Local Union 4011 Making a Difference for Students

 

Members of UMWA Local Union 4011 work at Wood Memorial High School. The school is located off Interstate 161 North in the town of Oakland City, Indiana, and is operated by the East Gibson School Corporation. It is the smallest of the three high schools in Gibson County. Students attending Wood Memorial are from the rural areas of Barton Center and Columbia Townships.

There are currently 277 students enrolled at Wood Memorial, home of the Trojans.

UMWA Local Union 4011 Members carry out the day-today custodial and maintenance duties at the High School.

“The history of the United Mine Workers is rooted in representing Members from the more rural areas of our country,” said Secretary- Treasurer Allen. “We are very proud of the Members who live and work in these small communities. They not only provide essential services to these towns and villages, they are the bedrock that holds these communities together. I consider it an honor to call them my Sisters and Brothers. These Members make our Union great.”

 

Members Working Together for the Students

 

The day shift crew arrives at the school at six a.m. to begin their on-the-job duties in preparation for the student’s arrival. Debbie Williams has been working at the school for 19 years. Debbie started as a part-time employee before eventually being hired to a full-time position at the school and she immediately joined the the UMWA.

“When I first arrive in the mornings, I have several duties that I start off with,” Williams stated. “I get here before the students every morning so I can make sure all of the lights are working properly. I also check to be sure all the supplies are stocked and the chairs are in place in the cafeteria. Then I make sure the bathrooms are clean for the students, and help maintain the gymnasium. We want the students to feel safe and comfortable in their environment when they arrive at school each day.” The night-shift crew takes care of cleaning all the rooms, hallways, emptying the trash and getting the school ready for the next day’s activities.

Ralph Ewin has been a UMWA Member for 10 years and is in charge of the cafeteria. He also spends a majority of his time working in the gymnasium that was completely refurbished four years ago. “The school was built about 50 years ago, so it was definitely time for some updating and improvements,” said Ewin. “I’m very proud of the work we have done to renovate and maintain the gym. The floor was completely refurbished, and I painted the stripes along the walls to give it a fresh look. After the floor and painting was completed, I rehung all of the signs on the walls.”

Brother Ewin has been the Local Union President for the past two years. He has a lot of pride when it comes to his job with Wood Memorial.

“I know the students are very appreciative of all the work that has been put into giving our gymnasium a new and modern look. We all do our best to make sure the students have a nice, clean and healthy environment when they walk through the doors each morning.” “The members of Local Union 4011 are very hard-working people,” said International District 12 Vice President Steve Earle. “Every one of these Members goes to work every day with one thing in mind, how can I help the students at Wood Memorial High School today. They provide a great service to the high school and all the students who attend. We are all very proud they are UMWA Members.”

 

The Union Fights for What is Right

 

Ralph’s wife, Darla, has been a member of the United Mine Workers for 14 years and also works as part of the custodial staff at Wood Memorial. Since July, 2017, Darla has been the Recording Secretary for Local Union 4011. Darla started at Wood Memorial as a part-time employee and held that position for over nine years until it was eliminated. After Darla’s part-time position was eliminated, she returned as a night-shift custodian, until a day-time position became available.

“When my wife came back on the day shift, East Gibson School Corporation didn’t want to recognize the years of service she earned from her previous job at the school,” said Brother Ewin. “If it wasn’t for the Union fighting for her, she would have lost all her seniority. They wanted to consider her a new hire. With the help of the Union, she was able to maintain her seniority, and we are both grateful for that. The Union stood up for what was right, and we will never forget it.”

“The UMWA is very proud of the diverse Membership we represent,” said President Roberts. “The Union is made up of hard-working members all across this country who are very skilled individuals in a variety of occupations. Every one of them are important to the Union’s continuing success, and we appreciate their dedication and professionalism. The Members of Local Union 4011 make a difference in the lives of each student who attends Wood Memorial, and we appreciate the job they do.”

 

It’s Not Just About the Job

 

Local Union 4011 Members not only arrive at work to perform their specific job duties, they also go above and beyond what is in their job description. On any given shift, they may have to repair a water leak or deal with an electrical issue. They may change air filters, mop, sweep and even do repairs on the rooftop. UMWA Member Andy Willis likes his job at the school, but he truly enjoys working and interacting with the students.

“In 2007, the girls’ basketball team made a run to the state championship game but lost one step shy of the title”, said Willis. “In 2017, the team made it to the state championship game, and we won. It was a great feeling to see the students celebrate their victory, and it was great to be part of that excitement.” The Members of Local Union 4011 were there to cheer on their state championship team and are extremely proud of the students they see on a daily basis.

“Trust me, it was a big deal,” said Member Debbie Williams. “We couldn’t have been prouder of the Wood Memorial girls’ basketball team.”

Brother Ewin agreed with Williams. “The whole town was very supportive of the team,” said Ewin. “It was great for all of the Members who work at the school with these students every single day. It was great to be a part of their victory celebration and for us to let them know how much we care. We feel like they appreciate the hard work we do at the school, and we wanted to let them know how much we appreciate their hard work too. We are very proud of them.”

 

“ My wife and I are both members of the United Mine Workers. If it weren’t for the Union, my wife wouldn’t have the job she has today. We both are very thankful that we have our Union to support us. If we ever have a problem, we know we can depend on the Union to help us. That’s what a Union is all about. The Local Union handles  the problems as they arise, but it is nice to know someone has your back when you need it.” — Ralph Ewin, President LU 4011

Alabama Coal

 

 

In the rural areas of the state of Alabama, located in the depths of the earth, lies some of the highest quality coal and deepest underground coal mines in North America. The men and women of UMWA District 20 mine coal in the massive Blue Creek seam.

This particular vein of coal has a very low sulfur content and a higher BTU rating (heat value) than thermal coal. This high-grade coal, commonly referred to as metallurgical coal, is primarily sold to the export market for use in the global steel industry.

“Some of the highest quality coal in the world is mined here in Alabama,” said International District 20 Vice President Larry Spencer.

“Some of these mines are as deep as 2,100 feet underground and produce approximately 25 to 30 million cubic feet of methane every day, so the safety of our members is always the first thing we must consider before production begins. The Union has and always will put the safety and health of our Members before anything else. Whether you are working underground or you are operating equipment at one of A dozer operator at Warrior MetCoal prepares to move coal on the stockpile. the preparation (prep) plants, safety always comes first.”

 

Local Union 2245

 

UMWA Members from Local Union 2245 work for Warrior Met Coal, at the No. 4 Mine, located in Brookwood, Alabama, southwest of Birmingham, near Tuscaloosa. When the men and women arrive for their shift, it begins with their ride in the “cage”, an elevator that takes you on a three-minute trip to the bottom of the mine.

“There are about 300 active members in our local right now,” said Local Union 2245 President Brian Kelly. “We have a great group of men and women at the mine who look out for one another. The health and safety of every Member is our number one priority here.”

Other officers for the Local Union are Vice President Roscoe Boyd, Recording Secretary Anthony Trenter and Financial Secretary Wesley Pierson.

“We are very proud of the members of District 20 in Alabama,” said President Roberts. “Without the hard work of our Members, these companies wouldn’t be able to produce the millions of tons of coal that are shipped and sold each year. They are some of the most efficient and productive miners in the World.”

The coal from the No. 4 Mine is shipped to markets in the United States, Europe, Asia and South America.

 

 

 

Local Union 2427

 

The Members of Local Union 2427 work at Warrior Met’s Central Shop and Supply House in Brookwood, Alabama. The shop performs maintenance, fabrication and repairs on equipment from the surrounding coal mines owned by Warrior MetCoal.

“From welders to mechanics, we do it all here at the shop,” said Local Union President Curtis Turner. “We have some of the best workers here in our shop, and we all work together to make sure our work is done safely and properly.”

Charles Nash serves as the Recording Secretary for the Local and Johnny Price is the Financial Secretary. The shop repairs and rebuilds underground and surface equipment used at Warrior Met, such as continuous miners, roof bolters, shuttle cars, dozers, graders and drills. If the equipment is operated on mine property, the men and women of Local 2245 repair it.

“Without some of the most technically advanced equipment in the industry, these mines and the prep plants simply would not be competitive. Our members working at Central Shop and Supply are the ones that keep everything up and running at the plants and underground,” said International District 20 Vice President Larry Spencer. “They do a great job, and we appreciate the expertise they provide on some of the most advanced machinery used in the industry.”

 

Local Union 2368

 

The preparation plants are responsible for handling and washing the coal and preparing it for the transportation to the market. During this process, coal is cleaned of rock and debris, and then is crushed and sorted into different sizes. After the extensive cleaning process, the coal is loaded into trucks and/or rail cars for ground transportation or barges for the overseas market.

The Warrior Met Coal No. 5 Prep Plant employs 23 UMWA Members. Members’ occupations span from equipment operators, engineers, loaders, handlers to control room operators. They handle every ton of coal that is mined, transported and sold. The sampling, crushing and washing of the coal done at a prep plant is a very precise operation.

“People who have never been around the coal industry don’t understand how coal is mined or how a preparation plant works,” said President Roberts. “The prep plants are an extremely important part of the process that allows coal to be sized and blended to meet the specific needs of the customers.”

Officers of Local Union 2368 are President Mike Jordan, Recording Secretary Jerrod Knox and Financial Secretary Clarence Garrison. Local Union 2397 Warrior Met Coal’s No. 7 Preparation Plant employs Members of Local Union 2397.

“We all work together here at the plant to make sure everything runs safely,” said Local Union President Carl White. “Everyone looks out for one another while on the job. We know if we ever have a problem, the District and International Union is there for us, just like I’m here for all of our members at the prep plant.”

Other officers for Local Union 2397 include Vice President Johnny Murphy, Recording Secretary David Bittle and Financial Secretary David Greek. Members employed at Warrior Met Coal’s, No. 7 Mine in Brookwood, Alabama, make-up the bulk of Local Union 2397’s Membership.

The North portal facility at the No. 7 Mine opened in 2018. As production advanced further away from the old portal it became more time consuming for miners entering the northern sections of the mine. The construction of the new portal was essential to the mine’s efficient operation. The portal was designed to eliminate five miles of underground travel time each way during miners’ shifts.

 

 

Local Union 8982

 

“The membership working in the mines and preparation plants in Alabama do a great job,” said Region II Director Gary Trout.

“We are so proud of the hard work they do every day, whether they are running a shuttle car, bolter or longwall underground or operating a bulldozer or rock truck on the surface, they are a vital part of the overall. No one does it better or safer than UMWA Members.”

 

 

 

Local Union 1948

 

Peabody’s Shoal Creek Preparation Plant employs Members of Local Union 1948 and is responsible for the cleaning and prepping of the coal from the Shoal Creek Mine in Adger, Alabama. Like all other prep plants, the coal coming into the Shoal Creek plant is cleaned, crushed and sorted, but the loading process is unique because all of the coal that is processed by Local 1948 Members is loaded directly onto barges that transportit to the Port of Mobile. From there it is loaded on ships for overseas markets. The barge loading facility is a massive operation located on the bank of the Warrior River. The Shoal Creek Mine was developed in 1994 and acquired by Peabody in 2018. The Shoal Creek Mine, like the other mines in the area, uses the longwall system to mine the high quality coal from the Blue Creek coal seam. Longwall machines shear coal across more than a 1,000-foot-long face, producing thousands of tons of coal a shift. As the longwall advances, the roof behind the longwall shields weakens and caves. “Working on a longwall is a very unique experience,” said District 20 Representative James Blankenship. “It’s difficult for anyone who hasn’t experienced this process to understand how it really works. It’s hard for them to imagine that you’re removing the coal from the face, sending it outside to the prep plant and then allowing the roof where you were just walking to cave in behind the shields. It’s certainly not a normal day at the office for most folks.” Local Union 1948 officers are President Donny Black, Recording Secretary Marty Benson and Financial Secretary Morris Studdard, Jr. “We are so blessed to have such great officers in our locals,” said International District 20 Vice President Larry Spencer. “We appreciate all the hard work, time and dedication they put into doing their job as officers.”

 

Local Union 2133

 

Members of Local Union 2133 work at the Oak Grove Mine, located just off of Taylors Ferry Road in Bessemer, Alabama.

The officers of Local Union 2133 are President William Goodwin, Recording Secretary Derrick Perry and Financial Secretary Mary Ellis-Smoot.

“These are tough and sometimes very dangerous jobs, but the men and women of District 20 are skilled and dedicated Union miners. They truly are the best people you could ever work with. I’m proud to call them my Brothers and Sisters,” said International District 20 Vice President Larry Spencer.

 

Safety Always Comes First

 

“Whether you are an underground miner in the United States or Canada, a correctional officer in Pennsylvania, an electrician or welder in West Virginia or whatever your profession may be in whatever part of North America you work, the safety of UMWA Members always comes first,” said Secretary-Treasurer Allen.

“The Union is made up of such a diversified membership. There are so many talented, hard-working professions and they deserve to work in a safe and healthy environment. That is what the United Mine Workers is about. Safety is always the first concern of the UMWA at every level of the Institution.”

“Mining has always been a very dangerous occupation. We all remember the 13 miners who lost their lives in the JWR #5 disaster in Brookwood, Alabama, on September 23, 2001,” said President Roberts.

“The families of those 13 miners never expected their loved ones to leave for work and never return home. A memorial service is held each year in remembrance of the miners who were lost on that day. We must always remember that the most important thing to come out of the mine is the miner. When it comes to health and safety, we must all remain ever vigilant.”

 

American Justice and Bankruptcy

There is no other place on earth like the United States of America, where the rule of law is considered, by most citizens, to be the cornerstone of a civil society. The belief that every individual possesses equal standing in the eyes of justice to redress their grievances, seek an appropriate resolution when they are harmed or receive an impartial ruling to the claim, they place in the court docket, is taught to every citizen from their earliest days in school. Lady Justice, impartially weighing the facts, as she steps on the neck of the corrupt serpent and grasps the sword, by which she will carry out swift and final justice, establishes the appearance of fairness in the American justice system. The symbolism is great, the ideals are noble, the intent of the framers of the Constitution was apparent, but for many working people in the United States today the system simply does not live up to those lofty values.

Since July 9, 2012, when Patriot Coal Company first filed Chapter 11 Bankruptcy in the Bankruptcy Court for the Southern District of New York, members of the UMWA have witnessed how the legal system has been twisted and manipulated to guarantee that the powerful and well connected, or those who have the most money or run the biggest corporations, receive special treatment in the Nation’s courts. Through a multitude of bankruptcy proceedings, from Patriot Coal, Arch Coal, Peabody Energy to Westmoreland and Mission Coal and many others, UMWA Members have seen the Courts side with big business at every turn. They have seen bankruptcy laws in practice and learned the sole purpose of the Court was to allow the company to shed its obligations and emerge from bankruptcy financially sound. Nothing matters beyond the survival of the company.

 

Only in America

“We are all very familiar with the phrase, only in America. Normally people use such language when they talk about some of the momentous events or great achievements, either personally or for the Nation;’ stated President Roberts. “Unfortunately, The UMWA has recently experienced one of those, only in America, moments that really makes you ask, how could this happen in America?”

“We have been through many bankruptcies recently, but what is happening right now with Westmoreland and Mission Coal sheds a whole new light on just how bad the bankruptcy laws in this Country are for working people;’ continued President Roberts. “In order to fully understand what is happening here, we need to look at the facts in these cases. Near the end of 2018, both of these companies filed for Chapter 11 bankruptcy protection in Federal Court. Mission Coal in Birmingham, Alabama and Westmoreland in Houston, Texas. As is the case in every bankruptcy the Union and the Members are victimized. Both companies went to Court, claimed poverty, asked for huge bonuses to retain the people who ran the company into the ground, while at the same time asking the Court to relieve them of their contractual obligations. We all understand that these obligations are the hard-earned pensions and health care benefits miners and their families have earned for their years of dedicated service to the company. Finally, the operators ask the court to throw out the collective bargaining agreement between active UMWA Members and the companies. In what is really just a formality, the Judge looks at the requests from the companies, checks the boxes, and gives them everything they have asked for.”

“Normally, that would be the end of the process;’ said President Roberts. “The companies would then exit bankruptcy and the Union must fight to secure the benefits retirees and their families are owed and hammer out a new collective bargaining agreement for Members at the existing operations. But this is not a normal situation. Tom Clarke, the owner of Mission Coal who ran to the Alabama Bankruptcy Court and claimed poverty also made his way to the Texas Bankruptcy Court and put in a bid to buy some of the assets of Westmoreland Coal. That is an unbelievably cruel way to treat working women and men. What else can you say about how the bankruptcy laws impact the lives of workers except, only in America.”

 

Bankruptcy Is about Power and Greed

The questions raised through the bankruptcy process are never centered on fairness or an equitable solution for everyone involved. Most certainly the determinations by the Courts to allow coal operators to callously terminate health care and pension benefits to long-time employees and their families, and to end collective bargaining agreements for active employees while at the same time permitting the payout of millions of dollars in bonuses to corporate executives and select company employees reinforce the idea that workers and retirees in these situations are expendable. The Judge, like the company executives who filed for protection in the Court, do not live near the people most affected by their decisions. They will not see the suffering and devastation of families and communities. It appears easy to take money from the workers’ pockets, or throw the retiree out of the nursing home, or hospital, as long as the Court and the company do not have to physically witness the act. They only see the bottom line numbers on the bookkeeper’s spreadsheet. The amount of money the company can save by eliminating hard earned retirement benefits or stripping the safety and economic security from a collective bargaining agreement is all that interests them.

The Union understands that the companies along with many unaffected bystanders will try and justify the final determinations in these cases as just business. They will attempt to convince themselves, and anyone else who will listen, that there is no personal motivation to destroy the lives of workers while enhancing their own financial status, but we all know better. This is about the power to leverage the legal system to grossly enhance the financial condition of the wealthy owners at the expense of those who can least afford it. In the end, it is all personal. It is about the ability of the worker to earn a decent living and retire in relative comfort after years of hard work. Unfortunately, in every bankruptcy case, it is about the greed of those persons who have the power to take it away.

 

We all have a Responsibility to Correct this Problem

“No one can deny we live in the best Country ever to exist on the face of the earth. We have freedom of speech, freedom to assemble, freedom to protest and the freedom of religion;’ said President Roberts. “We need to remember none of these rights and privileges were given to any of us. Working men and women have fought and died to preserve our way of life. Miners, laborers, factory workers, and workers from all walks of life have made many sacrifices to help maintain and build the United States into the greatest military and economic power in the world. However, this ongoing process to create a more perfect union is not done. While we have a duty to recognize the efforts of those who came before us, we must also understand our obligation to build on that foundation and make our Country a fairer and more inclusive Nation. We must make it a society that works for everyone, not just the rich and powerful. That is our responsibility as citizens of the United States and Members of the United Mine Workers of America and we will meet that challenge.

 

The Westmoreland Decision

In the Westmoreland case, Judge David Jones of the Bankruptcy Court for the Northern District of Alabama issued his decision to permit the elimination of health care and pensions to retirees along with granting the company’s request to terminate the collective bargaining agreement on February 19, 2019. Certainly, because of the rash of bankruptcies in the coal industry since 2012, this came as no surprise to any Member of the UMWA. However, if you look closely at the comment by Judge Jones, who does not appear to offer public comments on his cases often, to the Wall Street Journal (wsn about his decision to give the company a free hand to destroy the lives of these miners and their families, it makes you wonder if he actually understands the gravity of the decisions he makes.

According to the WSJ, Jones stated, “The decision itself was not hard for me. The impact of what my decision does is what’s hard for me.” The Union would argue that if this is a plea for compassion because of the impossible position the Judge thinks he finds himself in, he might want to consider placing himself in the shoes of the people whose lives have been shattered by his decision. The idea that the decision was an easy one for him cannot be squared with his patronizing plea for sympathy. The UMWA believes it would have been better for him to say nothing than try to absolve himself of his actions.

“Unfortunately, the UMWA has been here before in these bankruptcy situations. But we must admit the idea that Tom Clarke may purchase some assets of bankrupt Westmoreland Coal while dragging his own company, Mission Coal, into bankruptcy is really a new twist. We need to move forward and protect the retirees and active workers who are impacted by the bankruptcy process,” said Secretary-Treasurer Allen. “Once again, it is time to follow the lead of President Roberts, rely on the dedication of the Members and make sure the promise made to miners in 1946 by President Truman is upheld.”

Disaster at the No. 26 Colliery in Glace Bay

On February 24, 1979, fifteen Members of UMWA Local Union 4520 and a production foreman entered Cape Breton Development Corporation’s (DEVCO) Colliery No. 26 in Glace Bay, Nova Scotia, Canada to begin their shift. The sixteen men, working the 11:00 p.m. to 7:00 a.m. – midnight shift – descended into the mine and made their way five and a half miles to the No. 12 Southern Section of the mine. Referred to as the “Big Producer” by miners, the No. 26 Colliery was the leading coal producer in the area for many years and the No. 12 Southern Section, with its massive longwall, was key in establishing that reputation.

The Section was also unique because it was located nearly 2,500 feet below the floor of the Atlantic Ocean. Work in the area appears to have progressed normally through the first five hours of the shift. Then at approximately 4:10 a.m., a miner on the surface felt what appeared to be the concussion of an explosion in the mine. He immediately notified mine management and by 4:50 a.m., rescuers were arriving on the No. 12 Southern Section of the mine. Shortly thereafter, two doctors and a local priest entered the mine and were taken to the section.

Rescue and Recovery

Despite the conditions the rescuers encountered as they entered the explosion area, they immediately began searching for members of the midnight shift crew. In short order, the sixteen miners were all located in the general area of the longwall section. Ten of the miners were killed almost immediately, succumbing to the effects of the explosion and noxious gases that filled the section after the blast. Six members of the crew, though seriously injured, were found alive. Two would later pass from their injuries while in the hospital.

The rescuers took immediate steps to secure the area and prepare the injured for transportation out of the mine. By 7:00 a.m., the six injured miners were on the surface and loaded into waiting ambulances for the short ride to Glace Bay Community Hospital. The initial plan was to stabilize the injured miners in Glace Bay and then fly them by helicopter to Victoria General Hospital in Halifax. However, freezing rain and fog grounded air travel. These conditions forced the miners to be transported five hours overland by ambulance to Halifax.

During this time, the rescue attempt at the No. 26 Colliery had transformed into a recovery effort. The bodies of the ten miners killed in the blast were carefully retrieved by the rescue team and loaded onto mantrips for transportation to the surface. By 12:00 p.m. on Saturday, February 24, 1979, all of the bodies had been removed from the mine and the official investigation into the worst mining disaster in Glace Bay, Canada since 1917 began.

Investigating the Explosion

The official report of the Commission of Inquiry: Explosion in the No. 26 Colliery, Glace Bay, Nova Scotia, February 24, 1979, determined the explosion was likely caused by” … sparking produced by the action of the shearers steel pick. . .into a high ignition type of quarzitic sandstone. These sparks ignited a pocket of methane released from the coal during mining. The ensuing explosion was magnified when it ignited loose coal dust in the mine.” Despite the determination by the Commission of Inquiry (Commission) that the explosion involved float coal dust and over the objection of the miners that ventilation was inadequate and rock dusting was not sufficiently applied to the mine surfaces, the company was not held liable.

In fact, the Commission specifically noted that, “Overall safety precautions were lax, allowing the explosion to occur, however, Devco was not solely responsible for this.” This determination made it possible for the Company to successfully defend itself against accusations of any wrongdoing.

“The explosion at the No. 26 Colliery was a tragedy, the likes of which Glace Bay had not experienced in over 70 years;’ said Secretary-Treasurer Allen. “It was, like mine disasters before it, an event that could have been prevented. Proper ventilation and adequate rock dust would have eliminated the ignition sources that permitted this explosion to occur, but like almost every other mine disaster we have seen, management’s first priority was production over safety. Then to have an official government body acknowledge these problems while absolving the company of responsibility, added to the grief and pain of those left behind. The fact that 40 years has passed does not lessen that heartache.”

Day of Mourning Called for Memorial Service

Wednesday, February 28, 2019, Ash Wednesday was declared a day of mourning for the Glace Bay area. The town was virtually shut down. Businesses and schools were closed and the local Glace Bay Miners’ Forum, an aging ice rink in the middle of town, was designated as the location for a memorial service.

The Forum built in 1939 saw 9,000 mourners pack into the arena that was designed to hold slightly over4,000 people. The service was the largest ever to be held at the facility and coincided with the funeral earlier that day of the last of the ten miners who perished in the mine on February 24, 1979.

Alabama Miners Rally then March on Federal Courthouse

Miners and Families Rally at Historic Park

On February 20, 2019, UMWA Members from across Alabama began arriving at Kelly Ingram Park in Birmingham, Alabama. The Park was named for Osmond Kelly Ingram, a local firefighter, who was the first U.S. sailor to be killed in World War I. He was posthumously awarded the Congressional Medal of Honor for his valor. Located just across the street from the historic Sixteenth Street Baptist Church, where four young African American girls were killed by a bomber.
The Park later became a staging ground for large scale demonstrations, mostly by high school students and children, during the Civil Rights Marches of the 1960’s. In May of 1963, Public Safety Commissioner, Eugene “Bull” Connor, an ardent racist, confronted the young demonstrators, threatening mass arrests, before ordering police officers and firefighters to attack the crowd with police dogs and firehoses. The demonstrations in Birmingham forced the city to end public segregation and helped to ensure the passage of the Civil Rights Act of 1964.

 

Coming to Ingram Park was Necessary

“The decision to conduct the rally and stage the Union’s march to the federal courthouse at Ingram Park was not an accident. This location has significant meaning, both in the history of the Civil Rights Movement and in the struggles we face today. Let there be no mistake about it, we as a Nation, are not where we need to be with regard to treating all of our citizens, no matter their religion, race or ethnic background, equally. It is with this in mind that we came to Kelly Ingram Park to demonstrate against the abuse of workers by their employers and the courts. As we walked in the footsteps of those brave souls that came before us, we recognize that together we will overcome the inequity, bitterness and hate that must be finally stricken from all aspects of our society.”
Cecil E. Roberts

 

The Crowd Begins to Gather

Shortly before 6:30 a.m., UMWA Members, along with their families and supporters, began to fill in the grassy area in front of the stage at the Park. The Union called a Memorial Day at all UMWA operations in District 20 so active Members could attend the events. By 7:00 a.m., over 1,000 people, holding signs, protesting the expected ruling by the bankruptcy court allowing Mission Coal Company to dump its obligations to retirees and tear up the Collective Bargaining Agreement with the Union, filled the area in front of the stage.

“I am sure each of you have other places you would rather be, even on a chilly rainy day, then here in downtown Birmingham said International District 20 Vice President Larry Spencer. “It is truly gratifying to see so many of you understand the importance of coming here to show your solidarity and dedication to one another. Standing together, we will be able to overcome whatever rulings the Judge in the bankruptcy court, just down the street, makes today. Looking out at this crowd, I see young miners and retirees from every UMWA Local Union in Alabama here today.

More importantly, I see a group of Union Members prepared to do whatever it takes to secure the benefits the pensioners have earned and protect the lives and income of active Members. I am grateful to represent such a diverse and selfless group of Union Members. Together we will defeat those who seek to turn their backs on working people and we will preserve our way of life. God Bless you and God Bless the UMWA.”

 

From the Rally to the March

Despite drizzling rain and winds that made the 40-degree temperatures feel much cooler, the Members stood shoulder to shoulder to salute the flag and then stood silently to honor their departed Sisters and Brothers. The crowd remained respectful, but the undercurrent of uneasiness about the decisions that would be made in the federal courthouse later that day was apparent. The gathering was well aware that the bankruptcy Judge would give the company everything it was asking for. They were just as certain that the fight for justice rested with them and they were unwavering in their determination to “Keep the Promise.”

“Brothers and Sisters, your presence here today reaffirms the words of John L. Lewis, you are the shock troops of the American Labor Movement,” stated Secretary-Treasurer Allen. “I don’t know that we have ever faced so many obstacles in our Union. Most other organizations would have thrown up their hands and decided the odds were too great and the battle was lost, but never the Members of the UMWA. We may have become far too familiar with “justice” as it is dispensed in U. S. bankruptcy court, but we have never been afraid to stand up to the law when the law will not stand up for us. Cecil E. Roberts is one of my heroes, because he stands resolute behind the idea that when the Halls of Congress, the statehouses and the courthouses fail to deliver justice, we will seek justice in the streets.

The UMWA will prevail in its struggle for fairness and dignity because of your determination, and your desire to protect each other.”

Standing behind the UMWA Krug-Lewis banner, along with three International Vice Presidents; Larry Spencer, District 20; Gary Trout, District 17 and Don Barnett, At-Large International Vice President, Secretary Treasurer Allen led the march out of Ingram Park and onto 5th Street. As the camo clad miners marched through downtown Birmingham headed for the courthouse, the procession filled the entire blocks between 16th and 18th Streets. The march ended at the front steps of the United States Bankruptcy Court for the Northern District of Alabama just before the building was opened to the public. Chants of “WE ARE UNION” and “U.M.W.A.” echoed up 5th Street.

The crowd lined the sidewalk in front of the courthouse on 5th Street and stretched around the corner up 18th Street waiting for the courthouse to open.

At 8:00 a.m., the doors to the bankruptcy court opened, and Secretary-Treasurer Allen, along with miners and their families, began passing through the metal detectors, leading to the hearing and overflow rooms to listen to the proceedings. Late in the afternoon, Judge Tamara 0. Mitchell issued her decision to relieve Mission Coal of all its obligations to UMWA Members and their families. Not an unexpected ruling, but painful nonetheless.

Since the Judge’s ruling, several bids have been placed before the court to purchase Mission Coal’s operations. At the time the Journal went to print, the court announced that Murray Energy was the successful bidder to purchase the company’s assets. The UMWA will begin negotiations for a Collective Bargaining Agreement as soon as the court makes a determination.

Black Lung Cases Skyrocket

According to a report published in the September 2018, edition of the American Journal of Public Health, the National Institute for Occupational Safety and Health (NIOSH or Agency), one in every ten coal miners who have worked for at least 25 years in the industry has been identified as suffering from Pneumoconiosis or Black Lung disease. The situation in West Virginia, Kentucky and Virginia is much worse. NIOSH data has determined that one in five miners with two and a half decades mining experience in central Appalachia have contracted some level of the disease. The Agency also noted that the number of miners diagnosed with progressive massive fibrosis (PMF), the most severe form of the disease, will likely increase at the same rate in the coming years.

“The situation facing miners diagnosed with Black Lung disease has always been bleak,” stated President Roberts. “The fact is, there is no cure for Black Lung, so a miner diagnosed with the disease will see their health continue to slowly deteriorate until they can no longer walk across a room or lay flat in their bed. Eventually, they will die a cruel and hideous death by suffocation. It is becoming more and more apparent that despite all the progress we thought was made to control dust levels in the mines since the Coal Act was passed in 1969, the disease has not been eradicated. In fact, these studies show the disease is worse than ever before. Without aggressive and impartial enforcement, the scourge of Black Lung is destined to continue.” Roberts continued, “It is not a coincidence that the vast majority of these new cases of the disease have been diagnosed in miners working at non-Union operations across the country. The United Mine Workers of America has been fighting for the health and safety of mine workers for more than 129 years and we are certain our presence at these operations would dramatically reduce the occurrence of the disease. It is clear that with the number of new cases of Black Lung being diagnosed reaching historic levels, action must be taken to determine the root causes of this epidemic and correct this public health crisis. The UMWA is ready to fill that void and help reverse this horrific trend.”

Today, Black Lung rates in the United States are higher than the ones that forced Congress to pass the Coal Mine Safety and Health Act of 1969, that set maximum dust levels permitted in the Nation’s mines. To put this health crisis in perspective, the number of cases of Black Lung diagnosed through 2016 in West Virginia and Kentucky have increased over 16 percent compared to 1970. In Virginia, the same year comparison shows an increase of over 31 percent. Doctors from the National Institute for Occupational Safety and Health have described the incidence rates as nothing short of an epidemic.

 

Black Lung Disability Trust Fund Recipients Face Uncertain Future

December 18, 2018, was a significant day in the lives of coal miners who are already afflicted by Black Lung and current miners who may contract the disease. The date, which many miners may be unaware of, was actually established by Congress in 1981 as the day the excise tax placed on every ton of coal produced in the United States would be reduced by 55 percent. This tax is used by the federal government to provide the revenue necessary to operate the federal Black Lung Disability Trust Fund (Trust or Fund). Congress set this arbitrary deadline in 1985 believing that Black Lung would be eradicated before the coal excise tax expired in 2018. Prior to the expiration of the Coal Excise Tax, operators paid $1.10 on coal produced underground and $.55 on surface coal.

According to the Congressional Budget Office (CBO), had the Tax been extended, the Trust Fund’s current $6 billion debt would have been reduced to $4.5 billion by 2050. An increase of $.25 per ton of coal would have eliminated the debt altogether. The CBO has determined that allowing the tax to expire, as Congress did in December, will allow the debt to explode and require a multimillion-dollar taxpayer bailout to prop up the Trust Fund.

“No matter how far we seem to come in this Country, whether it is advances in science, technology, medicine or a host of other subjects, some things never seem to change,” said Secretary-Treasurer Allen. “I suppose many industries deny the problems they cause, but the people who own and operate coal mines seem to be the worst. They all argue that they should be allowed to make as much money as possible on their investment without government interference. Then when their actions cause major economic or health problems, they want the government to force taxpayers to bail them out. That is exactly what happened in the aftermath of the recession of2008 and that is what coal operators are asking for now. They want to keep their profits private but socialize their losses. It is time for Congress to tell these businesses they are responsible to pay, not the American taxpayer.”

 

With a Crisis on the Horizon, Kentucky Punishes Workers

On March 30, 2018, Kentucky’s Republican Governor signed House Bill-2 which was passed earlier in the year by the Republican controlled Legislature. The bill stops workers’ compensation payments, including Black Lung benefits, after 15 years from the time the sick or injured worker begins receiving compensation. But after learning about the alarming increase in the occurrences of Black Lung disease among current and much younger miners, the Legislature used HB-2 to further protect the industry. In response to industry lobbying, they barred radiologists and physicians who are certified B-readers from reading and making determinations on miners’ chest x-rays. Breaders are physicians certified by the National Institute for Occupational Safety and Health as demonstrating proficiency in classifying x-rays for pneumoconiosis. As a result of the new law, there are only four doctors in the state certified to read miners’ chest x-rays and determine if miners have Black Lung – three of these physicians are coal industry consultants.

“The inaction by the United States Congress and the action by the state of Kentucky is absolutely unbelievable,” stated President Roberts. “It is a failure of courage for Congress to refuse to take the action necessary to help sustain the Federal Black Lung Disability Trust Fund by changing a date set over three decades ago. As for the Kentucky Legislature, it is obvious that they have determined who they are beholden to, and it is not the workers or voters of the state. It is impossible to look at these two decisions and not see that some of our elected representatives have clearly chosen sides in this matter. Unfortunately, they have chosen to stand with their wealthy donors and cast sick and injured workers aside. I don’t know how they can look at themselves in the mirror or sleep at night. They must be held accountable for the human suffering they are causing. This is unconscionable.”

Senator Joe Manchin (D-WV) has introduced Senate Bill 27 that would restore funding to 2018 levels.

UMW January/February Journal – An Interview with President Roberts

“Before we get started with our discussion, I would like to note that December 22, 2018, marked the start of a new term for the Line Officers, members of the International Executive Board (IEB) and District Representatives of the United Mine Workers of America. Many of the members of the IEB were re-elected to a five-year term and a few others were elected for the first time. I  am pleased to say every member of the International Executive Board ran for office as part of the Roberts – Allen Slate. It is extremely gratifying for me and the members of the Executive Board to have received the overwhelming support of the members of the Union. I am extremely humbled by your faith and dedication to the United Mine Workers of America. Secretary-Treasurer Allen and I, along with the entire Executive Board, will do all we can to continue to earn your trust and support.”

 

Journal: Are you optimistic about the challenges facing the Union in the coming year?

President Roberts: Certainly! Anyone who has been a Member of the United Mine Workers of America for any length of time and understands our history should feel confident about the Union’s ability to meet the challenges ahead. The bottom line is that the UMWA has always faced adversity head-on. It has never mattered how large the obstacle or how many say the problems cannot be solved, the UMWA never stops fighting and it never backs down. The challenges we face as a Union and as workers are significant and the solutions may not come easy, but there is no doubt in my mind we will be successful.

 

Journal: You are extremely confident. How do you maintain that outlook?

President Roberts: There are many reasons I remain certain we will prevail in our struggles. First, I am fortunate to work side-by-side with Secretary-Treasurer Allen and members of the International Executive Board whose sole purpose is  to protect and enhance the lives of UMWA Members and their families and lift up all working women and men across this Nation. The Union’s accomplishments over the years have been the direct result of the actions of the IEB and the support of the Membership. The victory at Pittston and the ‘93 nationwide strike helped set the stage for the Union to negotiate every successor agreement to the 1993 National Bituminous Wage Agreement without a strike. The Union’s effort to protect and preserve retiree health care, from the passage of the 1992 Coal Act through the signing of the House Resolution 244, the Consolidated Appropriations Act of 2017, which guaranteed the health care of 22,600 UMWA Members and their families, is unprecedented. We also need to remember that in 2006 the Union successfully opened the 1977 federal Mine Safety and Health Act to add additional protections for active miners. We have been in lockstep in our decisions to build on the Union’s past successes, secure the retirement our Members have earned and ensure the Union’s future for generations to come. However, the most important reason that I am convinced the UMWA’s future is bright is because of the Membership. They have been so supportive of the decisions we have made to deal with the problems facing the Union. But it is so much more than that. The resolve and solidarity of the Membership has been on display in every struggle. Since the first demonstrations against Peabody, Arch and Patriot, they have rallied, lobbied and been arrested to protect what they have earned. That commitment continues to move the Union forward today. They have always answered the call to engage in the fight. They board the buses and drive halfway across the Country to attend rallies. They continuously travel to Washington, DC to lobby Congress, and when they aren’t in D.C, they visit Congressional field offices in their state. They are everywhere they are needed, any time they are needed. The Membership of the UMWA and their families are the greatest Union Members in the greatest Union in the world. They are the reason we will win the battles ahead, and I am so proud to be President of the shock troops of the American Labor Movement.

 

Journal: The pension problem facing millions of American workers is reaching a crisis point. What is the UMWA’s plan for the coming year?

President Roberts: The Union’s approach will remain the same, tactics may be adjusted from time-to-time as particular situations arise, but the overall strategy has never changed. The UMWA negotiated an agreement with the President of the United States in 1946 that promised miners pensions and health care for life. We intend to continue to fight on many fronts until Congress fulfills its commitment to these miners. Miners and their families have fulfilled their obligation to this Country and now the Country must “Keep the Promise.” We are not asking for anything the Membership did not already earn. I do want to point out that the effort to secure these pensions has been continuous since this process started. We all know that the Joint Select Committee on the Solvency of Multi-Employer Pension Plans (Committee) formed by Congress in February of 2018 was supposed to find a solution to the problem and propose a legislative fix in November of last year. We also know that did not happen. But the Union did not stop applying pressure in the weeks and months following the Committee’s failure. UMWA Members arrived on Capitol Hill and in Congressional field offices the following week to push Members of the Committee to continue working on a solution and to lobby other members of Congress to support a legislative fix to the problem. So, the Union’s efforts to preserve the pensions of current and future retirees and their families continues uninterrupted. The International Executive Board has adopted a plan and provided the resources to carry that plan forward. The members, as is always the case, have been doing everything possible to push Congress to deal with the problem and secure the pension miners and their families have earned. I will be traveling to the coalfields soon to meet with the membership and discuss our future plans.

 

Journal: You mentioned the Joint Committee. What role does it play in finding a solution since it missed the November 30, 2018 deadline?

President Roberts: Well, I should start by saying some of the leaders in Congress did their best to try and create a Committee  that was knowledgeable about the situation and find a solution. For others, I can’t be too sure what their motivation was. It is also difficult to understand how Senators and members of the House of Representatives from key coalfield states were not part of the Committee process. The make-up of the Committee was one obstacle we must acknowledge, but there are others. I would suggest that the field hearing conducted by the Committee in Columbus, Ohio was very telling, and by the way, it was the only field hearing the Committee held. On the day of the hearing, only one Republican member of the Committee even showed up in Columbus to participate in the proceeding. Further, no Republican spoke to the thousands of members of the UMWA, Teamsters, Bakery Workers or other Union members who held rallies at the Ohio Statehouse during the hearing. That, I think, says a lot about the commitment of some Committee members to the process. Finally, the undemocratic mandate for voting on possible legislation to present to the U.S. Senate was not helpful. I believe if a simple majority of lawmakers sitting on the Committee was all that was required to move the legislation forward, there may have been a chance to reach a solution. That is the way the democratic process normally works, but not in this case. The rules for the 16-member Committee were different. With the Committee evenly divided between Democrats and Republicans, the rules required 5 members from each party to vote yes to move any legislation to the Senate floor for a vote. That is a pretty tall order if you think about it. In reality, you could have 12 members agreeing on a solution, but if only four of them are from one party or the other, the process fails. That makes no sense. Without dwelling too much on this matter, let me just say this; there are some members of the Committee who are still trying very hard to find a solution to the pension crisis, and I give them credit for their efforts. However, as I said from the time the Committee members were named, the UMWA had very little faith in its ability to actually fix the problem. So, it is time to move forward and continue to work with our friends in Congress until we succeed in preserving our pensions. It is not if we will win, it is when we will win.

 

Journal: Since October of 2018, two more coal operators have filed for bankruptcy. How is the Union planning to deal with the situation?

President Roberts: Pretty much the same way we have dealt with the rash of coal company bankruptcies we have been involved  with since Patriot first filed in 2012. Unfortunately, UMWA Members have become all too familiar with the bankruptcy process in the past several years. Mission and Westmoreland Coal are simply the latest to utilize the roadmap laid out by Patriot to get the company executives big bonuses while they destroy the lives of the men and women who worked for years to make the company millions of dollars. I have got to believe there is nowhere else in the world, except a third world country, where a company can get away with doing this to workers. Just think about how the bankruptcy laws in the United States really work. An owner or operator of a company in this Country makes certain commitments and obligations to hard working employees for their lifetime of service, then they run the company into the ground. They go to court and tell the judge the company is broke and ask if they can dump their obligations to the workers, then ask for a bonus for themselves and their friends to continue to live the lifestyle they are accustomed to while they go through the bankruptcy process. These laws are so unjust, it is hard to believe we are in America. In the end, the Union will be deeply involved in the court process, filing legal briefs and paperwork necessary to stake our position and protect the Members and families adversely affected by the actions of these two companies. Members of the Union are already involved in actions at the various mine sites and corporate offices. They have written letters to the Judges in the cases and we will use whatever leverage and tactics necessary to preserve the benefits these miners and their families have earned. I believe we have made it clear over the years that the coal operators and the courts can take the actions they feel necessary, but none of this will be over until the Union says it is. As I stated previously, we are all too familiar with the bankruptcy process and how it destroys the lives of working people. However, it must be pointed out that no UMWA retiree or family member has lost their health care or pension, and no active worker has been replaced, since the first coal company bankruptcy was filed in 2012.

 

Journal: What other issues will the Union be dealing with this year?

President Roberts: The Union has several other objectives we must meet in 2019. The 2016 National Bituminous Coal Wage Agreement could be reopened by either side and “operate to increase or decrease wages” in the contract. Certainly, we will be assessing that possibility and working with the membership to determine the best action to take. I plan to meet with all the Local Union officers from Murray operations to discuss the reopener in the near future. There are other contracts that the Union has been working to complete in the past several months. The bus drivers at Denver International Airport are in the middle of some difficult negotiations. The Members of Local Union 8431 transport the airport staff from the various parking facilities to the terminals where they work. We will continue talks between the Union and the company until we reach an agreement. There are also ongoing talks about the collective agreements on the Navajo Nation. Some of the previous contracts with the Navajo government have expired so we need to work with the officials from the Navajo Nation to reach new agreements. The recent election on the Nation brought new leadership to the reservation and that brings new ideas and sometimes differences that were not present in the past. We are working through those issues and hope to have an agreement soon. The Union continues to be deeply engaged in the efforts to build a new prison in Fayette County, Pennsylvania. We are confident that is finally going to happen, thanks to the dedicated efforts of the Members and elected official in District 2 and Region I. The current facility was built over 100 years ago and is no longer a safe place to house prisoners or for the members of Local Union 9113 to work. This has been an ongoing struggle for the Union and the County, however, we are very optimistic a new prison will be built.

**Since the Journal’s publication, Local Union 8431 was able to successfully negotiate a contract.**

 

Journal: This appears to be shaping up as another busy year for the UMWA and the membership.

President Roberts: I think that is pretty much the case every year. The fact is, we must not only continue to pursue the long term issues we have been dealing with like pensions and health care, but the Union must address the matters that are coming up this year. This is nothing new. In fact, it would be shocking if we were not dealing with dozens of issues all at once. It is important to remember that all of these issues will be managed in the most efficient and effective way possible. The Officers and staff are well prepared for the challenges ahead. Finally, I think we also need to look at the current political climate in this country. More and more politicians and people either talk past one another, or worse yet, simply want to yell at each other. This inability of politicians to work together has a very detrimental impact on all working people. As we sit here and discuss the Union’s 2019 agenda, there are over 800,000 federal workers who were willing to work, but were either laidoff or were working and not getting paid. Shutting down nearly onequarter of the federal government is really ridiculous. It demonstrates how dysfunctional our political system has become. To have a budget impasse that holds hundreds of thousands of workers hostage is unacceptable. For our part, the UMWA assisted the Union’s that represent these workers by pressuring elected officials to pass measures to reopen the government and by attending rallies to support these workers. The International Executive Board unanimously adopted a resolution in support of our Union Brothers and Sisters who work for the government.

 

Journal: Is there anything else you would like to say as we conclude this interview?

President Roberts: There are many challenges facing the Union that we are all fully aware of at this time. There will also be issues that arise during the year that we will need to respond to and deal with. That is simply the way things work. However, no matter what we encounter there is no doubt in my mind the Members of this Union, their families and our supporters will meet those challenges. We will persevere because of the dedication and hard work of the Members of the United Mine Workers of America. I am planning to hold coalfield conferences during the first half of 2019 to discuss the pension issue and other pressing matters. In conclusion, let me say that we all know the UMWA has a very rich history. While we do not seek to dwell on the past, it is important to remember those events that shaped the values and chartered the course of our great Union. In 2019, we will mark the 35th Anniversary of the Wilberg Disaster that claimed the lives of 27 miners. We will also celebrate the 30th Anniversary of the Pittston strike. A strike that lasted 10 ½ months and resulted in the greatest labor victory in nearly half a century. Finally, on May 19, 2019, we will commemorate the 99th Anniversary of the Matewan Massacre. The gun battle that ensued after Baldwin-Felts thugs evicted striking miners from their homes resulted in the death of two miners, seven thugs and the town’s mayor Cabell Testerman.

Boat Captain Richard Palmer draws on his experience to Save Lives

Captain Richard Palmer, a Member of Local Union 1473 in sub 6 District 31, has been maneuvering the waters of the Ohio River since he was nine-years-old when his father, Captain Richard “Dick” Palmer, captained a ferry boat down the Ohio River, between Dilles Bottom, Ohio and Moundsville, West Virginia.

Brother Palmer, a Navy Veteran who has received awards in battle efficiency, humanitarianism and good conduct during his service, is Captain of the Donna Lee, a tugboat owned by the Ohio County Coal Company. It was on the Donna Lee that Palmer was able to prevent a catastrophic collision between barges which were uncontrollably moving toward the dock where Members of Local Union 1473 were working. High waters had caused several barges to break loose and sail directly toward the men working on the coal dock the night of January 13, 2018. His quick action and experience is credited with saving several lives during the event.

“What I saw was nothing less than miraculous,” L.U. 1473 Vice President George Starkey said. “Captain Palmer maneuvered the Donna Lee to keep not only himself safe, but his deck hand and others as well. It was automatic. He saw the problem and immediately reacted. He never hesitated. He took action and saved lives.”

“The main priority for me was to prevent anyone from getting hurt and to save the dock,” Captain Palmer said. “I can’t and won’t take all the credit for what happened. I thank God, my Dad and the Donna Lee that I am still alive and that I have a job that gives me the chance to do what I love.”

“Brother Palmer has been a member of the UMWA since 2009. He is a very skilled river boat captain and a strong supporter of the Union. He risked himself and his boat in order to save the lives of his fellow Brothers and Sisters,” said President Cecil Roberts. “This is commendable and something we should recognize. Watching out for one another is what being a part of a Union is all about. It is about unity and solidarity. He was willing to sacrifice his own personal safety to protect his fellow Union Brothers and Sisters.”

“I am proud to say that Brother Palmer is one of our Members. He loves his job, loves his Union and loves his Brothers and Sisters,” International District 31 Vice President Mike Caputo said. “He has demonstrated his skills as a Captain and his dedication as a Union man.”

Captain Palmer received his Masters Licensure in 1987 and has captained various haul boats for more than thirty years. He started at the Ohio County Coal Company in 2009 and has been the pilot of the Donna Lee ever since.

The Real Story about Miners, Black Lung and the Life and Death Struggle for Benefits

Recent studies show that the occurrence of Pneumoconiosis, or Black Lung disease, among coal miners across the Nation has skyrocketed beyond anything ever seen before in the industry. Younger, less experienced miners are contracting the disease at an earlier age, subjecting them to a shortened and debilitating existence until they ultimately succumb to the ravages of the illness.

As Miners are Contracting Black Lung at Historic Rates Mine Operators and the Government Act Surprised

Data from Black Lung Clinics across Appalachia, reported by National Public Radio (NPR) and studies by the National Institute for Occupational Safety and Health (NIOSH) have all come to the same conclusion. The occurrence of Pneumoconiosis and Complicated Massive Pulmonary Fibrosis is being diagnosed in unprecedented numbers across the region. Perhaps even more alarming, is that many of the individuals contracting the disease are younger miners with less than 20 years of mining experience. The information obtained from eleven Black Lung Clinics in Pennsylvania, West Virginia, Virginia and Ohio discovered 962 cases of the disease from 2010 to 2015. This is nearly ten times the number of cases reported by NIOSH during those five years. NPR also stressed that the frequency rate could be even higher because some clinics had incomplete records and other clinics refused to provide information. “The government can claim they are doing all they can to reduce miners’ exposure to coal mine dust and operators can argue the industry isn’t at fault, but there is clearly a problem here,” stated President Roberts. “There is only one way miners get Black Lung disease. They are breathing air that contains excessive amounts of respirable coal dust. Having stated the obvious, it becomes clear that the law is not being properly enforced or mine operators are not following mandatory health and safety standards or both. There is no other explanation. When enforcement does not exist and operators are permitted to police themselves, miners die. This is not hype and it is not overreaction, I am simply stating the facts. Now, we need to stop talking about how we got here or why we are here and find the solution. Miners are dying.”

Ignoring History does have Consequences

The history of Black Lung disease, like many industrial illnesses workers have faced throughout their careers, is rooted in the mischaracterization, denials and lies of the powerful corporate barons who own and operate the mines, mills and factories. For victims of Pneumoconiosis, the story started with the denials that
the disease even existed. For over one hundred years, as miners died from their exposure to coal mine dust, the operator refused to acknowledge the problem. When it became apparent to the public that miners were suffering from abnormally high numbers of chronic lung conditions, mine operators attempted to extoll the virtues of the symptoms, claiming that the choking and coughing would actually clear the miners’ lungs and keep them healthy. Company doctors, hired and paid for by the operators, even claimed it was healthy for miners to breath coal dust. Finally, when there was no recourse but to accept the medical reality that miners were dying because of the dusty environment they were forced to work in, mine operators laid the blame at the feet of the miners. In the eyes of the coal barons, the miners who are slowly suffocating from this insidious disease are lying about their condition to collect benefits they do not deserve. In a shameful twist, the coal operators have put all their energy into playing the victim. They have spent almost 200 years blaming everyone else for the conditions that miners suffer. The resurgence of the disease in recent years has not changed the operators or their trade associations’ misinformation campaign.

From Mine Operators to the NMA, it’s the Miners Fault or Miners are Liars

The most recent tact by mine operators and the National Mining Association (NMA) ring ominously familiar to the past. The latest iteration of the miners’ lung problems is a rare and debilitating disease known as Idiopathic Pulmonary Fibrosis (IPF). Despite the fact that the cause of IPF is unknown and that it effects people over the age of 55 almost exclusively, it is the latest attempt by the industry to distance itself from exposing miners to excessive coal dust. The fact that almost every one of the estimated 42,000 individuals who will be diagnosed with IPF this year will be over the age of 65 and have no connection to coal mining does not stop the industry propaganda machine. The industry also relies on the decades-old idea that smoking is the culprit. But according to Dr. David Blackley, head of Respiratory Disease Studies at the National Institute for Occupational Safety and Health, [Black Lung] is “…an incurable disease caused by inhalation of coal dust…it is not caused by smoking” and “…is easy to distinguish with x-rays.” However, industry apologists still use the old familiar tactics despite medical evidence to the contrary. Bruce Watzman, head of Regulatory Affairs for the NMA, reiterated the tired old lie about the disease. He noted that based on, “… discussions with those who administer this program for [coal] companies… more often than not, we are called to provide compensation for previous or current smokers.” “Miners have been mining coal to power this Country for more than 200 years, which is just as long as mine operators have been lying about Black Lung disease,” said Secretary-Treasurer Allen. “No matter what the circumstance; inadequate ventilation, excessive dust, a mine explosion or in this case miners suffering from Black Lung disease, mine operators never accept any responsibility for their actions. The excuses never seem to end. More than 100,000 miners have been killed in this industry and over 100,000 more have suffocated to death from Pneumoconiosis, but I have never met a coal operator who has offered anything but excuses and used tainted evidence by company paid physicians to place blame elsewhere. The stories never change; a miner dies in an accident or succumbs to black lung, the coal operator blames the miner or claims it was an act of God and forgets the miner ever lived, let alone worked for the company. It’s a sad situation that just keeps playing over and over.”

You can find the remainder of this story in your copy of the July/August UMW Journal. 

To subscribe  to the UMW Journal call the Journal Department at 703-291-2405.

UMWA Secures Jobs for Grande Cache Miners

UMWA Members and residents of Grande Cache, Alberta, Canada are starting to see a light at the end of a long three-year tunnel. The Grande Cache Mine closed its doors two days before Christmas in 2015, throwing hundreds of miners out of work and devastating the community. The mine was recently sold to CTS Global, a subsidiary of the Chinese-based company, Sonic Global. Multiple news sources have reported the sale of the mine for $1 billion.

The re-opening of the mine, one of the major employers for the Grand Cache residents, has raised hopes in the small town in Alberta that was hit hard after more than 500 miners were laid off. “Not only did people lose their homes, but shops, stores, and even doctors’ offices had to close down as well,” Region IV Director Bob Butero said. “There was just not enough money coming into the community to support the businesses that depended on the wages UMWA Members made at the mine.”

The economic hardship caused by the job losses forced the town, which had approximately 5,000 residents prior to the mine closing, to watch its population drop to about 3,500. “When the mine shut down, it hit the town of Grande Cache really hard and forced many miners to move away in search of work,” said International Auditor/Teller Jody Dukart. “That is why we worked so hard to make sure that if the mine reopened, it would be UMWA Members who previously worked there who would get their jobs back. We are encouraged by what we have seen from the company so far and are hopeful for the future of Grande Cache. The reopening of the mine means jobs for the people of this town. Hopefully, it will allow the other businesses in town to recover as well.”

 

The UMWA stayed on top of the Issues

“The UMWA has represented the miners at Grande Cache since August 31, 2009, and fought to make sure every member got the best representation possible. The Union successfully negotiated collective bargaining agreements with the company without any major incidents, but when met coal prices collapsed in 2015, the mine operator could not pay off the debt it acquired when it bought the company, so the mine was eventually forced to shut down,” Secretary-Treasurer Allen said.

“When it became apparent that the mine would close, the Union successfully negotiated a rollover agreement with the operator prior to the mine’s closure. The agreement ensured that if and when Grande Cache Coal restarted the operation, UMWA members would be recalled to work under a contract that the Membership agreed upon.”

 

UMWA Members Faced Bankruptcy Again

Unfortunately, Grande Cache was forced into bankruptcy last year when its Chinese financial backer defaulted on debts of approximately $500 million. During the bankruptcy hearings, the Judge placed all of the assets of Grande Cache Coal up for sale to the highest bidder. The court’s decision meant the assets could be sold off as a single entity or piece-by-piece.

“Just like every other bankruptcy the Union has been involved with, when Grande Cache Coal filed for bankruptcy the courts terminated the UMWA contract. It was the hard work and dedication of the Union that convinced the new company, CTS Global, to agree to honor the rollover agreement that was in effect before Grande Cache Coal filed bankruptcy,” said President Roberts. “UMWA International Representative Gary Taje and International Auditor/Teller Jody Dukart worked tirelessly to maintain a good relationship with everyone involved in the sale of the mine, and it was because of their commitment that the Members will continue to be represented by the UMWA.”

 

UMWA Members began to Return to Work in June

With the agreement between the Union and CTS Global in place and the final sale of the mine approved by the Calgary Court, plans to restart the operation of the mine were set in motion. Mining operations were set to begin in June with approximately 15 UMWA Members performing maintenance and prep work. By the end of the month, plans are to employ two production shifts at the surface mine. Starting in 2019, the mine operator plans to ramp up operations at the surface facility to four production shifts. Should the market remain stable, there is hope of opening the underground mine in the next few years.

The mine produces high-quality metallurgical coal, which is high in carbon and low in Sulphur and is a major component in steel production. The mine will initially sell its coal through a trading company that will supply Chinese, Korean, and Japanese customers. “The UMWA stayed engaged in the process from the time the mine shut down. It successfully negotiated an agreement with CTS Global even before the sale was approved by the Calgary Court,” President Roberts said. “We have an amazing staff in Canada. They are so dedicated and hard-working. They are key to the UMWA’s success and deserve all the credit for making sure the jobs at the mine remained Union jobs.