Miners’ union invites Democratic candidates to court coal workers

Source: NBC News

 

The union’s invitation to 23 presidential candidates comes as mining job losses continue under President Trump.

 

WASHINGTON — The United Mine Workers of America, the union representing mineworkers for nearly 130 years, has for the first time invited every Democratic presidential hopeful to tour a coal mine and to discuss their thoughts on finding a place for coal workers in their vision for the nation’s energy future.

In letters sent Monday to 23 Democratic presidential candidates and obtained by NBC News, the union’s president, Cecil E. Roberts, said many miners who have felt estranged from the Democratic Party for years are now interested in starting a dialogue.

“They want to talk to you, and they have a right to be heard,” Roberts said, inviting candidates to “demonstrate that Democrats are still the strong voice for working families that has long been the party’s tradition.”

The last Democratic presidential candidate to tour a mine with coal workers was John Kerry in 2004.

Mine workers were often the face of the “forgotten man” Trump vowed to prioritize in his 2016 insurgent campaign. As president, Trump has taken credit for what he has called a coal comeback after easing rules governing greenhouse gas emissions and the storage of toxic coal ash over the past two years.

But the reality is far different. Coal production is expected to hit a record low in 2019, according to the U.S. Energy Information Administration, a nonpartisan agency. And today, there are fewer people employed by mine operators and contractors than there were under President Obama, according to the Department of Labor.

“Coal-fired power plants have continued to close notwithstanding those rules,” UMWA spokesman Phil Smith told NBC News.

While the steepest decline in coal jobs came between 2012 and 2016, 2018 was a record year in terms of coal plant retirements in critical coal states including Kentucky, West Virginia and Ohio.

Just this past week, 600 miners in Gillette, Wyoming lost their jobs when Blackjewel LLC suddenly shuttered two mines.

In the meantime, miners and a landowners’ group are raising health, safety and environmental concerns due to huge open pit mines that aren’t being managed by trained experts, including spontaneous coal fires, explosives and abandoned clean-up operations.

Yet it’s unclear how miners and Democrats will agree on a plan to transform the nation’s energy future. Many Democrats have made addressing climate change a pillar of their campaigns amid historic flooding, hurricanes, heat waves and wildfires.

While they are rolling out plans to invest in clean energy technology in coal communities, 2016 Democratic presidential candidate Hillary Clinton’s experience is a cautionary tale. In her book, “What Happened,” Clinton said her biggest regret from the campaign was stating that her plan would put a lot coal miners out of business.

The miners have not sent a letter to Trump with a similar offer, said Smith.

“The miners kind of already know where President Trump is on their issues,” he said.

By Heidi Przybyla

Union leaders call for new MSHA silica standard

Source: Safety + Health

July 1, 2019

Washington — Alarmed by a recent spike in cases of coal workers’ pneumoconiosis, a deadly but preventable condition commonly known as black lung, union presidents Cecil Roberts of the United Mine Workers of America and Leo Gerard of United Steelworkers have sent a letter to Mine Safety and Health Administration leader David Zatezalo requesting stricter regulation of respirable silica dust.

In the letter, dated June 19, Roberts and Gerard cite extensive research documenting the impact of silica dust exposure on the resurgence of black lung. One study, released by the University of Illinois at Chicago in May 2018, found that more than 4,600 coal miners have developed the most severe form of black lung disease since 1970, with almost half the cases emerging after 2000.

Writing that MSHA’s current silica standards haven’t been updated since 1985 and are “in desperate need of revision,” Roberts and Gerard call for a new standard to protect miners from silica dust. The pair recommend MSHA follow the example of recent OSHA silica standards for construction and general industry and maritime, respectively, both of which lowered the permissible exposure limit by half to 50 micrograms per cubic meter of air over an 8-hour period.

A carcinogen found in sand, stone and artificial stone, crystalline silica also can cause other conditions such as silicosis – a chronic disease that involves scarring of the lungs – and chronic obstructive pulmonary disease. OSHA estimates that 2.3 million workers are exposed to silica dust annually.

“MSHA should consider the OSHA silica rule and then promulgate a new rule that is as, if not more, protective of miners,” the letter states. “Currently, our nation provides less protection from silica to miners than to any other group of workers. That is unacceptable.”

Additionally, the letter recommends MSHA:

  • Require the use of a recently developed NIOSH tool designed to provide post-shift assessments of mine workers’ exposure to silica.
  • Require more miners to be sampled.
  • Focus “special attention” on cutting activities that involve high concentrations of silica.
  • Work closely with NIOSH, the National Black Lung Association and similar organizations to share information and monitor trends.

According to the Department of Labor’s Spring 2019 regulatory agenda, released May 22, MSHA in July intends to issue a Request for Information on respirable crystalline silica.

Meanwhile, Roberts and Zatezalo testified during a June 20 hearing before the House Workforce Protections Subcommittee on MSHA’s measures to protect miners from black lung.

During his testimony, Zatezalo said MSHA’s RFI will focus on personal protective equipment, focusing primarily on helmets with respirators, which provide “clear air” to miners.

Roberts, however, said certain mine work makes it virtually impossible to wear that kind of PPE, as well as others. Zatezalo expressed optimism that MSHA could find a way to make the PPE less cumbersome, noting that OSHA’s silica rule allows compliance achievement through PPE while MSHA’s current standard doesn’t.

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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.