA membership has remained resilient and fighting,” said President Roberts.

President Roberts was arrested more than any other person during the fight to “Keep the Promise” to miners. 246 members, family members and supporters risked their personal freedom to push the government to honor the commitment made to the nation’s miners. From August 2012 through the passage of the Continuing Resolution in 2019, over 10,000 people stood at the doorstep of the United States Capitol and more than 13,000 in front of the Statehouse in Columbus, Ohio, to win the battle against corporate bankruptcy and preserve the promise made to thousands of working people.

The Promise has been kept. Now we need to defend it.

UMWA Project 50: Volume IV