Breathless and Betrayed Hearing

Breathless and Betrayed

Coal miners are suffering an unprecedented spike in the most severe form of black lung disease.

On June 20, President Cecil Roberts spoke to the committee about the need for action!

Black lung resurgence fires up Democrats

Source: E&E News

June 18, 2019

A spike in the number of cases of black lung disease has put federal regulators in the crosshairs of the new House Democratic majority.

With a hearing titled “Breathless and Betrayed,” the House Education and Labor Subcommittee on Workforce Protections appears ready to take the Department of Labor’s Mine Safety and Health Administration to task for the reemergence of coal workers’ pneumoconiosis.

From the Federal Coal Mine Health and Safety Act’s enactment in 1969 to 2000, black lung rates dropped from above 30% to 5% among miners with at least 25 years of experience underground.

Rates have climbed since. Last year, the National Institute for Occupational Safety and Health confirmed the largest ever cluster of the most severe form of the already fatal, untreatable condition — 416 cases of progressive massive fibrosis in three Virginia clinics.

The rise comes despite the Obama administration reducing the limit for respirable coal dust. Under the 2014 rule, which went into effect in 2016, more than 99% of 25,441 valid samples collected nationwide were compliant.

While black lung can take years to manifest, a 2018 report from the National Academies of Sciences, Engineering and Medicine called for “a fundamental shift” in how mine operators approach coal dust controls, sampling and monitoring.

Currently, MSHA is gathering input until July 9 as part of a required “retrospective study” of the 2014 regulations to assess their effectiveness.

Trump MSHA chief David Zatezalo, a former coal executive, has refused to alter the dust standard despite industry pressure, but his agency has been slow to react to the recent uptick.

The coal industry has advocates for other ways to combat the disease like making lung screenings mandatory. It has also fought against continuing a higher black lung excise tax rate charged on every ton of coal mined.

Congress allowed the tax, which pays living and medical expenses for more than 25,000 sick miners whose former companies have gone out of business, to drop by more than half to 50 cents per ton from an underground mine and 25 cents per ton from a surface mine.

West Virginia Democratic Sen. Joe Manchin has sponsored a bill to restore the black lung tax to $1.10 per underground ton and 55 cents per surface ton.

  1. S. 27 would use the revenue to cover black lung benefits and offset increased federal spending to prop up the United Mine Workers of America’s imperiled pension fund for 100,000-plus union coal miners. Coal companies oppose the increase, saying it can ill-afford it during a tumultuous time for their industry.

 

Schedule: The hearing is Thursday, June 20, at 10:15 a.m. in 2175 Rayburn.

 

Written by: Dylan Brown

United Mine Workers of America employees and supporters celebrate new District 31 building

Source: 12 WBOY

AIRMONT W. Va. – United Mine Workers of America employees and supporters came together to celebrate the opening of a new building for UMWA District 31 workers.

Renovations to the new Country Club building were completed in early April. The District staff completed the move from the former District office on Gaston Avenue shortly thereafter.

U.S. Senator Joe Manchin helped dedicate the building to UMWA President Cecil E. Roberts and thank him for his undying commitment to and efforts on the behalf of coal miners.

“You gotta be tough to be a leader. You gotta know when to be tough. You gotta be compassionate. You gotta know when to be compassionate, but you always have to be sincere and true to yourself. Without those three degrees you are not a leader. You might think you are, but I can guarantee you not many people will follow you and Cecil has all of those traits,”

UMWA District 31 covers northern West Virginia and eastern Ohio.

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Bankruptcy as Bailout – Coal Company Insolvency and the Erosion of Federal Law

Source: Stanford Law Review

Almost half of all the coal produced in the United States is mined by companies that have recently gone bankrupt. This Article explains how those bankruptcy proceedings have undermined federal environmental and labor laws. In particular, coal companies have used the Bankruptcy Code to evade congressionally imposed liabilities requiring that they pay lifetime health benefits to coal miners and restore land degraded by surface mining. Using financial information reported in filings to the Securities and Exchange Commission and in the companies’ reorganization agreements, we show that between 2012 and 2017, four of the largest coal companies in the United States succeeded in shedding almost $5.2 billion of environmental and retiree liabilities. Most of these liabilities were backed by federal mandates. Coal companies disposed of these regulatory obligations by placing them in underfunded subsidiaries that they later spun off. When the underfunded successor companies liquidated, the coal companies managed to get rid of their regulatory obligations without defaulting on the pecuniary debts they owed to their creditors.

Our analysis of the coal industry also has implications for bankruptcy theory. First, we provide a novel reason for questioning the view that bankruptcy proceedings should prioritize Chapter 11 reorganization over Chapter 7 liquidation. Recent coal bankruptcies show that companies are using the Bankruptcy Code to externalize costs onto third parties, despite statutes designed to force coal companies to internalize those costs. We argue that reorganization should not undermine Congress’s efforts to force firms to internalize the costs they impose on others. When a reorganization threatens to do so, liquidation is the better method for resolving bankruptcies. Second, our account poses challenges for scholars who argue that parties in bankruptcy proceedings should be able to contract around Chapter 11. While there are compelling reasons to allow parties to do this, some mandatory federal rules are necessary to prevent creditors and debtors from negotiating around federal regulatory programs. And third, the use of Chapter 11 to discharge regulatory obligations whose purpose is to further congressional policy impedes the government’s ability to adopt certain efficient regulatory designs. Liabilities that can be discharged generally have to have been incurred before the bankruptcy petition. Such policies often take the form of market-based regulations or performance standards. Moreover, bankruptcy judges treat liabilities that can be converted to money judgments as ordinary contracts while giving injunctions what amounts to an effective priority claim. As a result, bankruptcy law creates incentives for regulators to adopt command-and-control regulations—a common regulatory design that is disfavored in scholarly circles for being less efficient than the alternatives. We conclude by arguing that many of the strategies coal companies have used to discharge these federal regulatory obligations are illegal.

Written by: Joshua C. Macey and Jackson Salovaara

Joshua C. Macey is Postdoctoral Associate, Cornell Law School. Jackson Salovaara works in the renewable energy industry.

During the editorial process for this Article, Mr. Salovaara was employed by McKinsey & Company, a global consulting firm. McKinsey offers consulting services to coal companies, including on restructuring matters. Mr. Salovaara did not advise any coal companies while employed at McKinsey, nor did he have access to nonpublic information on any coal company.

We wish to thank Akhil Amar, Vince Buccola, Tony Casey, Matthew Christiansen, Don Elliott, Bill Eskridge, Shannon Grammel, Kelly Holt, Bruce Huber, Rich Hynes, Melissa Jacoby, Dan Lashof, Bruce Markell, Daniel Markovits, Jerry Mashaw, John Morley, Adam Pritchard, Mikael Salovaara, David Skeel, Adam Sorensen, Tom Steyer, David Weiskopf, Shelley Welton, and Jay Westbrook for their edits, comments, and support. Finally, we are especially grateful to the editors of the Stanford Law Review for outstanding editorial support. All errors are our own.

Retired coal miners seek Congress’s help to preserve their pensions

Source: Pittsburgh Post-Gazette

WASHINGTON — Dave VanSickle spent most of his life underground cutting and loading coal.

Some days were grueling, but he got through the worst of them by reminding himself he was working toward a worry-free retirement with a pension guaranteed to sustain him through old age.

That financial security is about to be yanked out from under him unless Congress acts.

Mr. VanSickle, 63, of Uniontown and other members of United Mine Workers of America, have been lobbying lawmakers in Washington to prevent their pension fund from the insolvency that is expected to hit by 2022.

They want Congress to shore up their pensions using surplus funds from a federal program that reclaims and restores abandoned mine sites.

However, some lawmakers including U.S. Sen. Mike Enzi, R-Wyoming, say other industries’ pension funds are insolvent too, and they want to address pension reform more broadly.

“Sen. Enzi believes miners and former miners deserve respect and appreciation, but he remains concerned about any legislation that encourages or helps private companies to rely on taxpayer funds when unions and companies fail to deliver on their promises,” said Enzi spokeswoman Rachel Vliem.

“He believes bailing out any private pension would set a dangerous precedent,” she said. “This bill would only bail out one of the hundreds of union pension plans that we know are underfunded.”

UMWA also would like to see a broader solution that helps retirees from other industries, but they say it isn’t likely to come quickly enough for its members.

Lawmakers like U.S. Rep. David McKinley, R-West Virginia, say it makes sense to enact a fix for miners while Congress hashes out a broader solution.

“Other people, they’re saying, ‘Well, we’ve got to have a comprehensive solution.’ That would be a great day, but to me it’s just a smokescreen,” Mr. McKinley said.

Miners point to a number of reasons they deserve special treatment.

“Everyone should be helped down the road but our pension plan is one of the smallest, it’s the only one guaranteed by the government, and it’s running out the soonest,” Mr. VanSickle said.

Their pension fund is on track to collapse within 3½ years. Of all the major mining companies contributing to the pension fund only one — Murray Energy — is still in operation. The fund has about $2 billion in assets but only $15 million comes in each year while about $600 million goes out.

Miners say the federal government promised them lifetime pension benefits in 1946 when Interior Secretary Julius Krug negotiated an end to the nationwide mining strike by agreeing to create health and retirement funds.

There is enough of a surplus in the Mine Reclamation Fund to cover the cost of pensions, miners said.

“We just want what was promised to us. You work your whole life and they pull the rug out from under you,” said Tony Kodric, 61, of Uniontown who worked in two mines from 1977 until 2013 when he tore a rotator cuff and bicep in a mining accident that left him disabled.

If the UMWA pension plan collapses, union members would be eligible for benefits from the federal Pension Benefit Guarantee Corporation, which insures private pensions, but payments would cover cover only a portion of lost benefits — often less than half. And PBGC is headed toward insolvency, too. The latest PBGC annual report projects that its multi-employer program could reach insolvency by 2025.

That could happen much sooner if miners start drawing from it, too, union leaders say.

Multiple generations’ livelihood is at stake, said Mr. Kodric, whose mother also gets pension payments that his deceased father earned from his years in the mines.

Retirees like Mr. VanSickle have taken part-time jobs to put money aside in case their pensions collapse.

He spent a recent morning dragging a watering hose between rows of boxwoods, coneflowers and red drift rosebushes as he worked to keep the soil moist at Miller’s Greenhouses in Smithfield. Other days he delivers mulch or large plant orders.

Mr. VanSickle likes the work but he would rather be cuddling his newest grandchild or watching his older ones play baseball.

Two or three days a week at Miller’s gives him just enough of a cushion to keep him from worrying about how he’ll make ends meet if his pension disappears. That’s something he never thought he’d have to worry about back when he voted with his union to sacrifice raises for better pensions.

“You base your spending on what you know you have coming in when you retire and then — bang! — something comes up so you do what you can to get things back in order,” Mr. VanSickle said.

His house needs a new roof and he’ll use his income from Miller’s to pay for it so he won’t have to dip into his savings.

About 83,000 unionized miners and surviving spouses collect pensions averaging about $600 per month, but those who served the longest collect more than $2,200 a month. That’s money U.S. Sen. Joe Manchin, D-West Virginia, says they have coming to them. They shouldn’t have to worry it will disappear, Mr. Manchin said at a recent press conference outside the Capitol.

“Coal miners provided the energy that built the greatest country on earth. The superpower of the world is here because of the coal miners standing behind me,” said Mr. Manchin.

A few dozen union members in camouflage UMWA T-shirts stood behind the podium.

“They not only worked hard and played by the rules; they were in a really dangerous profession,” said U.S. Sen. Rob Portman, R-Ohio, who joined him at the press conference. “They’ve taken on dangerous jobs with a modest promise. Let’s be sure that promise is fulfilled.”

Mr. VanSickle knows well the dangers the senator spoke of. He lost the middle finger of his left hand when it got caught in a roof bolt he was installing. Later he lost the little finger of his right hand while loading coal on a barge on the Monongahela River. He’s got a bad back, too, and breathing problems he believes to be a symptom of lung disease acquired in the mines.

Union leaders say their members have made many sacrifices because of the pensions they were promised would never go away.

“What we want is what we were promised. It’s time for Congress to act,” said UMWA President Cecil Roberts.

Several lawmakers have proposed bills to fix the problem. UMWA prefers Mr. Manchin’s legislation because it is more comprehensive, but the union also supports other approaches.

Mr. Manchin’s bill would use excess funds in the Abandoned Mine Land program to preserve pensions. It also would fund health coverage for retirees of companies that declared bankruptcy last year and would increase coal companies’ contributions to the Black Lung Disability Trust Fund. His legislation also requires mine companies to continue their contributions to the pension fund.

Murray Energy — which, along with its subsidiaries, contributes 97 percent of the $15 million that goes into the pension fund — wants a legislative solution, too, but doesn’t support Mr. Manchin’s proposal.

“It requires Murray Energy to continue to contribute to an insolvent plan indefinitely,” said company spokesman Jason Witt.

UMWA said Congress is unlikely to pass any legislation that doesn’t require Murray to make good on the contributions it agreed to during contract negotiations.

“That’s a collectively bargained responsibility they have. If a company can live up to its obligations it should, especially if taxpayer money is being transferred into the fund, too,” said UMWA spokesman Phil Smith.

U.S. Sen. Bob Casey, D-Pa., is among the lawmakers who have been fighting to protect miners pensions.

“It is our responsibility to keep our promises to the men and women who built our nation,” he said. “I won’t stop fighting until we’ve secured health care, pensions, and an extension of the Black Lung Disability Trust Fund for coal miners and their families.”

Mr. Manchin believes there is enough support for his bill to clear the Senate if only Majority Leader Mitch McConnell, R-Kentucky, would allow a vote but he, like Mr. Enzi, favors a more comprehensive solution.

Mr. Manchin is calling on UMWA members to put the pressure on.

“We need your help. We need everyone to talk to Mitch McConnell,” he told union members at the press conference. “This thing is ready to go. It’s been ready to go for a long time.”

Correction, made at 4 p.m. June 2: Tony Kodric of Uniontown worked at two mines during a 36-year that spanned from 1977 until 2013.

Written by: TRACIE MAURIELLO

Washington Bureau Chief Tracie Mauriello: tmauriello@post-gazette.com; 703-996-9292 or on Twitter @pgPoliTweets.

A Million People Could Lose Their Pensions If Congress Doesn’t Act

Source: HuffPost

A crisis years in the making is about to hit retired coal miners and truckers first.

FAIRMONT, W.V. ― Joe Brown worked for more than 30 years as a roof bolter at the Federal #2 Mine in Marion County. Installing roof supports is one of the most hazardous jobs in coal mining, essential to the safety of all the other miners. Even though Brown’s lanky 6-foot-3 frame made bolting easier for him than others, he’s had four surgeries ― two on his back, two on his knees ― as a result of his decades at the mine.

But the union job helped Brown and his wife, Jo-Ann, buy a modest ranch house with a yard big enough for a ride-on mower, and put their three now-grown daughters through school. A small sign hangs on a tree beside Brown’s driveway, just across the street from a church: “Welcome to Brownsville, population 5. Mayor: Joe Brown.”

The mining work also assured him security in old age through retiree health coverage and a defined-benefit pension ― crucial perks that made the dangerous work and risk of black lung disease worth undertaking for Brown, who was one of just a few African Americans in his mine. When his injuries forced him into early retirement and onto disability in 2002, the benefits became even more vital.

“It was in writing that the pension would be secure,” Brown, now 78, said on a recent afternoon, taking a break from remodeling his bathroom. “A pension ’til I pass away ― that was the deal.”

But the pension plan through the United Mine Workers of America that Brown and 86,000 other retirees rely on is on track to be insolvent in about three years, which could result in deep cuts to once-guaranteed monthly payments. A growing number of plans are in similarly bad shape. If nothing is done, the coming rash of insolvencies could torpedo part of the Pension Benefit Guaranty Corporation, or PBGC, the government-run corporation that insures defined-benefit pensions.

Brown’s is what’s known as a multiemployer pension plan. Anywhere from a handful to hundreds of companies contribute funds to these plans on behalf of their workers, with payments negotiated through union contracts. The plans are common in the construction, transportation and service sectors, providing a portable benefit in cyclical industries where workers frequently change jobs. But many plans have run into trouble, losing their stream of income, as industries change and unionized employers go out of business.

While most of the 1,400 multiemployer plans in the U.S. are not in any danger, some 130 plans are projected to be insolvent within 15 to 20 years. The PBGC’s multiemployer insurance program, which would need to step in to help cover pension payments for those plans, is expected to go under by 2025 if lawmakers don’t intervene with a plan to save it.

Brown currently receives around $1,300 a month through his pension ― which, combined with his and his wife’s Social Security and the income from her part-time job, is enough to cover their basic expenses. If PBGC’s program collapses, his pension could be worth almost nothing.

The only real options for policymakers are to increase contributions by employers, shave benefits for retirees, or provide plans with government aid, such as federally backed loans ― an idea that has already drawn “bailout” criticisms from conservatives. The most likely course is a combination of all of the above.

It’s the sort of politically complex crisis that the modern, do-little Congress is uniquely ill-equipped to handle, with the security of 1.3 million pension recipients hanging in the balance. A special joint committee created expressly to tackle the problem blew its own self-imposed deadline last November and failed to pass a bill, forcing lawmakers to start over this year.

“This is not simply about pensions; it’s as much about who we are as a people and our expectations for the role of government,” said David Brenner, a pension expert at Segal Consulting, a firm that advises multiemployer plans. “We shouldn’t turn our back on people who trusted and believed their defined-benefit pension would provide them with an income stream for life.”

‘This Is Going To Devastate People’

It isn’t hard to see why a large pension plan for coal miners is in trouble right now. Despite what the president claims, the coal industry continues to decline as power plants shift to cheap natural gas and close down coal-fired generators. There were 52,000 coal miners working in April, down from 178,000 in 1985, according to the Bureau of Labor Statistics. For all of Trump’s deregulation on behalf of coal operators, only around 2,000 mining jobs have been added since his inauguration more than two years ago.

“I started in 1975. Back then you could quit a job one day and go to work tomorrow at another,” said Roger Merriman, who put in 28 years at Federal #2 with his friend, Brown. “We were pretty strong back in the day. But our membership dwindled due to mines closing down.”

Cecil Roberts, the president of the United Mine Workers of America, says bankruptcy courts have allowed coal operators to she

Cecil Roberts, the president of the United Mine Workers of America, says bankruptcy courts have allowed coal operators to shed their obligations to retirees.

The vastly smaller workforce has left the miners’ pension plan with way more money going out the door than coming in. According to the union, there are about 12 retired miners collecting pensions for every active miner working in the plan ― a startling, and unsustainable, ratio.

The financial crisis didn’t help, with the 2008 stock market crash battering the pension fund. Ironically, its survival is now hitched to coal magnate and longtime union opponent Bob Murray, the chief executive of Murray Energy. His company is the last major employer chipping into the fund. If it goes bankrupt, the pension plan won’t last long.

Multiemployer pension plans have traditionally had lighter funding rules and lower insurance premiums than single-employer plans. After all, they were supposed to be safer. With so many employers paying in, a plan could afford to lose a company here or there due to bankruptcy or closure without putting the whole fund at risk. And, to be sure, most multiemployer plans are not hurting right now, with almost 60 percent deemed financially secure by the PBGC.

But many of the endangered plans have run into trouble for reasons unique to their industries. Take the Teamsters Central States, the largest endangered fund in terms of unfunded liabilities. The plan includes 385,000 participants and more than 1,000 contributing employers, mostly in the trucking industry. On the current trajectory, it will be unable to pay pensioners their benefits in seven years. Back in 1982, the plan had two active participants for every inactive one. That ratio has more than flipped: Now there is just one active participant for every five receiving benefits.

The trucking industry hasn’t disappeared the way coal has. In fact, trucking companies are growing in a strong economy and are looking for more drivers. What’s changed is how few of them are union shops. Deregulation of the industry starting in 1980 opened the door to smaller, non-union operators, shrinking the Teamsters’ footprint over the years. As a result, a plan that was underfunded even in the good days has deteriorated even more.

The falling rate of unionization in the U.S. has squeezed many multiemployer plans, all of which rely on contributions through collective bargaining agreements. Just 6.4 percent of private-sector workers are unionized, compared to 20 percent in 1983. Meanwhile, the shrinking base of employers chipping into the funds has pressured those who remain. Some companies decide it’s better to exit the plan and pay a penalty, fearing higher liabilities down the road.

That was apparently the calculus of shipping giant UPS, which left the Central States in 2006, taking nearly a third of the plan’s active participants with it. When companies exit a plan they must pay withdrawal liabilities, which are based in part on the fund’s current value. UPS exited the plan near the peak of the stock market ― good for UPS, terrible for the fund. Much of the company’s $6 billion lump sum withdrawal payment to the Central States got wiped out in the market crash that followed.

Many other companies have left pension plans by going bankrupt. Some 22,000 of the participants in the mine workers plan worked for companies that have declared bankruptcy in just the last few years, according to the UMWA. The union argues that bankruptcy courts have provided a legal means for employers to unfairly shed their responsibilities to pensioners. When coal giant Peabody went bankrupt in 2016, the union said the company owed $643 million to the pension fund; the union got just $75 million in bankruptcy court.

“A lot of it falls on the downturn of the coal market. But a lot of it falls on the bankruptcy courts, allowing these companies to walk away from their obligations,” said Merriman, whose mine changed corporate hands multiple times and is now out of operation. “A company files for bankruptcy, we are the last in line to get our money.”

Merriman is what’s known as a pension “orphan”: the company he worked for no longer pays into his fund. Through no fault of his own, his benefit has become a burden to the current employers still contributing. Orphans make up a disproportionate share of the participants in the plans now teetering on the edge of insolvency ― nearly 28 percent, compared to just 10 percent in healthy plans, according to Boston College’s Center for Retirement Research.

One of the big political hurdles facing any rescue plan is how few Americans have a defined-benefit pension these days compared to decades ago. Most employers have switched to 401(k) plans that put the financial risk on workers. Lawmakers who view pensions as an anachronism ― or a cushy union benefit ― are less likely to get behind a plan that includes federal aid.

But pensions are really just deferred pay. Workers forwent raises over the years so they would have some money when they retired. In the case of multiemployer plans, the pension benefits are also pretty modest.

“These are people who worked physical jobs and the benefits they’re getting aren’t something you can grow fat on,” said Jean Pierre-Aubry, a researcher at the Center for Retirement Research. “This is minimal support for people who helped build the nation.”

The average benefit in the Central States plan is around $15,000 per year, far from enough to cover housing, food and other basic costs. The PBGC might guarantee less than $10,000 of that benefit, depending on the retiree’s years of service. And if the PBGC goes under, retirees in any multi-employer plan that becomes insolvent could end up with pennies on the dollar.

Dale Hanner, a former diesel mechanic and Teamster who now advocates for Central States participants in North Carolina, noted that some recipients are widows or widowers receiving already-reduced benefits of their spouses who passed away. He said he knows one woman, a diabetic, who gets $385 per month and needs it to buy her insulin.

“This is going to devastate people,” Hanner said. “It’s going to put them in survival mode and I don’t think Congress understands that.”

‘A Moral Obligation To Retirees’

Some pensioners are already seeing cuts to their monthly payments, due to a bill Congress passed and former President Barack Obama signed in 2014 allowing multiemployer plans that are in financial trouble to reduce benefits under certain circumstances. The law has been highly controversial since it watered down an earlier, landmark law designed to protect benefits. The Treasury Department has signed off on applications from 13 funds seeking to make cuts and has rejected five.

But the cuts alone won’t necessarily stave off insolvency for individual plans or the PBGC itself. Policymakers have toyed with other methods of stabilizing them, such as requiring higher contributions from employers or further raising the premium rates they pay to the PBGC. But they fear that doing so could spook more employers out of the plans, further burdening the remaining pool of contributors.

A bipartisan group of lawmakers has introduced legislation this year to finance loans for trouble plans, to be administered by a new agency that would be created inside Treasury. Pension funds would pay interest on the loans for 29 years and the principal would be due in the 30th, but the loans could be forgiven if plans couldn’t repay them. Even though the bill included four Republican and four Democratic co-sponsors when Rep. Richard Neal (D-Mass.) introduced it in January, many conservatives will likely balk at the idea of government-backed loans for private pension funds.

John Murphy, a Teamsters international vice president, said he expects the plan to pass the Democratic-controlled House but face a tougher road in the GOP-controlled Senate. He said if plans like the Teamsters’ go under, the federal government will lose taxes levied on pension benefits, while retirees will have to rely on social assistance programs.

“This is not a bailout,” Murphy said. “The official policy of this government is to protect workers’ pensions. I think that creates a moral obligation to retirees.”

He added, “These senators are going to have to look senior citizens in the eye and say ‘I’m not going to help you.’”

West Virginia lawmakers and the UMWA are pushing a plan to shore up the union’s pension plan with excess funds from the government’s abandoned mine land program, which provides grants to states to remediate polluted mining sites. The AFL-CIO federation of 55 unions has endorsed the miners’ plan. The legislation might do little for the Teamsters and other funds that are on the brink, but it would help restore at least one of the largest and most troubled plans to health.

Cecil Roberts, the president of the UMWA, said the key to any legislative fix is the support of Senate Majority Leader Mitch McConnell. The Kentucky senator hasn’t allowed any plan to go to the floor for a vote, but he is facing reelection next year and represents a big coal state. McConnell would want the pension issue taken care of before next fall, especially if Democrats can put up a viable challenger against him.

“He can either be the obstacle or the catalyst here,” Roberts said. “We’re hoping the senator realizes that there are a lot of retirees in Kentucky who need these pensions.”

Merriman hopes to make it to the miners’ next rally and lobbying effort at the U.S. Capitol, but his health issues don’t always make such trips easy. Now 67, he’s had five heart attacks and two open-heart surgeries. Much of his $981 monthly pension goes toward co-pays and medicine for him and his wife. Even with good health insurance through his union, retirement has become more expensive than he imagined.

At the end of the month, he added, “there’s really nothing left.”

UMWA reopen agreement on Murray Energy wages

Source: WV MetroNews

May 20, 2019

CHARLESTON, W.Va. — The United Mine Workers of America is reopening the collective bargaining agreement with the Bituminous Coal Operators Association in order to negotiate a wage increase with Murray Energy Corp. properties.

The UMWA said Monday the agreement has been in effect since August 2016 and contains provisions allowing either side to reopen the contract.

All subsidiaries of Murray Energy Crop. signed the agreement.

UMWA President Cecil Roberts said 2,000 active union members with Murray Energy have not had a raise since January 2016.

“They saved the company from going into bankruptcy when they ratified the current agreement, which did not have any wage increases and included modifications in their health care benefits and other provisions, in August 2016,” he said.

“Since that time, their hard work and tremendous productivity have brought Murray back from the financial brink. Today it is a successful, profitable, expanding company. There really should be no impediments to the two sides sitting down and reaching a fair agreement.”

The UMWA said in a statement it contacted the Federal Mediation and Conciliation Service about the decision.

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We believe that our country’s middle class was built by union-strong members like you, so we diligently research every benefit and tailor them to support you and other union members — we’re working hard, to make life a little easier for you.

 

 

How it Works—Solidarity, Savings and Support

 

  • Stand in Solidarity
    Did you know that there are more than 12 million union members in the United States? Because of our strength in numbers, we’re able to negotiate exclusive discounts and financial assistance programs just for union members and their families.
  • Savings and Unique Programs — Pay it Forward
    We pass along the exclusive benefits we’ve negotiated on behalf of union members directly to you. These benefits and programs are FREE to union members and their families. There’s no membership —if you’re a current or retired union member or a family member — you’re in.
  • Supporting Union Workers and Union-Made Products
    We’re union and we stand by union. We’re committed to supporting U.S.-based and union workers, right down to using union printers and union-made products in our offices and our staff are members of OPEIU, Local 2.

    We’ve negotiated with some of the biggest names and brands to get you the discounts you deserve and the benefits working union members need — such as hardship help, strike grants and disability benefits. We’ve got your back!

 

If You’re Union — You’re Eligible

 

As current and retired union members, you are automatically eligible for your union’s Union Plus Benefits — often times, your parents, spouse and children are also eligible.  No Union Plus membership, No Fees, No Waiting Period, No Hassle.

Don’t have access to a union job? Consider joining Working America for free.

 

What We Don’t Do

 

We don’t manage or use any union membership dues to finance our budget or benefits. Period.

We also don’t manage any union pension funds or health care funds.  Typically your union handles those benefits directly.

 

How to Get Your Union Plus Benefits

 

Getting started couldn’t be easier. Simply create a profile on our site, and start using your benefits and discounts today!

May 8, 2019 Press Release from Senator Manchin’s Office

 

 

For Immediate Release:       

ICYMI: MANCHIN READS LETTERS FROM WV RETIRED MINERS ABOUT PENSIONS AND HEALTHCARE ON SENATE FLOOR

Washington, D.C. – U.S. Senator Joe Manchin (D-WV) took to the Senate Floor today to read letters from two West Virginians, Richard and Gary. They both rely on their pensions to live in retirement and support their families, pay basic utilities and cover medical expenses.

Senator Manchin shared their stories to urge his Senate colleagues to pass the American Miners Act so that miners across the United States would have secure pensions and healthcare, two programs they were promised when they powered America with coal. Senator Manchin also sent a letter to Chairman Grassley and Ranking Member Wyden urging them to bring the American Miners Act to a vote.

 

To watch a video of Senator Manchin’s floor remarks, please click here

 

Read Senator Manchin’s letter below:

Dear Chairman Grassley and Ranking Member Wyden:

As the Committee continues to consider the extension of various expired tax credits that are critical to businesses and industries across the country, we ask you not to forget the promises made to America’s hard working and patriotic coal miners. Generations of our coal miners have spent years in the darkness providing us with the energy needed to power our lives and to make the steel that we have used to build the greatest nation in the world. Within the tax extenders package, we urge you to include permanent fixes to ensure the solvency of the United Mine Workers of America (UMWA) 1974 Pension Plan, healthcare benefits for the thousands of miners and their dependents who had them stripped away during last year’s bankruptcy proceedings, and an extension of the coal excise tax contribution rate that lapsed at the end of last year, threatening the benefits paid for by the Black Lung Disability Trust Fund.

On December 19, 2018, a group of us led a bicameral letter to leadership in the House and the Senate requesting that these three critical priorities be included in any end-of-year legislation. On January 3, 2019, we were proud to file the American Miners Act (S. 27) which addresses all of these issues. Today, we request your support for the inclusion of these priorities in the tax extenders package. The UMWA 1974 Pension Plan, started in 1946 under an Executive Order by President Harry S. Truman, constituted a unique federal guarantee to the health and welfare of coal miners. This fund was well managed but because of the 2008 financial crisis and ongoing coal bankruptcies, retired miners are at risk of losing these hard-earned benefits. In the past two years, contributions have dropped by more than $100 million, leaving less than $25 million per year still coming into the Plan. The average UMWA pension is a modest $600 per month, but it is critical to the 87,000 beneficiaries who depend on it. If the Plan collapses, these beneficiaries and their dependents would revert to the Pension Benefit Guaranty Corporation (PBGC). That would destroy the PBGC and leave taxpayers on the hook to foot the bill instead of the private sector companies that made these promises in the first place. If nothing changes, the Plan is on the road to insolvency by 2022. It will happen even sooner if additional bankruptcies ensue. The time to act is now.

Without action, coal company bankruptcies will continue to ravage our coal communities; leaving miners without the benefits they were promised. Because of the 2018 bankruptcies, there are approximately 1,200 miners and dependents who will be left without health care in the coming months.

We must act now to amend the Coal Act and include newly orphaned miners and their families resulting from the 2018 bankruptcies. These proud Americans should never have to choose between going to the doctor and putting food on the table.

Every day that we fail to act is another day that our coal miners struggle to fill their lungs with air because of the devastation of coal workers’ pneumoconiosis, or black lung disease, caused by the inhalation of coal mine dust. After these miners have dedicated their lives in the coal mines, it is our responsibility to ensure that they have the care and support that they need. We are seeing more and more severe cases of black lung, and we are now seeing it in younger miners who have spent less time in the mines. We urge you to reinstate and extend the coal excise tax contribution rate to $1.10 per ton of underground-mined coal and $0.55 per ton of surface-mined coal for ten years. This tax is critical for supporting the Black Lung Disability Trust Fund, which more than 25,000 coal miners and their dependents rely on for critical medical treatment and basic expenses.

Our nation’s coal miners have made life-long commitments to provide America with the energy needed to power us into prosperity, risking their lives and health in the process.

Colleagues on both sides of the aisle and in both houses of Congress have demonstrated their commitment to our miners. It is time for us to keep our end of the bargain, finish the job, and ensure that these benefits are secured and protected.

 

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