Senator Mark R. Warner: Fighting for Virginia’s Coal Miners

Source: Warner.Senate.gov

April 26, 2019

Dear Friend,

Throughout my time in the Senate, I’ve made fighting to protect the safety net for Virginia’s retired coal miners one of my top priorities. Unfortunately, some Virginia miners and their families are at risk of losing their benefits if Congress doesn’t act. Working with West Virginia Senator Joe Manchin, I’ve sponsored a bipartisan bill called the American Miners Act that would protect the pensions and healthcare benefits that miners all across coal country have earned through a lifetime of hard work.

Below you can read my op-ed, published in the Bristol Herald Courier, with more information about the American Miners Act and what I’m doing to fight for these miners and their families in Washington. I hope you’ll give it a read.

If there’s an issue that’s important to you or a question you’d like to ask, I invite you to send me an email and follow my work in the Senate on Facebook and Twitter. I look forward to hearing from you.

Sincerely,

 

 

 

Standing up for our retired miners and their families has brought coal state Republicans and Democrats together in the past. Now, once again, it’s time for representatives from both parties to put partisanship aside and go to bat for Virginia’s miners — before it’s too late.

Earlier this year, a federal court allowed the Westmoreland Coal Co., which operated the Bullitt Mine in Wise County, to sever its United Mineworkers of America (UMWA) union contracts with current and former workers. Now, more than 1,200 miners and their dependents around the country, including some 500 here in Virginia, stand to lose their pensions and healthcare coverage.

Frankly, it’s a disgrace that a company can go to court and leave its workers out in the cold, so that the company’s creditors can continue to get paid. We do need to reform our bankruptcy system, but right now my main concern is making sure these miners and their families don’t lose their hard-earned benefits. While these miners have reached a temporary settlement with Westmoreland to extend their health care benefits for a few months, the fact is, they will be left with nothing if Congress does not act soon.

That’s why I’ve teamed up with West Virginia Senator Joe Manchin to introduce the American Miners Act. This bill would preserve the Westmoreland miners’ pensions and health benefits by making them eligible for benefits under the Coal Act fund — a program for “orphan” miners whose companies are no longer operating.

These are hard working men and women who have endured years of back-breaking work in order to fuel the economic success of our Commonwealth. Now it’s time for the federal government to deliver on the promise it made to our miners.

In 1946, the federal government, under President Truman, made a promise to protect the hard-earned retirement and health care benefits of UMWA miners — to honor their hard work and sacrifice.

This landmark agreement gave America’s miners the security they needed and deserved. Since that time, they’ve worked hard and done everything that has been asked of them.

Now it’s time for the federal government to hold up its end of the bargain — for the Westmoreland miners, and for the thousands of UMWA retirees whose pensions are still in jeopardy.

We are coming up on the two-year anniversary of our bipartisan victory securing healthcare benefits for more than 22,000 miners and their families. This was an important win for coal country, but our work is not done yet. The pensions our miners have earned are still on the chopping block, and recent coal company bankruptcies like Westmoreland’s threaten the progress we’ve made so far.

Passing the American Miners Act will make sure that miners’ healthcare benefits and pensions will be protected going forward.

We also need to recognize that both UMWA and non-union miners across Virginia have experienced hardships, as their families have lost hard-earned benefits. All Virginia miners and their families deserve to be treated fairly and receive the benefits they have earned during their career as miners.

One of the ways we can do this is by making sure we preserve resources for those miners who have developed black lung disease. The American Miners Act strengthens the Black Lung Disability Trust Fund, which provides critical benefits for thousands of retirees suffering from this deadly disease. Coal miners in Southwest Virginia have been some of the hardest hit by black lung, and Virginia is ground zero for the recent outbreak of advanced cases of the disease known as complicated black lung.

Unfortunately, Congressional Republican leadership allowed a key funding source for the trust fund to expire in December. If we fail to restore funding for the Black Lung Disability Trust Fund, miners struggling with this debilitating disease may not have access to the high-quality care they deserve, beginning as soon as next year.

It’s far past time to fix this problem. Our miners have paid their dues and earned their benefits. Now it’s our turn to secure their healthcare and pensions and shore up the Black Lung Disability Trust Fund.

The President campaigned on a promise to take care of our coal miners, and frankly, so did I. Now is the time for us all to leave our Republican and Democrat hats at the door and work together to get this done. The federal government must not turn its back on a generation of miners who risked their lives and health to fuel our nation.

###

UMWA’s President Roberts to speak in Grundy on 30th anniversary of Pittston strike

Source: Dickson Star

April 10, 2019

“Solidarity: The 30th Anniversary of the Pittston Coal Strike” will be the topic of Buchanan County Public Library’s Local History Wednesday Workshop, April 17, 2019 at 2 p.m.

Cecil Roberts, the current president of the United Mine Workers of America, will look back on the Pittston Coal Strike that began in April of 1989. The strike would center around Southwest Virginia, especially Buchanan, Dickenson, Russell and Tazewell Counties.

During the 10-month long strike, Roberts served as the on-the-scene leader and day-to-day negotiator for the union. In addition to sharing his memories of that time, he will offer his insights into the state of the labor movement today and explore the future of the union.

Roberts, a native of Kanawha County, W.Va., has served as president of the UMWA since October of 1995. His length of service as president is second only to John L. Lewis.

The workshops are part of the library’s effort to promote and preserve the history of Buchanan County. All Wednesday Workshops are free and open to the public.

The library is located at 1185 Poe Town Street in Grundy. For more information, please call 276-935-5721 or visit our website at www.bcplnet.org.

United Mine Workers of America gather in Central City to show support against pension crisis

April 13, 2019

CENTRAL CITY, KY (WFIE) – The United Mine Workers of America gathered in Central City on Saturday to show their support against the ongoing pension crisis.

Both retired and current coal miners sat side-by-side as they heard members running for office tell them they wanted to help.

In just a few years, coal miners will lose their pensions. That means there will be no money for them after they retire from jobs they say they spent most of their lives at.

The UMWA plans to go to Capital Hill sometime this summer to lobby and fight to keep their pensions.

Written by: Aria Janel

The Passing of Brother Maynard Daniel

April 12, 2019

It is with great sadness to relay to you the passing of former District 17 Secretary-Treasurer Maynard Daniel.  His wife Lois Jean Daniel was the former secretary for District 30.

Brother Daniel was born February 4, 1932. He passed away at the age of 87 on Wednesday, April 10, 2019. The family will be holding two services for Brother Daniel, one for his family in Kentucky and another for his friends and family in West Virginia.

“Brother Daniel was a long-serving elected official of District 17, first as an auditor then eventually the Secretary-Treasurer of the District. Even after his retirement he stayed dedicated to the Union often helping local unions in the area with filing their reporting forms with the federal government,” said President Roberts. “He was a mentor to me after I became Vice President of District 17 in 1977. He was a very dear friend of mine and he will be truly missed by all who were fortunate enough to know him.”

 

 

Kentucky Service:

Date: Saturday, 4/13/19

Visitation: 11:00 a.m. – 1:00 p.m.

Service: 1:00 p.m.

Location: Bluegrass United Church of Christ – 500 Don Anna Drive, Lexington, KY 40511

 

West Virginia Service: 

Date: Sunday, 4/14/19

Visitation 12:00 p.m. – 2:00 p.m.

Service 2:00 p.m.

Location: Armstrong Funeral Home – 39687 Coal River Rd Whitesville, WV 25209

A burial service will follow at the Pineview Cemetery – 21557 Coal River Rd, Orgas, WV 25148

Workers Describe Fear of Losing Pensions as Lawmakers Tackle Multi-Employer Plan Problems

Source: Workday Minnesota 

April 10, 2019

ILLINOIS

For 33 years on Chicago’s South Side, Blue Island resident James Morgan helped bake Wonder Bread.

“When you’re in an industrial bakery, the work is difficult and demanding,” he says. And he did every job there was in that Wonder Bread plant, from slicing and wrapping to shoveling 50 pounds of dough at a time into the ovens.

It gave him a good middle-class life…but now he wonders if it’s going to be gone.

That’s because several years ago, Wonder Bread’s new owners, a group of private financiers, announced they were suspending the company’s contributions to the multi-employer pension fund which Morgan and his fellow members of Bakery, Confectionery and Tobacco Workers and Grain Millers Local 1 had faithfully paid into.

They couldn’t afford it, the owners said. They promised to resume in a few months. They never did. Instead, they declared bankruptcy and closed the plant. And, with bankruptcy court permission, the financiers walked away from millions of dollars in pension obligations, while paying themselves nice fat checks, also with the court’s OK.

That left Morgan, a former Local 1 shop steward, and his co-workers and friends out in the financial cold. Don’t worry, he thought. He had his pension, plus a part-time job in a school. Or so it seemed.

But now that multi-employer pension fund Wonder Bread used to contribute to is in or headed for the “red zone” of such funds. It’s bleeding cash as the number of companies in it – especially after the 2008 Great Recession hit – crashed and the number of active workers did, too, victims of the joblessness that slump caused. The number of pension fund clients soared.

If that fund collapses, Morgan is left with zero. “I stand to lose being independent and taking care of my family,” he told lawmakers on March 7. “I’m 67. Not too many people would hire a 60-some-year-old these days. I need my pension for food and medicine.”

That BCTGM fund is one of approximately 100 multiemployer pension plans projected to run out of money in the next 20 years, lawmakers learned at the hearing, the first of several on the problems plaguing those pension plans. They cover an estimated 1 million-1.5 million workers nationwide.

They’re union members, because companies and unions jointly run those multi-employer pension plans. They’re Teamsters, BCTGM members, United Food and Commercial Workers members at groceries and warehouses, Steelworkers, Electrical Workers, Seafarers, Mine Workers, Machinists and others. Especially Mine Workers.

And their multi-employer plans all suffer from the same financial ills: Too few workers and too few firms putting money in, and more and more retirees to care for.

The workers supposedly have a backstop: The federal Pension Benefit Guaranty Corp. (PBGC), set up to take over pensions for workers when companies walk away, buy their way out of contributions or avoid their obligations and dump their workers by declaring bankruptcy, as Wonder Bread did.

There are two problems with that scenario, though, other witnesses told the House Education and Labor subcommittee that deals with pension problems. One is PBGC’s average yearly payout per worker is $12,365. The average pension promised to each covered worker in a multi-employer plan: $27,300. “These aren’t golden parachutes,” one witness said.

And the other is the PBGC trust fund that handles the multi-employer plans suffers from the same financial ills its clients do: Fewer firms contributing, more bankruptcies and company walkaways, more aging workers, widows and dependents to cover. It’s $54 billion in the hole. It could run out of savings – leaving only company contributions – by 2025.

In short, unless Congress does something and quickly, Morgan says, one day he could wake up with a pension of zero. So could more than a million other workers, witnesses said.

That brought Morgan, along with members of the other unions facing multi-employer pension plan problems, to Congress to urge lawmakers to fix this mess, fast. It’s particularly acute for the Mine Workers, whose delegation of several dozen from Pennsylvania, Ohio and West Virginia spent three days in D.C. lobbying legislators.

The UMWA pension funds are in particular peril and they have a particular claim on the federal government: It set them up just over 70 years ago, funded by a per-ton tax on coal.

But there are now so few coal companies and so many “orphan” ex-miners and their widows to take care of – miners whose firms went broke, leaving remaining companies to pick up the tab – that the UMWA funds could go broke within months. And in interviews before the hearing started, they’re even more worried than Morgan is. Though they didn’t say so, the prior GOP-run Congress ducked the issue.

“Our pension will be nothing because in 2007, the stock market hurt us real bad,” followed by coal company bankruptcies, says John Sismondi of United Mine Workers Local 2300 in Waynesburg, Pa. If the UMWA multi-employer plan went belly-up, “We’d have nothing. My wife is working now, but she has medical problems,” he adds.

“And try to find a job after you’re 65 years old,” adds retiree Norman Sams of Local 762 in Uniontown, Pa. He’s worried not so much for himself, but for his widowed mother, Donnie, aged 87, surviving on her miner husband’s pension – which is a little over $400 monthly. If the UMWA plan tanks, and the feds take over, that could be cut by $100 monthly or more.

So while the lawmakers took testimony and subcommittee Democrats, led chair Frederica Wilson, D-Fla., promised to move quickly, the workers wait, worry and lobby. This was the second UMWA delegation to walk congressional halls in three weeks.

Morgan and his allies got a positive reception for their problems from committee Democrats and all but one Republican. Indeed, Wilson and the top GOPer on the panel, Rep. Tim Walberg, R-Mich., together drafted legislation, HR397, to try to solve the problems.

“This is a promise for a secure retirement” that prompted workers “to put on hold” wage increases so more money could go to pensions, said Rep. David Norcross, D-N.J., a building trades leader in his state who is very familiar with multi-employer plans. “If we do nothing, the system crashes and takes everyone down with it.”

The lone dissenter was former committee chair Rep. Virginia Foxx, R-N.C., who once questioned the need for unions at all. She called HR397 “a bailout.”

“The fundamental point about pensions is that they’re not charity,” responded Rep. Andy Levin, D-Mich., a former AFL-CIO deputy organizing director. “They (workers) put the money aside themselves and shame on us if we don’t provide it.”

“I was on the union bargaining committee” with Wonder Bread “and we’d negotiate wage increases of 35 cents or 40 cents an hour, and we’d take 12 or 13 cents of that and put it into the pensions,” Morgan said. Unless Congress acts, that money they earned is gone.

As a result, other witnesses noted, the pensioners, deprived of their income, would have to turn to public programs – food stamps, housing aid and the like – to stay alive.

To try to solve the problems, the bipartisan bill, the Rehabilitation for Multiemployer Pensions Act, would provide low-cost long-term repayable federal loans to funds in financial trouble, financed by 30-year government bonds. Estimates of the long-term costs of the bonds range from $34 billion-$100 billion. Estimates of the costs to government to aid the bereft pensioners are at least double that.

The funds could use the loans to both shore up their finances by making responsible investments while not cutting benefits for current retirees, a committee fact sheet says.

That would solve one big problem from the last time, several years ago, when Congress’ GOP majority tackled the multi-employer pension fund issue. Its law, passed in a rush at the end of the session, let financially troubled plans cut current benefits – in some cases by 40 percent or more – to try to guarantee future solvency, subject to a federal OK. Several unions and pro-union senators strongly opposed it. Now they wouldn’t have to do that.

Labor appears to be united behind HR397. Backers include BCTGM, the Steelworkers, the Machinists, the Teamsters, the Food and Commercial Workers, the Electrical Workers and the Boilermakers, and the American Association of Retired Persons. HR397 will move, but not immediately, Morgan said afterwards.

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Source: Union Plus

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Roberts promises miners they will win the pension fight in Congress

Source: WV Metro News

April 03, 2019

CHARLESTON, W.Va. — The fight is continuing for active and retired coal miners in West Virginia and across the country for their pensions.

Cecil Roberts, United Mine Workers of America (UMWA) International President, was in Charleston Wednesday updating hundreds of members of UMWA District 17 on the battle in Congress that he says will end on their side.

“We are going to win this,” Roberts told MetroNews. “The only question is when. If you don’t quit, you’re going to win at some point. I feel like we have plenty of support to get this done.”

The conference centered around miners in the 1974 Pension Plan who might lose their benefits by 2023 if Congress does not act. Roberts said during the conference that over 83,000 miners get pensions from the 1974 plan.

According to UMWA, more than 106,000 active miners and their widows’ pensions may become insolvent in the coming years.

Roberts said the miners have received support on both sides of the aisle as this is not a partisan issue, but a moral issue in keeping promises.

“It was a promise made in 1946,” Roberts said. “It was confirmed in ’90, confirmed in ’92, confirmed in 2006 and confirmed again in 2017. It’s not a question of it being a promise but it should be a movement by now.”

 

If the miners’ pension plans collapse in the coming years, the Pension Benefit Guarantee Corporation would collapse as well, said Roberts. As a result of that, he said if the miners’ plans become insolvent, almost every state in the union will be touched.

UMWA and Congressional allies are seeking a solution through S. 27, the Americans Miners Act of 2019, and H.R. 935, the Miners Pension Protection Act.

He said the plan can be fixed for $3 billion but the money seems to go to the wrong people.

“We’ve watched this Wall Street bailout after the great recession, which caused this problem,” Roberts said. “It bailed out everybody that caused the problem but everyone that was adversely affected by it, who worked for a living.”

Miners from multiple states were in the crowd on Wednesday, including West Virginia, Ohio, Kentucky, and Virginia.

All were told by Roberts to continue to keep an eye out on Congress and remember to vote for politicians who vote for the miners.

Written:

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Source: Union Plus

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APNewsBreak: Federal black lung fund in danger of drying up

Source: AP News

March 19, 2019

COEBURN, Va. (AP) — Former coal miner John Robinson’s bills for black lung treatments run $4,000 a month, but the federal fund he depends on to help cover them is being drained of money because of inaction by Congress and the Trump administration.

Amid the turmoil of the government shutdown this winter, a tax on coal that helps pay for the Black Lung Disability Trust Fund was cut sharply Jan. 1 and never restored, potentially saving coal operators hundreds of millions of dollars a year.

With cash trickling into the fund at less than half its usual rate, budget officials estimate that by the middle of 2020 there won’t be enough money to fully cover the fund’s benefit payments.

As a surge of black lung disease scars miners’ lungs at younger ages than ever, Robinson worries not only about cuts to his benefits, but that younger miners won’t get any coverage.

“Coal miners sort of been put on the back burner, thrown to the side,” Robinson said recently, sitting at his kitchen table in the small Virginia town of Coeburn, near the Kentucky border. “They just ain’t being done right.”

President Donald Trump, who vowed to save the coal industry during the 2016 campaign, has repeatedly praised miners. At an August rally in West Virginia filled with miners in hard hats, he called them “great people. Brave people. I don’t know how the hell you do that. You guys have a lot of courage.”

Trump made no mention of restoring the 2018 tax rate in his proposed budget released in mid-March.

The White House said in a statement Tuesday that “President Trump and this administration have always supported the mining industry by prioritizing deregulation and less Washington interference.”

Senate Majority Leader Mitch McConnell, whose home state of Kentucky is third in the nation in coal production, told reporters in October the tax rate would “be taken care of before we get into an expiration situation.”

That didn’t happen. McConnell spokesman Robert Steurer didn’t repeat that pledge this week; rather, he wrote in an email, “benefits provided through the Black Lung Disability Fund continue to be provided at regular levels” and that McConnell “continues to prioritize maintaining and protecting the benefits.”

Trump and McConnell have reaped large contributions from the coal industry, according to the political money website Open Secrets.

Trump received more than $276,000 during the 2016 presidential election from political action committees and individuals affiliated with coal companies. His inaugural committee received $1 million from Joe Craft, CEO of Alliance Resource Partners in Tulsa, Oklahoma, and $300,000 from the Murray Energy Corporation, the nation’s largest privately-owned coal-mining company.

McConnell received more than $297,000 in coal industry donations since 2014, when he was last up for election.

Congress established the trust fund in 1978. Until the rate expired, money came from an excise tax of $1.10 per ton on underground coal and 55 cents on surface-mined coal that brought in $450 million last year. Rates fell to about 50 cents and 25 cents when lawmakers failed to act on its Dec. 31 expiration date.

The fund provides health benefits and payments to about 25,000 retired miners. Most worked for companies that are now bankrupt. Many, including Robinson, struggle to breathe as their lungs are slowly stifled by tiny dust and particles trapped there.

Robinson was 47 when he was diagnosed, part of a wave of younger miners that doctors and experts say have been swept up in a new black lung epidemic in Appalachia. Robinson, now 53, and others who depend on the fund are disappointed in McConnell and other leaders who typically enjoy miners’ support.

“I just feel that Mitch McConnell has let the citizens of Kentucky down, especially the miners,” said Patty Amburgey, whose husband, Crawford, died of black lung disease at age 62 in 2007. She draws a monthly widow’s payment through his black lung disability benefits. “And now there’s an epidemic of black lung.”

Dr. Brandon Crum has watched that epidemic unfold at his Pikeville, Kentucky, radiology clinic. In less than four years, Crum has seen 200 miners diagnosed with a severe form of black lung disease, called pulmonary massive fibrosis. The nation had 31 such diagnoses in the 1990s, according to the National Institute for Occupational Safety and Health.

“We’re looking at men in their 30s and 40s on oxygen, being evaluated for lung transplants,” Crum said. “Those are usually middle-age individuals with younger families, so it affects their wives, a lot.”

His findings were published by the Centers for Disease Control and Prevention in a December 2016 report that showed a shockingly high level of severe black lung cases at his clinic.

Amburgey, of Letcher County, Kentucky, said there will be fewer benefits for the growing number of younger miners with black lung if the fund is depleted. Robinson said he’s now worried the trust fund’s “pot of money will dry up.”

West Virginia Sen. Joe Manchin and other coal-state Democratic senators are pushing a bill to shore up the fund by restoring the larger tax for 10 years. Manchin said in a statement that lawmakers “cannot continue to allow these solutions to be put off again and again.” That bill is in a Senate finance committee.

The mining industry supported the increased tax rate’s expiration, calling the effort to maintain it an unnecessary tax increase. The National Mining Association, which speaks for the industry, says the lower rate “will be sufficient to cover monthly benefit costs for the fund.” The group argued extending the rate would lead to job losses.

The May 2018 GAO report contradicts that claim, saying the fund’s beneficiaries could multiply “due to the increased occurrence of black lung disease and its most severe form, progressive massive fibrosis, particularly among Appalachian coal miners.”

The increase in younger black lung sufferers will put more pressure on the fund, as the industry continues to shrink.

“I think people always thought they would get (black lung) if they worked long enough in the mines, but I think it’s a disease they thought would affect them at the end of their life, in their 70s or 80s,” Crum said .

Amburgey says Trump reneged on his pledge to support miners.

“Mr. Trump promised that he would bring the mines back and take care of the miners, and that is not happening,” she said. “He promised us a snowball in July.”

 

Written by: Dylan Lovan