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UMWA files emergency motion: Westmoreland prematurely announced modifications to benefits

President Roberts said, regarding the article below:

“Bankruptcy Courts have allowed the coal industry to forgo $4 billion in withdrawal liability from the 1974 Plan in the past four years. Now, Westmoreland presumes that they do not have to wait for a Court decision to unilaterally cancel its obligations to its long-term employees. This is unacceptable and until bankruptcy laws are changed, this blatant disregard for the lives of working Americans will continue to happen.”

 

Source: Kemmerer Gazette

The United Mine Workers of America have filed an emergency motion in a Houston bankruptcy court arguing that Westmoreland Coal Co. has violated its obligations and bankruptcy court procedure.

In the motion filed on Feb. 8, UMWA lawyers state that Westmoreland prematurely announced on Jan. 23 that employee pension plan benefits would be frozen in March. Those benefits are part of the collective bargaining agreement between UMWA miners at the Kemmerer mine and Westmoreland Coal.

On Jan. 16, Westmoreland officially asked permission of the bankruptcy court to give them authority to reject the collective bargaining agreements and modify retiree benefits for Kemmerer miners, but a hearing on that motion has not yet taken place.

The UMWA argues that Westmoreland “circulated notices announcing that employee pension plan benefits for UMWA employees at the Kemmerer and Beulah mines will be frozen, effective March 10, 2019.”

The union lawyers called the announcement an “anticipatory breach” that was done without court approval and a violation of proper procedure.

“These notices caused a surge of panic in UMWA represented employees at both the Kemmerer and Beulah mines, and the UMWA has been inundated with letters from angry and panicked union workers,” UMWA lawyers state in the motion.

The union attached several of those letters as part of the emergency motion.

“How can this company send me a letter stating that my benefits would be ended in March without a court hearing or even a decision after a hearing on the matter?” said a letter to the bankruptcy court from Kemmerer miner Robert Clarke.

Other letters pleaded with Judge David R. Jones to uphold justice and ethical business practices.

UMWA says that the union employees are entitled to enforcement of the CBAs. The union says that because Westmoreland prematurely published the notices saying the pensions would be modified without obtaining court approval, that is cause for the bankruptcy court to reject their motion that the CBAs should be denied.

UMWA states that the debtors are still obligated to provide the defined benefit pension plans, and that Westmoreland knows they still have this obligation.

“The unilateral termination of benefits and resulting labor unrest makes a potential labor strike even more likely,” the UMWA lawyers state in the motion.

In the emergency motion, the union lawyers point out that Westmoreland expressed “continued willingness to meet with the UMWA” even after filing the motion asking authority to reject the agreements.

“Despite these representations, and the disingenuous implication that the debtors seek only authority to reject the CBAs, the Debtors unilaterally modified their obligations to fund the defined benefit pension plans just one week after filing their 1113/1114 motion,” UMWA lawyers state in the Feb. 8 emergency motion.

A hearing on the UMWA’s emergency motion and on Westmoreland’s motion to end the collective bargaining agreements will be held on Feb. 13, at 1:00 p.m., in Houston, Texas.

Written by:  Theresa Davis

CBS live-streaming news network to unionize

Source: The Hill

CBSN, the digital arm of CBS News, has become the first major live-streaming news network to unionize, according to an announcement by the Writers Guild of America, East.

“The WGAE recognizes that the news business has become increasingly platform-agnostic,” WGAW Executive Director Lowell Peterson said in an announcement Wednesday.

“People watch and read news on television screens and computer screens and smartphone screens (and on radio). Our members are committed to creating compelling content for all of these screens, and our union is committed to representing people who do this work on all screens,” Peterson continued.

Peterson wrote that it was “vital” that people working in streaming services secure the same “equal workplace protections” as their peers in broadcast and digital media.

WGA East will now handle collective bargaining efforts of CBSN’s 55 writers, producers and graphic artists.

CBSN, based in New York as CBS News headquarters, launched in 2014 in becoming the first round-the-clock digital streaming news network.

WGA East has represented traditional CBS News members since the news organization was formed in 1954.

Securing Retired Miners’ Pensions

Source: The Intelligencer – Wheeling News Register

Tens of thousands of retired coal miners and their families face financial roof collapses if Congress does not act to prevent them.

When the United Mine Workers of America 1974 Pension Plan was established, no one foresaw a time when it could become insolvent. But — in part because of a government-caused recession in much of the coal industry — that time is at hand. Within a few years, the pension program may run out of money.

U.S. Rep. David McKinley, R-W.Va., wants to do something about that. He has introduced a bill, HR 935, aimed at protecting retirement payments under the 1974 pension plan.

Enactment of the measure, co-sponsored by nine other representatives, would not be a simple government bailout of the miners’ pension plan. It rests on a restructuring that should keep the program viable long into the future.

As has been pointed out, if the program collapses, taxpayers could be on the hook.

“Miners put their lives on the line every day to produce the energy that powered our nation’s economic engine,” McKinley pointed out. “We need to keep our promise to them, so they have peace of mind and certainty for the future.”

Precisely. This is a looming catastrophe for as many as 100,000 retired miners and their families. It will not resolve itself.

McKinley and HR 935’s co-sponsors are right: Now is the time for Congress to act on the miners’ pensions.

Lawmakers Make New Push for Retired Miners

Source: E&E News

Lawmakers have renewed their bid to fix the United Mine Workers of America pension problem while also extending health care help to even more union miners as coal companies continue to go bankrupt.

Rep. David McKinley (R-W.Va.) returned with the latest version of the “Miners Pension Protection Act” last week after a special joint congressional committee failed to reach a broader pension deal last year.

H.R. 935 aims to rescue pensions for more than 100,000 coal retirees whose former companies dropped their retirement obligations during bankruptcy (E&E News PM, Nov. 29, 2018).

“The UMWA plan is projected to be insolvent by 2022 or sooner,” McKinley said. “We need to act soon and avoid this looming crisis.”

The bill would allow the UMWA pension plan to dip into Treasury funds set aside for the Abandoned Mine Land (AML) cleanup program and expand the total available from $490 million to $750 million.

Two years ago, Congress used the same pot of money to shore up health care benefits for many of the same miners, but split off pensions (E&E Daily, April 27, 2017).

A pension bailout gets support from Republicans in Eastern coal states, but fiscal hawks see no difference between the UMWA and droves of imperiled private pension funds.

The union argues that taxpayers will have to spend more money if UMWA pensioners bankrupt the federal Pension Benefit Guaranty Corp. as expected, but also that a series of federal actions dating back to 1946 constitute a “promise” to safeguard all miner benefits.

“We have a moral obligation to ensure that their hard-earned pensions are there when they retire,” said Vermont Democratic Rep. Peter Welch, one of four Democrats and four Republicans co-sponsoring McKinley’s bill.

At the same time, House Education and Labor Chairman Rep. Bobby Scott (D-Va.) wants to expand the pool of miners guaranteed health care by the federal government.

H.R. 934 would update current protections to include miners whose companies declared bankruptcy in 2018, namely Westmoreland Coal Co. and Mission Coal Co. (Greenwire, Dec. 18, 2018).

Senate Democrats led by West Virginia Democrat Joe Manchin have combined expanded health care coverage and pensions into a single bill.

  1. S.27 would also restore the black lung tax rate to 2017 levels. The tax, which pays health benefits for roughly 25,000 miners, dropped by half at the end of last year (E&E News PM, June 4, 2018).

“We cannot continue to allow these solutions to be put off again and again,” Manchin said.

“For these retired miners, their pensions and health care benefits are the difference between paying their mortgage or being kicked out of their home, it’s the difference between putting food on their tables or going hungry.”

Written by: Dylan Brown

Ten Things To Know Before Purchasing A Home

Source: Union Plus

Are you planning to buy a home this year? The more information gathering you do before making your decision, the greater your satisfaction is likely to be before, during and after your move. To get you started, here are ten things to know before buying a home. When you are ready to buy a home, contact Union Plus Mortgage Company, a union-owned company that provides home financing options for union members and their families.

Buying your first home is a big investment – one that can affect your lifestyle and your credit. The more information gathering you do before making your decision, the greater your satisfaction is likely to be before, during and after your move. To get you started, here are ten things to know before buying your first home.

  1. How much you can afford: Consider all costs involved, including the down payment, closing costs, your monthly mortgage payment, taxes and maintenance, insurance and any applicable association fees.
  2. Your credit score: Credit is an agreement to borrow money with the promise that you will pay it back later through scheduled payments. Good credit may get you a lower rate on your loan. To learn about credit and how to get your score, watch our “Credit Score” module.
  3. The homebuying process: From the pre-approval decision through inspections and the closing, the homebuying experience involves many steps. Make sure you see the big picture before you start by watching our “Considering Home Ownership” module.
  4. Your financing options: Rates, terms, discount points and other details vary by loan type and with your credit. If you’re ready to take the next steps, find out what’s available to you by calling 855-864-6653 to discuss your options.
  5. The right real estate agent for you: Real estate agents specialize in a variety of areas and are each familiar with different neighborhoods. Choose one who you feel best aligns with your needs and personal preferences.
  6. The neighborhood: Safety, commute times, noise and other surrounding factors can influence your quality of life. Make sure you visit the area, walk around the neighborhood and get a feel for the community. Take the time to research the community online to learn of any upcoming developments that may impact the housing market in that area, and look for other red flags that may impact your choice to live there.
  7. The school district: Even if you don’t have children, you should consider the rating of the school district where you are planning to live. The school district where your home is located will have a direct impact on your taxes. And while low taxes may seem appealing because you don’t have children, strong school districts are a top priority for many home buyers, so this can help to boost your property value and your bottom line when you choose to sell. It’s important to weigh the pros and cons for your situation now and in the future.
  8. The state of the market: Is it a buyer’s or a seller’s market? Can you get more house for less if you wait a little longer? Timing can be crucial in determining the total cost of your first home.
  9. Comparable prices: How much do similar homes in the surrounding area cost? You may want to compare houses in several neighborhoods to make sure you’re getting a good value. Ask your real estate agent for information about comparable properties (or “comps”) to determine how much to offer.
  10. How your taxes will change: While home ownership comes with additional expenses like taxes and interest fees associated with your mortgage, you may be able to deduct your mortgage interest and real estate property taxes come tax season. Consult with your tax advisor for details specific to your individual situation.

Westmoreland Coal creditors to take over its core assets

Source: S&P Global

Westmoreland Coal Co.’s creditors are slated to take over its core assets after the company did not secure another qualified bid for the mines.

The creditors served as a stalking horse bidder during Westmoreland’s Chapter 11 proceedings and will acquire the coal producer’s core assets, including its Canadian business and operations at its San Juan and Rosebud mines, in exchange for debt relief. Westmoreland canceled a core asset auction scheduled for Jan. 22 since there were no other bidders, according to a Jan. 21 filing with the U.S. Bankruptcy Court of the Southern District of Texas, Houston division.

The company received several bids for its Buckingham coal mine in Ohio and intends, pending the court’s approval, to sell the mine to an as-yet-unformed holding company for $1 million and pay between $16 million and $20 million to the same entity to take on the assets of another 15 Ohio and Kentucky mines. Experts said high reclamation costs associated with the operations likely influenced the low price tag on the Buckingham mine and payment to transfer the other operations.

Westmoreland said in the filing that it received bids for other noncore assets, though they were not qualified. Those assets may include the Absaloka and Savage mines in Montana, the Beulah mine in North Dakota, the Haystack mine in Wyoming and the Jewett mine in Texas. The company will continue to evaluate bids, but those assets may be acquired by the creditors as well.

The sale of the noncore assets hinges largely on whether the bankruptcy court allows Westmoreland to shed its collective bargaining agreements with the United Mine Workers of America and $329.4 million in retiree benefits, which the creditors refuse to take on, according to a Jan. 16 filing.

The court will hold a hearing on that proposal at 9 a.m. CT Feb. 4 in Houston.

Written by: Ellie Potter

Navajo Nation considers NGS purchase

Source: White Mountain Independent

Faced with an estimated 23-percent decline in tribal revenues from the planned December 2019, closure of the Navajo Generating Station power plant and Kayenta Coal Mine that supplies the fuel, the Navajo Nation is forging ahead with efforts to take over the operations.

The Kayenta Coal Mine is owned by Peabody Coal Company.

The NGS powerplant is owned by Arizona Public Service, Tucson Electric Power, Salt River Project, U.S. Bureau of Reclamation, and NV Energy. The owners decided to close the powerplant in 2017. The group claimed that the powerplant was unable to compete with plants using natural gas.

Coal powered production of electricity nationwide is declining rapidly. According to the American Coalition for Clean Coal Electricity, in the last eight years, around 40 percent of the capacity of the nation’s fleet of coal-fired power plants has either been shut down or is designated for closure.

But that grim trend has not discouraged the Navajo Nation, the sole owners of the Navajo Nation Transitional Energy Company (NTEC), which acquired the Navajo Mine in 2013. The Navajo Mine has supplied coal to power the Four Corners Power Plant in Fruitland, New Mexico for 50 years.

In July 2018, NTEC took another stake in coal-fired electricity, paying a reported $70 million for a 7 percent stake in two of the production units at the Four Corners Power Plant. The two units were owned by Arizona Public Service, one of the owners who are closing the NGS plant this year.

There were a couple of suitors in line in the last year to possibly acquire the NGS powerplant and Kayenta Coal Mine, but those deals fell through.

According to a report in the Navajo Times, NTEC has assembled a team of energy experts to advise the company.

In a news release, NTEC CEO Clark Moseley is quoted as saying, “We believe there is a clear and beneficial path forward to acquire and operate both NGS and Kayenta Mine as a vertically-integrated entity.”

The tribe and NTEC will have to act swiftly if they plan to prevent the closure of the plant.

Should the tribe be successful in their efforts to acquire and operate the plant and keep the Kayenta Coal Mine open it would also help Navajo County, who receives about $1.5 million in tax revenue from the the Kayenta Mine, which is in Navajo County.

Written by: Terence Corrigan

AFL-CIO 2019 Dr. Martin Luther King Jr. Civil and Human Rights Conference

The Fierce Urgency of Now

Join hundreds of social justice professionals, activists and community leaders in Washington, D.C., for the 2019 AFL-CIO Dr. Martin Luther King Jr. Civil and Human Rights Conference.

In Dr. King’s famous 1963 March on Washington for Jobs and Freedom speech, he told a divided nation that we need one another and that we are stronger when we march forward, together. Now, more than 50 years later in these trying times, his words still ring true. We are in the midst of great political and social unrest. We have witnessed devastating rollbacks and attacks on our rights in recent years. But we have an opportunity to come together, lift up one another and strategize collectively for the future of our dreams.

The time is now, and when we join together Jan. 18–21, 2019, to celebrate the legacy and dream of Dr. Martin Luther King Jr., we will call on all working people to rise up with courage and conviction in a demand for economic and racial justice.

We are now faced with the fact that tomorrow is today. We are confronted with the fierce urgency of now. In this unfolding conundrum of life and history, there ‘is’ such a thing as being too late. This is no time for apathy or complacency. This is a time for vigorous and positive action.”
—Dr. Martin Luther King Jr.

Dates: January 18 – 21, 2019

Location: Washington Hilton – 1919 Connecticut Ave. NW, Washington, D.C

Click here to register for this event!

For more information reach out to the AFL-CIO here.

Workers of bankrupt Westmoreland Coal take fight to protect retirees to company’s Englewood doorstep

Source: The Denver Post

As Westmoreland Coal Co. tries to emerge from bankruptcy, union members from one of its mines are picketing at the company’s headquarters in Englewood to protest efforts to cut retirees’ health insurance and pensions.

Sarah Myers, an employee at Westmoreland’s mine in Kemmerer in southwest Wyoming, said Thursday the union wants to keep workers’ concerns front and center as the bankruptcy case proceeds.

“We’re just trying to get our voice out there. We’re just trying to represent ourselves,” Myers said.

Myers wasn’t in Englewood on Thursday, but she said miners from Kemmerer are taking turns picketing Westmoreland’s headquarters each week, Monday through Friday.

The company didn’t return a request for a comment Thursday afternoon. No one answered the general phone number at the company’s headquarters.

Colorado-based Westmoreland, the country’s sixth-largest coal-mining business with 19 mines in six states and Canada, announced in October that it had filed for Chapter 11 bankruptcy. It entered into a restructuring agreement with lenders in the face of $1.4 billion in debt.

Westmoreland employs nearly 3,000 people across its operations, which include mines in Wyoming, Montana, New Mexico and North Dakota, and several subsidiaries. It has no mines in Colorado.

An Oct. 23 letter obtained by The Denver Post details Westmoreland’s proposed changes to the company’s agreements with the United Mine Workers of America. The proposals include freezing retirees’ pensions and eliminating their medical benefits.

The company has also proposed abolishing union contracts if the mines are sold. Westmoreland has said in court filings that potential buyers of its operations won’t make offers if it means taking on the pension and medical costs.

Richard Morgan, the UMWA’s district representative, said about 2,500 retirees, including union members in Trinidad, Raton, N.M., and Beulah, N.D., would be affected by the company’s proposals. As part of the bankruptcy proceedings, Westmoreland and the union are supposed to renegotiate the contracts, with talks scheduled to wrap up Feb. 13.

“The retirees’ medical benefits are the main sticking point,” Morgan said.

In 2017, Morgan said Congress passed a bill to protect the medical benefits of about 22,600 coal miners and their families who faced losing health care coverage after Patriot Coal, a spin-off of Peabody Energy, filed for bankruptcy.

Morgan said layoffs at the Kemmerer mine, which employs nearly 300 people, are anticipated sometime in the next three or four months because of losses of contracts.

Westmoreland is among several coal companies that have filed for bankruptcy protection or continue to struggle as concerns about greenhouse gas emissions from coal-fueled power plants have grown. Natural gas and renewable energy sources have become increasingly more economical than coal.

Written by: 

Resources for Members Impacted by Government Shutdown

Source: Union Plus

If you are a union member who participates in certain Union Plus programs and have been impacted by the 2019 Federal Government shutdown, you may be eligible for financial assistance through the Union Plus Furlough Grant Program.1

$300 Furlough Grant

For eligible Union Plus Credit Cardholders2 who are furloughed or excepted due to the federal government shutdown.

  • Must be a Union Plus Credit Cardholder for at least 3 months and in good standing on the date the federal shutdown began.
  • Apply for a one-time grant at unionplus.org/hardship.

Capital One’s customer assistance program offers a number of options that could help customers whose income is disrupted as a result of the federal government shutdown and can help provide personalized assistance to those in need. For help, cardholders should contact: 1-800-622-2580.

Union Plus Mortgage

Mortgage Assistance Loan & $300 Grant
For eligible Union Plus mortgage holders who are out of work or asked to work without pay due to an involuntary furlough that lasts for at least 15 consecutive calendar days.

  • Must be a Union Plus Mortgage holder for at least 12 months and in good standing at time of the qualifying event.
  • Your income must be reduced by an amount equal to at least 50% of the monthly mortgage payment.
  • Interest-free loan to cover up to 6 months of mortgage payments and a $300 grant paid directly to the member.
  • Apply for grant at unionplus.org/hardship.

Wells Fargo is offering assistance on case-by-case basis. Members may qualify for forbearance or other payment assistance programs based on their individual circumstances.

For help, members should contact: 1-888-818-9147 Monday through Friday, 6:00 a.m. to 10:00 p.m. Central Time, Saturday, 8:00 a.m. to 2:00 p.m. Central Time.

Credit Counseling

Money Management International

  • Money Management International offers a FREE consumer credit counseling session, budget analysis, and money management advice to members. Call 1-877-833-1745.
  • Webinar: When the Income Decreases but the Bills Don’t: Financial Help During and After Furlough
    • Discuss a 4-step process to assist in managing finances during and after a furlough includes tips for working with creditors and creating a priority-based spending plan.
    • Friday, January 11, 2019 at 11:00 a.m. and 3:00 p.m. Eastern Time (the Webinar will be recorded and posted for those unable to make the live sessions).
    • Sign up to for the 3:00 p.m. webinar.
Union Plus Personal Loan

First National Bank of Omaha is offering assistance on a case-by-case basis: members may qualify for fee waivers or other payment assistance programs based on their individual circumstances. For help, members should contact 1-888-283-5228 Monday through Friday, 8:00 a.m. to 7:00 p.m. Central Time and Saturday, 9:00 a.m. to 2:00 p.m. Central Time.

Union Plus Auto Insurance

For those not receiving a paycheck from the federal government as a result of the current shutdown, MetLife Auto & Home may grant a one-time, 30-day grace period on your payment of premium on a MetLife Auto & Home policy. Members must request this one-time allowance by calling 1-800-GET-MET8. Certain restrictions apply and premium remains due after delay expires.

Union Plus Life and Accident Insurance

The Harford will offer qualified policyholders a payment grace period. For additional information, call 1-800-393-0864.