Journal Archive - Page 8 of 9 - United Mine Workers of America

U.S. Department of Labor’s new Black Lung Medical Payments Proposed Rule

Does it Reduce Costs or Eliminate Benefits?

The Office of Workers’ Compensation Programs (Agency) in the U.S. Department of Labor issued a notice of Proposed Rulemaking and request for comments on January 4, 2017. The proposal deals specifically with the Black Lung Benefits Act (BLBA): Medical Benefit Payments from the Black Lung Trust Fund to every category of medical provider including hospitals, doctors and clinics.

The background information provided by the Agency notes several times that the payments to providers for Black Lung related services will be reduced. The Agency also stresses on numerous occasions that payment reductions will be advantageous because the…“Trust Fund is more likely to be fully reimbursed for the payments it makes on an interim basis.” They also anticipate cost savings based on reduced payments from the Trust Fund for miners eligible to receive medical treatment when the operator responsible for their Black Lung treatments cannot or will not make the required payments.

“The United Mine Workers has carefully reviewed the Rule proposed by the Office of Workers Compensation Programs and is deeply concerned that in an effort to unilaterally reduce costs, they have lost sight of what is important—the health and well-being of the miners and their families,” stated President Roberts. “It is unclear when you examine the proposal if the Agency is looking out for the best interest of disabled miners or trying to save money for mine operators who are ultimately responsible for paying the medical bills of these individuals. This is a bad proposal, and the Union will do whatever it can to see that it doesn’t take effect.”

The Proposed Cuts would be Devastating

While the Agency claims the average cuts to the program amount to approximately 7 percent of total benefits paid, the decreases for some states are drastic. In Kentucky, for instance, inpatient hospital costs in 2014 were paid at 36 percent of total billing. Under the Proposed Rule those payments would be reduced to 26.5 percent of billing, a cut in benefit payments of almost $1.3 million per year. In Florida, where many UMWA Members reside, the cuts would be even more severe, from 64 percent of total billing to less than 18 percent. The most glaring example of these draconian cuts are the payments made for outpatient hospital services, cuts that would affect every state in the program. The Agency is proposing reimbursement for these services at just 20 percent of current payments; a reduction of 72 percent.

“The Union is convinced that the Proposed Rule, as it is written, would damage the Black Lung Program so severely that it would eventually become even more ineffective, leaving miners disabled from the Disease without adequate medical care,” said International Secretary-Treasurer Scaramozzino. “The Agency discusses how the cuts they are proposing will have little impact on the health care industry as a whole, but they seem to ignore the fact that small communities, where these services are offered, are not reflective of large metropolitan areas in the Country. The proposal appears to be aimed at reducing payment schedules to the point it forces providers to stop offering services that miners are entitled to under the BLBA. The UMWA Department of Occupational Health and Safety has already submitted comments opposing the Agency’s Proposed Rule. It will continue doing whatever is necessary to ensure miners receive the benefits the BLBA is required to pay.”

Members of L.U. 1412- Serving the Community

The Indiana County Recycling Center (Center) is located just off route 119 North in the town of Homer City, PA. Operated by the Indiana County Solid Waste Authority, the Center was created in 1988 to help Indiana County comply with Pennsylvania Act 101, the Municipal Waste Planning, Recycling and Waste Reduction Act of 1988 (Act).

The Act governs how cities and counties in the Commonwealth provide for the management and disposal of municipal waste. The day-to-day operations of the Center are carried out by seven Members of UMWA Local Union 1412. The Union has been representing the workers at the Center since November of 1997, when the employees first decided to organize a Union at the facility. Members of Local Union 1412 arrive at the Center around 7:00 a.m. to begin their work day.

The process for recycling is divided into two specific areas, with some of the workforce heading out into the communities to begin curbside residential pick-up and others remaining in the facility to operate the equipment. “The Members of Local 1412, who are employed at the recycling Center, are some very hard working people,” said At- Large International Vice President Donnie Samms. “They perform a vital service that helps the community. They do a great job, and we should all be proud they are members of the UMWA.”

Mike Bowersox has been a Member of the UMWA since he first started at the Center eleven years ago. He became involved in the Union shortly after getting hired and is currently a member of the Safety and Grievance Committees at the facility. When he started work, Brother Bowersox separated materials in the plant, a job known as a picker. In a short period of time he became a truck driver, the job he continues to do five days a week.

The Center remains open 24 hours a day, seven days a week, for area residents who wish to drop-off materials during nonworking hours. It also provides satellite locations for individuals living in more rural locations who wish to participate in the recycling program. Drivers trans-port dumpsters to designated locations throughout the County, retrieving them later to process the contents. “The UMWA is proud of the diverse Membership we represent.

The variety of jobs they perform and the professionalism they bring to the workplace is impressive,” said International District 2 Vice President Ed Yankovich. The Members of Local Union 1412 who work at the Center perform an extremely important public service for the community. We should all appreciate their hard work and dedication.”

Every day vast amounts of material arrive at the Center. They include a variety of recyclable products, such as aluminum cans, cardboard, newspapers, magazines and plastic bottles. When the material arrives on-site, ether by truck or at the residential drop-off area, they are placed in bins or piles inside the center for sorting, the first stage in the recycling process. The aluminum cans are placed on the conveyor belt to be crushed and packaged. Plastic, cardboard and paper products are placed in a machine and packaged into bails.

John Doyle, another Local 1412 Member at the Center, started working at the facility more than 18 years ago. He currently works as a processor inside the facility, operating the forklift, conveyor belts and front end loader. “I started out here as a picker over 18 years ago and have had several jobs since then,” said Brother Doyle. “I drove a truck for curbside and satellite pick-ups for a while, now I operate the on-site equipment in and around the Center. I have been a Member of the UMWA since the day I started. I’m on the Safety Committee and have never had an issue we couldn’t resolve. That’s because we stick together, and the Union is always there for us.”

In addition to the other services the Center provides to County residents, they also offer designated appliance and electronics drop-off times, special materials collection, as well as training classes to help educate residents on the importance of recycling. One of the most popular services offered is the composite materials site. Residents can drop off grass clippings, brush, leaves, Christmas trees or other materials suitable for compost at the Center.

These materials are then ground into mulch and offered to County residents free if they load it themselves or

for a fee of five dollars if John Doyle or another UMWA Member loads it with the skid loader. “I just can’t say enough about the dedicated Members of UMWA Local 1412 who work hard every day at the Indiana County Recycling Center,” said President Roberts. “They perform a variety of services day-in and day-out that are vital to the community.

It is especially noteworthy that they not only offer these services to the towns and larger communities in the County, but have made the extra effort to include the rural areas in the recycling effort. They make a difference in people’s lives every day, and we should all appreciate the job they are doing.”

UMWA Freedom Fighters – Born of Struggle, Shaping the Future

In April of 1989, after working for over a year without a contract, Members of the United Mine Workers of America in southwest Virginia laid down their tools and struck the Pittston Coal Company. The ensuing ten and a half month strike, which much like today’s struggle, hinged on protecting and preserving the pensions and health care active and retired miners had earned during a lifetime of toil in the mines.

In the course of the strike, the UMWA employed new tactics and devised different strategies for dealing with this renegade operator. However, perhaps the most significant and lasting creation of that battle was when a determined group of wives, mothers, daughters and friends of the striking miners banded together to form what became the UMWA Freedom Fighters.

“I have known and worked with the Freedom Fighters since they were founded over 28 years ago,” said At-Large International Vice President James Gibbs. “They organized themselves during the Pittston strike to stand in solidarity with the strikers. These are some of the best people I have ever met and I figured right then that Pittston had bitten off more than they could chew. These women were fighters and they weren’t going to stop until they won.

What is most extraordinary is they do this all on their own. They do the setup, the planning and they execute the plan. They do all the work. That is how they have operated since the day they were founded. They always do whatever they can to help the Union. I guarantee you that if they are called, they will be there.”

TO READ THE FULL ARTICLE, CONTACT THE JOURNAL DEPARTMENT (JOURNAL@UMWA.ORG OR 703-291-2405) AND SUBSCRIBE TO THE UNITED MINE WORKERS JOURNAL.

Black Lung Resurgence

Despite the best efforts of the United States Department of Labor through the Mine Safety and Health Administration (MSHA) to control exposure to respirable coal mine dust, the number of Black Lung cases currently being diagnosed in Appalachia is unprecedented according to some researchers. In the decades since the passage of the 1977 Mine Act, MSHA has tried everything from new and more stringent regulations, including Lowering Miners’ Exposure to Respirable Coal Mine Dust, final rule, the use of Continuous Personal Dust Monitors and compliance assistance initiatives to eliminate the conditions that lead to the disease.

While it appeared that incidence rate had declined in the 1990’s, recent data collected by National Public Radio (NPR) after a report was released by the National Black Lung Resurgence Institute for Occupational Safety and Health (NIOSH) demonstrate a huge increase in Black Lung rates, even among younger, less experienced miners. NPR obtained data from Black Lung Clinics in Pennsylvania, West Virginia, Virginia and Ohio that shows 11 clinics reporting 962 cases since 2010. This is nearly 10 times the number of cases reported by NIOSH during the past five years. NPR also stressed that the frequency rate could be even higher because some of the 11 clinics had incomplete records and eight other clinics refused to provide any information.

“This new information regarding the drastic increases in the occurrence of Black Lung Disease among miners, especially younger miners with less than 20 years underground, is alarming,” said President Roberts. “It certainly tells you there is something wrong, at least in certain segments of the industry, to allow this to occur. I applaud NPR for uncovering this information. Now we must use it to determine why this is happening and what we need to do to correct it.” As for NIOSH, they acknowledge in their report that they have missed hundreds of cases of the disease. They note the x-ray program is voluntary and only applies to working miners. They cannot compel anyone to participate in the program nor can it test laid-off or retired miners.

The situation is further complicated when you consider that miners often avoid testing because of fear of retribution or job loss by their employer. Since 2011 only 17 percent of Kentucky’s active mining workforce has been tested. “This new data is extremely disappointing, but not completely surprising,” said Secretary Treasurer Scaramozzino. “The Union has been making the case for years that larger and more powerful equipment coupled with ever increasing work shifts would have a detrimental impact on miners’ health. The Union is also not buying the explanation by some in the industry that these reports reflect historical exposures.

Many of these miners have been in the industry less than 20 years—these are today’s exposure and incident rates. We do commend the efforts by MSHA to take positive action to eliminate this disease, but if miners want to really reduce their exposure to respirable coal mine dust they need to join the Union. No one else is going to provide them the protections they deserve on the job—no one.”

The Membership Always Meets the Challenge

UMWA Members accompanied by elected officials and staff from across the coalfields arrived in Washington, DC to lobby on behalf of the Bill. These Members spent long days on Capitol Hill talking with Senators and House members, filling the galleries of both chambers to listen to hours of debate that would determine the fate of S-1714 and HB- 2403.

They attended Congressional briefings and press conferences late into the evenings, encouraging our friends in the Senate to continue the fight. These are the selfless actions that make the UMWA Membership so unique and powerful. When it would have been easier to stay home, these individuals, like all Mine Workers, rose to the occasion and carried the message of the Union to those in power.

I am pleased to report that those efforts made a huge difference. It is clear that the current IEB is one of the most active and engaged group of leaders the UMWA has been fortunate to have serve the Union in many decades. It should also be understood that the new members of the International Executive Board are fully engaged in this process and ready to continue the fight. I am so very pleased to have these individuals serve with me on the Board and every Member should be grateful for their unwavering dedication.

There is also another significant group of individuals who deserve our deepest appreciation and continued support. There are dozens of elected officials in both houses of Congress who have taken up the Promise of cradle-to-grave health care and pensions for the Nation’s miners. They have toiled beside us to force legislation that will “Keep the Promise” made by President Truman and reaffirmed by a succession of other U.S. Presidents from both political parties since 1946. Their tireless efforts in the past four years were instrumental in securing the health care extension UMWA members are enjoying today.

A Pardon for the “Most Dangerous Woman in America?”

In September 2, 2016, H. John Rogers, an Attorney and UMWA Associate member from New Martinsville, WV, submitted an application to WV Governor Tomlin for the posthumous pardon of Mother Jones. The action, if approved by the Governor, would not expunge her conviction, but would forgive her for the “said crime.”

President Roberts sent a letter in support of Brother Rogers’ request noting, “Although it may be the case that Mother Jones violated a few West Virginia laws in the 1910s and 1920s, those laws were established to preserve a vicious and criminal system of servitude and near-slavery. I would point out that our nation, and indeed our state, has wiped those laws off the books and replaced them with ones that guarantee the right to organize and bargain collectively, ended child labor, set minimum wages and the right to overtime pay—all things Mother Jones was fighting for. Her ‘crime’ was to encourage workers and their families to stand up for their own humanity and throw off the shackles of the company-town system that kept them and their children in continual poverty.”

Mother Mary Harris Jones holds a very special place in the hearts of working class people, most especially members of the United Mine Workers of America. For the better part of half a century Mother Jones was also known as the “Miners Angel” for her efforts to organize coal miners and lift them out of their futile coal company existence. From Cabin and Paint Creek, WV, to Ludlow, CO, Mother Jones was never afraid to stand against any coal operator or corporate baron in her quest for economic justice for working people. While she preferred to have the workers follow her lead and strike employers because they were fed-up with their state of affairs, it was never beyond her to embarrass workers into taking necessary action.

TO READ THE FULL ARTICLE, CONTACT THE JOURNAL DEPARTMENT (JOURNAL@UMWA.ORG OR 703-291-2405) AND SUBSCRIBE TO THE UNITED MINE WORKERS JOURNAL.

Risking Freedom to “Keep the Promise”

UMWA Membership Always Ready to Meet the Challenge

The buses began lining 3rd Street in Washington, D.C., early on the morning of September 8th. For anyone on Capitol Hill who doubted the resolve and commitment of UMWA members to the fight to secure their hard-earned pension and health care benefits, that question was answered early in the day.

By 10:30 a.m. nearly all of the more than 125 buses from 14 states had offloaded almost 7,000 UMWA members, their families and supporters. As the crowd continued to arrive, the mass of Union members and supporters filled Union Square and spilled across 3rd Street onto the National Park Service grounds.

When President Roberts kicked off the rally at 11:00 a.m., people filled the grassy areas on both sides of the street. With temperatures reaching the mid-90’s, UMWA members continued to arrive.

“We all know what this is about,” said President Roberts. “Every one of us here and thousands more UMWA Members and their families who were unable to attend this rally know this is about fairness. It’s about ‘Keeping the Promise’ made 70 years ago in Harry Truman’s White House. The promise of Cradle-to-Grave pensions and health care. We understand the Promise, and we intend to see that Congress ‘Keeps the Promise.’”

By the time the rally was in full swing, more than 10,000 people braved the heat to force the government to take action and protect their pensions and health care.

For more than four years the United Mine Workers of America (UMWA), along with its friends in the Labor Movement, have traveled across the Country to stir the conscious of the Nation and build support for miners and their families, who through no fault of their own, have seen the retirement security they worked for all their lives threatened.

TO READ THE FULL ARTICLE, CONTACT THE JOURNAL DEPARTMENT (JOURNAL@UMWA.ORG OR 703-291-2405) AND SUBSCRIBE TO THE UNITED MINE WORKERS JOURNAL.

We are Going to Washington, D.C. – Together we will win this Struggle

“We have been patient and respectful, but we have also been abundantly clear in our efforts to force both the coal operators and the government to fulfill their Promise of Cradle-to-Grave health care and pensions they made to miners in 1946. We have been successful in forcing the operators to set aside money to pay for retiree health care, but those funds will be depleted for many retirees and their families before the end of the year. There must Congressional action on this life-and-death issue immediately. That’s why every UMWA member, their family and friends must get on a bus and Rally on the law of the U.S. Capitol on September 8.” – President Roberts

UMWA members exit buses on July 9, 2013 in Fairmont, WV during one of the many Fairness at Patriot rallies. “The membership of the Union has always been willing to do whatever is necessary to help their Brothers and Sisters. If that meant traveling hundreds of miles on buses, they did. There is no doubt in my mine they will answer the call on September 8th and arrive in Washington, DC in record numbers.” – President Roberts

The United Mine Workers of America (UMWA) has been on the move since early 2012 to preserve the health care and pensions of thousands of members across the United States when a rash of coal company bankruptcies began. For everyone who participated in the rallies in St. Louis and Creve Coeur, MO; Charleston and Fairmont, WV; Henderson and Lexington, KY and at the EPA building in Washington, DC; the journey for retirement security has been challenging. Likewise, the Union understands the concern and frustration of every member, spouse and family member who were unable to attend these events because of physical limitations or illness, but shared in those efforts with your support and prayers. There is no question that the Union’s efforts to date have ensured that every retiree or family member due these benefits continues to receive what they have earned. The UMWA has truly been blessed with the most unselfish and dedicated membership in the Labor Movement. There can be no doubt that your determination and willingness to fight for one another continues to preserve the promise of health care and pensions for miners and their families.

On October 14, 2015, thousands of UMWA members and their families rallied in Bessemer, AL. The UMWA had hopes that the legislation to satisfy the governments obligation to miners and “Keep the Promise” soon would become law. Unfortunately, the legislation was killed in the waning hours of 2015. “No other Union membership has faced more adversity than the women and men of the UMWA. But we are still here. And we will win this fight.” – President Roberts

“For many of us the continuing battle to secure the health care and pensions we have earned, while upholding our end of the Krug-Lewis Agreement of 1946, seems like a never-ending struggle,” stated President Roberts. “We have worked in the miens to help build, power and sustain our nation through the industrial revolution and countless wars. We have witnessed firsthand the hazards of an industry that steals our youth and ruins our health, while also weighing heavy on the hearts of our families. We have done what was required to meet our obligation to receive the benefits promised by the United States government. The health care and pensions we are demanding have been paid for by our seat and blood, and we will never end our fight until justice is achieved.”

In May of 2000, more than 10,000 UMWA members, their families and supporters gathered on the lawn of the U.S. Capitol to demand that Congress “Save the Coal Act.” After more than 16 years, the UMWA will return to Capitol Hill to demand Congress live-up to its Promise and pass The Miners Protection Act.

While the permanent fix to the problems that threaten the pensions and health care of the active and retired members is still within our grasp, it has not yet been achieved. However, the ultimate goal of having Congress fulfill the Promise of 1946 is, after more than four years, still waiting for action by these elected officials. While the solution to the problem must be voted on in the U.S. House of Representatives and Senate, it is obvious that only unrelenting pressure by every UMWA member, our allies in the Labor Movement and friends in Congress can make that vote a reality. This will be the final opportunity for Congress to act before tens of thousands of UMWA members and their families lose the health care benefits they earned through years of sacrifice and labor in the nation’s mines. It is also necessary to prevent the 1974 Pension Plan from becoming insolvent or suspension of pension payments.

Join the UMWA in Washington, DC to Tell Congress to Keep America’s Promise!

TO READ THE FULL ARTICLE, CONTACT THE JOURNAL DEPARTMENT (JOURNAL@UMWA.ORG OR 703-291-2405) AND SUBSCRIBE TO THE UNITED MINE WORKERS JOURNAL.

Conditions at Fayette County Prison can no longer be tolerated

Requesting responsible action by county officials regarding this matter has received no response

The failure of many officials in Fayette County to address the current conditions at the antiquated lock-up, located in the heart of Uniontown, PA, only heightens the potentials for a tragic incident to occur. Based on the UMWA assessment of the situation, by the members of UMWA Local Union 9113 who work at the facility every day and the December tour of the prison by President Roberts, continued inaction by the county has created conditions that are ripe for any number of events that could trigger a tragedy. The reality is, so many hazards exist within the walls of the prison right now that it is impossible to determine which one will be the catalyst that causes an awful event.

The ceilings in the prison are falling in from water damage caused by the leaking roof, drains and water lines.

“The situation at the prison is really out of control,” stated L.U. 9113 President Chris Bennett. “The facility is literally falling apart around us and the County continues to pour money into it in an attempt to maintain the current conditions. Their actions not only defy logic, it is a waste of taxpayer money. Imagine if your roof was leaking or sewer was clogged at home and you decided to do just enough to keep it from getting worse, not fix the problem just maintain it, that just foolish. That’s what is happening here, but the problems are so numerous and complicated the county can’t keep up with them. The Union is concerned that continuing this misguided approach is not going to end well for the County.”

The Union’s efforts to work constructively with the County have thus far been ignored

For many years the correction officers at the Fayette County Prison attempted to work with a variety of county officials to take much-needed action on the dilapidated facility. In fact, almost since Local Union 9113 was officially chartered in 2003 the officers and members have made concerted efforts to help the county find solutions to the problem. There has been a push by residents of the county, many who are members of other UMWA local unions, to find a economical and permanent solution to the prison situation.

The sewer system not only will not drain, but sewage routinely backs-up through the drains.

In December of last year President Roberts toured the facility with concerned county officials and members of Local Union 9113. During a press conference after the tour he not only noted the serious and imminent dangers that existed at the jail, but offered the Union’s support in working toward a solution. In May of this year President Roberts wrote to the County Board of Commissioners expressing his concerns that nothing had been done to address the ongoing health and safety problems at the prison. Once again, he offered the assistance of the UMWA in addressing these conditions and reaching an amicable and permanent resolution to the problem.

UMWA files complaint about Fayette Co., Pa. Prison conditions with U.S. Dept. of Justice

TO READ THE FULL ARTICLE, CONTACT THE JOURNAL DEPARTMENT (JOURNAL@UMWA.ORG OR 703-291-2405) AND SUBSCRIBE TO THE UNITED MINE WORKERS JOURNAL.

Senators Secure Committee Vote on Miners Protection Act

As the shortened summer session of Congress was winding down, supporters of the Miners Protection Act. – S.1714 – in the United States Senate used several legislative procedures to secure a September vote for the bill in the Senate Finance Committee.

The bill’s two lead sponsors, Sen. Joe Manchin (D-WV) and Sen. Shelley Moore Capito (R-WV), went to the floor of the Senate as a bill to provide billions of dollars to Puerto Rico bill moving forward unless action was taken on S. 1714. Senators Sherrod Brown (D-OH), Rob Portman (R-OH) and Joe Donnelly (D-IN) joined them in that position.

After discussions between Senate leadership of both parties, it was agreed that the Finance Committee would hold a vote on the bill – called a “mark-up” in Congressional terms – in September.

“I am very encouraged by the bi-partisan agreement by Senate leadership and members to hold a mark-up vote in the Senate Finance Committee on the Miners Protection Act,” President Roberts said. “We have been asking for this action to be taken for months, because time is growing very short if the health care benefits for tens of thousands of retirees are to be saved.”