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Government, advocates eye new federal silica-dust standard to stem resurgence among coal miners

Date: 9/24/2023
Author: JUSTIN VELLUCCI
Photos: SHANE DUNLAP
Tribune-Review

 

 

 

Mark Rankin left the coal mines, but the coal mines haven’t left Mark Rankin.

Stocky and broad shouldered, the retired Uniontown-area coal miner trekked to a Washington County health clinic to see if recent coughing and tightness in his chest could be black lung. Rankin worked for years stripping coal in Soberdash Coal Yard near Connellsville, Fayette County.

Sporting denim, a shiny belt buckle bearing an M, and cowboy boots, Rankin spoke in clipped sentences at Lungs at Work, a black lung clinic in Peters Township — the closest one to Pittsburgh. He punctuated occasional words with a slight drawl.

Mark Rankin, 73, a former coal miner of Haydentown, undergoes testing for black lung at Lungs at Work, a black lung clinic for coal miners in Washington County.



“I’ve had (breathing problems) before, but I never paid attention to it,” said Rankin, 73, of Haydentown, a postage stamp-sized community in Fayette County. “I always thought that if something’s not bothering you too much, don’t bother it.”

Black lung is debilitating coal miners at its highest rates in 50 years. Formally called coal workers’ pneumoconiosis, black lung occurs when miners inhale coal dust. Over time, continued exposure to coal dust scars the lungs, impairing the ability to breathe, according to the American Lung Association.

The federal government and advocacy groups are stepping up efforts to combat the resurgence.

The Mine Safety and Health Administration, an agency of the federal Department of Labor, plans to enact a proposal restricting how much silica dust a miner can breathe during a shift.

Because coal seams are smaller than in previous decades, miners now must cut through more rock, MSHA said. Prolonged exposure to silica — the sometimes white, sometimes pink dust produced when cutting rock such as quartz — may cause black lung, other lung diseases and cancer, medical experts said.

A comment period closed Sept. 11 on the proposal, which MSHA hopes will stem the black lung spike. Officials expect to implement the new standard after announcing a timeline this fall.

In late August, Rankin sat in a 6-foot-tall plethysmograph cylinder at the Lungs at Work clinic, clamped his nose shut and prepared to test his breathing.

“Normal breathing, OK?” patient care coordinator Joanna Szalay told him.

“Now, go!”

Rankin puffed furiously into a mouthpiece.

“In and out! Faster, faster!” Szalay blared. “Take a deep breath in, now push it out! You keep blowing, you keep pushing!”

After a few takes, Rankin was exhausted. He put his hand to his chest.

“I can feel that right there now. I can feel that it’s tightened up since I started,” Rankin said. “But I never let that stop me. I always look at it this way: ain’t nothing easy, not about anything.”

Now he waits.

The clinic said, even if the tests indicate black lung, it will take Rankin 18 months or longer for the federal government to decide whether he’s eligible for black lung benefits.

Registered respiratory therapist Joanna Szaley, left, works with Mark Rankin, a former coal miner of Haydentown, during a breathing test at Lungs at Work, a black lung clinic for coal miners in Washington County.

 

Black lung resurgence

Rates of black lung have more than doubled in the past 15 years, and incidence of the disease’s most severe form are at the highest levels in more than a generation, according to the National Institute of Occupational Safety and Health.

Today, 1 in 5 veteran coal miners in central Appalachia will be diagnosed with black lung, officials said.

Pennsylvania, which sits in what is called northern Appalachia, is rich in coal history.

In 2021, the state was the nation’s third-largest coal producer, behind Wyoming and West Virginia, according to the U.S. Energy Information Administration. There are more than 2,100 mines in Pennsylvania employing more than 11,000 people, the DEP and MSHA said.

Allegheny County has only seven active mines — none in the City of Pittsburgh — but there are 18 in Westmoreland County, 32 in Greene County and 39 in Butler County, the state Department of Environmental Protection said. Lawrence County tops the regional list with 50 active mines.

The region also is home to the largest underground coal mine complex in North America: the Pennsylvania Mining Complex, located in Greene and Washington counties. The Consol Energy-owned facility produces about 28.5 million tons of coal each year — more than half the coal Pennsylvania produced in 2022, the U.S. Energy Information Administration said.

Consol Energy, a coal producer based in Canonsburg, Washington County, and others with mining interests in Pennsylvania and northern West Virginia did not return calls or emails seeking comment for this story.

There also are mine operations in Armstrong County, which sits just outside what the U.S. Census Bureau calls the Pittsburgh Metropolitan Statistical Area. Last year, the DEP granted Rosebud Mining, a Kittanning-based company that operates several local mines, a permit for a new, 280-acre surface mine in Cambria and Somerset counties.

 

Map courtesy Appalachian Regional Commission

 

Black lung kills 1 of every 3 miners

Black lung has no cure. And it kills.

The progressive disease kills about 1,000 miners a year — and more than 76,000 in the past 50 years, according to MSHA. That’s almost one-third of the 235,000 U.S. coal miners who died between 1979 and 2017, the Centers for Disease Control and Prevention said.

Progressive massive fibrosis, or PMF, is the most severe form of black lung. Coal miners reported about 4,700 PMF cases to the federal government between 1970 and 2016, a 2018 study in Annals of the American Thoracic Society found.

PMF cases among black lung benefits claimants fell from 404 in 1978 to a low of 18 cases in 1988, the study found. But that number shot up to 353 cases by 2014.

A total of 67 PMF cases were reported at Pennsylvania clinics from 2019 to 2023, according to the University of Illinois Black Lung Data and Resource Center.

The center could not provide the total number of Pennsylvania miners killed by black lung. Neither could MSHA.

In addition to Lungs at Work, there’s a second Washington County black lung clinic in Fredericktown. UPMC, which declined comment for this story, operates another in Altoona.

The new MSHA rule — which applies to all miners, not just those mining coal — aligns the industry with 2016 Occupational Health and Safety Administration guidelines, said MSHA Assistant Secretary Christopher Williamson.

Coal accounts for just 20% of operating mines nationwide; the rest mine metals and nonmetals.

“It affords all miners the same level of protection other workers have,” Williamson said. “We know silica is a toxic substance, and we know what the health effects of it are. … That’s what we’re trying to prevent with this proposed rule.”

 

Retired coal miner Cecil Palmer, pictured at his home in Marion County, W.Va., was diagnosed with black lung in 2017. His brother, who worked with him in the region’s coal mines, also has black lung.

 

Feds take heed

Government officials are paying attention.

In 1969, Congress enacted the Federal Coal Mine Health and Safety Act to establish black lung benefits. In 1972 came the Black Lung Benefits Act, which started monthly payments to miners with black lung.

Black lung cases dropped through the 1990s. By 2012, though, the rate had increased tenfold, the Center for Public Integrity reported.

In 2014, pushing back on a rising tide of black lung cases, MSHA restricted how much coal dust a miner could breathe during each shift. The new rule on silica was under review even before the 2014 coal-dust restrictions, MSHA said.

U.S. Sen. Bob Casey, D-Scranton, and other elected leaders have advocated to update miner health laws. Last year, President Joe Biden signed the Inflation Reduction Act of 2022, which continues to secure federal black lung benefits for sickened miners.

Coal miners, unions, industry groups and elected leaders told the Tribune-Review they support the new silica dust rule.

“The safety and health of our nation’s miners is the primary concern of all our members,” said Ashley Burke of National Mining Association, a 250-member industry group. “Over the last two decades, effective ventilation controls, implementation of industry best practices, strict adherence to mine ventilation control plans, increased operator and miner safety awareness, and the 2014 dust rule have all contributed to exponentially lower dust levels inside the mine.”

Casey called the proposal “a step in the right direction.”

“Coal miners have moved our nation forward for generations, risking their lives and their long-term health to power our factories and heat our homes,” Casey told the Trib. “We also have an obligation to miners suffering from black lung disease, as well as their families.”

This year, Casey pressed the Government Accountability Office to reevaluate black lung benefits. Such benefits are tied to federal pay scales and not the Consumer Price Index, which measures inflation, his office said.

Some worry those benefits haven’t kept up with inflation.

When black lung benefits started in 1969, single miners received $144.50 per month, according to an Appalachian Voices and Appalachian Citizens Law Center report. Adjusted for inflation, the 2023 figure should be $1,204.70; current law, though, allows for $738 per month.

Rebecca Shelton, director of policy at Appalachian Citizens Law Center in Whitesburg, Ky., supports the new silica dust rule — but with reservations.

“The Mine Safety Act says that, legally, any mining operation should not impair the health of the worker,” Shelton said. “Even if this rule goes forward, a lot of people are going to get sick and a lot of families are going to continue to be devastated by this illness, even though we know it’s preventable.

“And the gut punch is that we’re saying, ‘That’s OK,’ because we want to run more coal.”

 

New rule’s effect watched

MSHA’s new rule, the first for silica, restricts the dust exposure to 50 micrograms per cubic meter of air for a miner’s eight-hour shift. For reference, NASA said a typical droplet of rain weighs about 33,000 micrograms.

The proposal also includes exposure sampling and corrective actions such as penalties when exposure exceeds permissible limits, said Williamson of MSHA. This supplements MSHA inspections of U.S. mines that occur four times a year.

But some say the proposal lacks teeth.

“I think (the new rule) has the potential to do a lot of good, but as it’s written, I’m not sure it’s going to end this epidemic,” said Dr. Drew A. Harris, medical director of the black lung program at Stone Mountain Health Services in Virginia. “We can design a rule with good intentions, but if companies don’t follow those rules, it won’t help.

“I’m not convinced this is going to be the end of black lung.”

United Mine Workers of America, an 80,000-member union based in Virginia, feels stringent enforcement is essential.

“We have known for years that rising levels of silica in mine atmospheres was causing a dramatic increase in progressive massive fibrosis,” UMWA President Cecil E. Roberts said. “But this fight is far from over. This is the first step of many that will be required.

“We must ensure that mine operators follow the rule, the government enforces it and penalizes those who violate it.”

Enforcement manpower is an issue, Shelton said. Since 2013, MSHA’s staff numbers— or full-time equivalents — have dropped about 30%.

A group of 35 organizations, including some in Western Pennsylvania, pushed U.S. senators in May to increase MSHA funding in 2024 to $447 million, “particularly for staff to increase inspections at coal mines,” according to a letter obtained by the Tribune-Review.

Biden allotted $438 million in his 2024 budget to MSHA, a 13% increase from this year. Congress has not yet taken action. It must enact the spending package by Sept. 30 or risk a government shutdown.

“This administration has prioritized both miners’ safety and their health,” Williamson said. “Whatever resources Congress gives us, we’re going to make the most of it.”

 

Registered respiratory therapist Joanna Szalay works with retired coal miner Larry McKelvey, 72, of Somerset to test his breathing at a black lung clinic for coal miners, one of two in Washington County.

 

Miners’ stories

Cecil Palmer toiled for 15 years at the #2 mine in Blacksville, W.Va., about 20 miles northwest of Morgantown and just a mile off the Pennsylvania border. A sign near the now-shuttered mine marks the location of the Mason-Dixon line.

In 2017, about five years before he retired, Palmer started having trouble breathing. One day, he barely could scale the 13 steps from the first floor of his house to his bedroom.

“By the time I got to the top of those steps, I thought I was gonna pass out — it was that bad,” said Palmer, 63, who lives on a four-acre property with rolling hills outside Fairview, W.Va. “I just couldn’t breathe. I felt like I was having a heart attack.”

He was diagnosed with black lung in 2017. He started receiving benefits about 18 months later.

His brother, John, worked at the same mine for decades. He also was diagnosed with black lung.

Today, John Palmer sleeps assisted by oxygen. He said he’s lucky if he gets four hours of sleep a night.

“In my heart, all those men I worked with for 35, 40 years, they all have black lung — and to the government, to the companies, we were just a number,” said John Palmer, 68, who lives in Monongah, W.Va., about 12 miles away from his brother.

“If they told me, ‘You should have a respirator,’ I’d wear one,” he added. “I know how it was at #2, and I tried to make it as best I could for my men. If my men were working, I was working. And I’m paying the fiddler now.”

Coal is in the brothers’ blood.

The Palmers’ dad, Cecil Sr., worked 11 years in West Virginia mines and developed emphysema, his sons said. He died suddenly in 1967 following a heart attack. His youngest son was just 8.

But with Cecil and John Palmer, the coal mining legacy ends.

“Coal mining’s been good to my family, I can’t lie,” said John Palmer, a former UMWA president for Local 1570. “But my boy never had to go into a coal mine — and I thank God.”

Cecil Palmer has two children and, with wife Barbara, three stepchildren.

“I wouldn’t let them go into those coal mines now,” he said. “No way in hell.”

Gary Hairston worked for more than 27 years in places like West Virginia’s Tommy Creek Mine or New River Coalfield, whose mining history dates to the 1870s.

Hairston, now president of the advocacy group National Black Lung Association, was diagnosed with the most severe form of black lung in 2002 — at age 48 — after battling pneumonia for a year.

“We said we wouldn’t get it. We said we couldn’t get it,” said Hairston, now 69. “You don’t think you can get it until you’ve got it.”

 

Mark Rankin, a former coal miner of Haydentown, undergoes testing for black lung at Lungs at Work, a black lung clinic for coal miners in Washington County.

 

At a black lung clinic

Lynda Glagola is a respiratory therapist who moved to the Pittsburgh area 45 years ago.

In 2002, after treating miners at a Canonsburg Hospital black lung program, she founded Lungs at Work. Since then, the clinic has been based 21 miles outside of Downtown Pittsburgh in an unassuming Route 19 office park in Peters Township, Washington County.

“If you’re talking Pennsylvania, this is where the coal miners are,” she said.

Glagola has helped diagnosis thousands of black lung cases — she estimated about 500 or 600 each year. Lungs at Work has raised more than $30 million in black lung benefits since starting advocacy work in 2005.

Clinic doctor David Celko grew up in the Harwick section of Springdale Township, where in 1904 a mine blast killed 179 miners. It remains one of the worst mine tragedies in American history.

 

Mark Rankin, a former coal miner of Haydentown, undergoes testing for black lung at Lungs at Work, a black lung clinic for coal miners in Washington County.

 

“My respect for miners has expanded exponentially as I’ve worked with these guys,” Celko said. “They’re very, very proud, hard-working, God-fearing men and women. And they tend to minimize any symptoms they have.”

M7, the public-relations agency for Consol Energy, did not return multiple calls and emails seeking comment. Officials from Patriot Coal Corp. — a now-bankrupt company that operated several mines in Appalachia, including one where Rankin worked — did not return calls seeking comment. Blackhawk Mining, which is based in Kentucky and reportedly acquired multiple Patriot Coal mines, also did not return calls.

Occupational hazard: Impaired breathing

Bethel Brock dropped out of high school at age 15 and started working alongside his father in the southwestern Virginia coal mines.

He worked 27 years for Westmoreland Coal Co. and was diagnosed with black lung in 2003. He started getting government benefits in 2015.

Today, at 83, Brock requires the constant use of oxygen.

“I pray a lot for my lungs to last,” he said. “I pray that I don’t have to smother someday.”

Willie Dodson, central Appalachian field coordinator for Appalachian Voices, said he has “never met a miner who is older than 40 who doesn’t have some degree of impaired breathing.”

“‘I was bulletproof till the day I could hardly walk out of the mine’ — I’ve heard that a lot,” Dodson said. “If these problems aren’t addressed, in 10, 20 years, what we’ll see is that who’s getting black lung is not going to change at all.”

Brock’s legs, weakened from a lack of oxygenated blood, keep him from tending a garden where he has planted vegetables for years.

Still, Brock keeps active.

When his mine closed in 1995, the miner, then 55, pursued a law degree at the University of Virginia. After graduating, he worked with a lawyer for eight years on coal miners’ black lung cases.

“We have an epidemic of black lung,” Brock said. “We have miners in their 30s waiting on lung transplants.”

He paused.

“I’ve been blessed.”

Local Union 717 Ratifies New Contract

 

On June 16, 2023, Local Union 717 members at the Rem Arms plant in Ilion, New York, ratified a new contract, bringing an end to their long struggle to preserve jobs and the UMWA after Remington Arms filed for bankruptcy in 2020 and shuttered the Ilion plant.

As a result of the 2020 bankruptcy, the company’s assets were divided in parts and sold to different investors across the country. One of those investors, the Roundhill Group, LLC, successfully bid on the Ilion property and equipment in a shuttered Alabama plant at the UMWA’s urging. The company began hiring workers back to the plant in early 2021, when it signed a bridge agreement with the UMWA that provided basic protections for the workforce while a new agreement was negotiated.

“When Remington Arms filed for bankruptcy in 2020, it looked as if the Ilion plant would close for good,” said President Roberts.  “The bankruptcy put tremendous pressure on our members of Local Union 717, their families and their communities, but we never quit fighting for those jobs.”

“We were successful in encouraging a new buyer that would keep the plant open and secure the jobs and livelihoods of our members.  The struggle then was to hash out a collective bargaining agreement with the new owner, which we have now accomplished after more than two years,” Roberts said.

 

President Roberts wearing his Remington Arms ball cap attended a rally with members of Local Union 717 and others on November 12, 2020.

 

The mounting pressure on our members at the plant in Ilion began back in 2020 when 585 UMWA workers received a letter in the mail advising them they would be terminated.  “Our membership was in shock, devastated, full of fear of the unknown,” said International District 2 Vice President Chuck Knisell.

“Imagine working for a company for 20, 30 years and without any notice at all having to figure out how to support your family.  It is without a doubt the worst feeling in the world.  Over the last couple of long years, our membership has stuck together and rallied, prayed and hoped for a new contract.  Because of our membership of Local 717 and their solidarity, that’s what happened,” Knisell said. 

From the time Remington first filed for bankruptcy, UMWA members in Ilion found themselves gaining support from local businesses, churches and politicians.  Members of Local 717 were able to provide food on the tables for their families and provide for their children through the holiday seasons due to donations from various food banks, charities and other community members who supported them.   

“There is strength in numbers and when you have a community that is willing to dive in and help from the very beginning, that is just a tremendous thing to do,” said President Roberts. 

“Our members in Ilion have been through a lot since 2018, but they never gave up, they never gave in and they never wavered from their determination to fight for their jobs and their union.  They were the driving force to reaching a collective bargaining agreement. I thank them and the members of their community who showed support during a very troublesome couple of years,” Roberts said.

 

Timeline of Major Events

  • March, 2018, Remington Arms files for bankruptcy, emerges relatively the same.
  • July, 2020, Remington Arms files for bankruptcy a second time; company announces it is shutting down Ilion plant.
  • October, 2020, Remington Arms lays off 545 hourly workers.
  • November-December, 2020, Local 717 leads weekly rallies outside of the plant.
  • UMWA files several motions in bankruptcy court to get some level of compensation for workers, ultimately wins compensation for some vacation pay.
  • March, 2021, UMWA reaches bridge agreement with RemArms, LLC, to reopen the plant.
  • April, 2021, plant reopens, begins recalling UMWA members.
  • August, 2022, the recall members list was exhausted. RemArms began hiring new workers off the street. 
  • September, 2022, UMWA members rally in Ilion, New York.
  • 2021-2023, negotiations ongoing between UMWA and Remington Arms.
  • June, 2023, tentative agreement is reached, contract ratified by Local Union 717 members.

 

Remington Arms has employed thousands of American workers and created economic prosperity in central New York for almost 200 years.  The UMWA is proud to represent those workers and the communities where they live. —Cecil E. Roberts —

 

Picketing outside of the Remington Arms plant on November 12, 2020.

 

Solidarity was key to victory

The mounting pressure on our members at the plant in Ilion began back in 2020 when 585 UMWA workers received a letter in the mail advising them they would be terminated.  “Our membership was in shock, devastated, full of fear of the unknown,” said International District 2 Vice President Chuck Knisell.

“Imagine working for a company for 20, 30 years and without any notice at all having to figure out how to support your family.  It is without a doubt the worst feeling in the world.  Over the last couple of long years, our membership has stuck together and rallied, prayed and hoped for a new contract.  Because of our membership of Local 717 and their solidarity, that’s what happened,” Knisell said. 

From the time Remington first filed for bankruptcy, UMWA members in Ilion found themselves gaining support from local businesses, churches and politicians.  Members of Local 717 were able to provide food on the tables for their families and provide for their children through the holiday seasons due to donations from various food banks, charities and other community members who supported them.   

“There is strength in numbers and when you have a community that is willing to dive in and help from the very beginning, that is just a tremendous thing to do,” said President Roberts. 

“Our members in Ilion have been through a lot since 2018, but they never gave up, they never gave in and they never wavered from their determination to fight for their jobs and their union.  They were the driving force to reaching a collective bargaining agreement. I thank them and the members of their community who showed support during a very troublesome couple of years,” Roberts said.

 

Rem Arms is Ilion.  Ilion is Rem Arms

“We worked tirelessly since 2020 trying to convince the company to do the right thing, which was simply to hold up its end of the bargain it made with our members,” said District 2 Representative Jamie Rudwall. 

The newly ratified collective bargaining agreement expires June 15, 2026. “We have represented workers at the Ilion plant since 1995,” said Secretary-Treasurer Sanson.  “We have close to 300 members back to work at the plant now.  We are extremely proud of their perseverance over the last couple of years.  It was a long process, but our members can finally have a little bit of peace of mind knowing that their jobs are secured.  At the end of the day, solidarity prevailed,” Sanson said.

“We have been at the negotiating table with Roundhill Group for nearly two years fighting for a collective bargaining agreement.  Because of the continued efforts of strength and solidarity from the workers, the new agreement would not have been possible.   —Brian Sanson—

The legacy of the United Mine Workers of America

This Labor Day, we explore the history of a labor organization that spurred the growth of many others in the U.S.—and made a lasting impact on economic justice for all.

DATE: 8/24/2023
SOURCE: AFSC
AUTHOR: Rick Wilson, Director of AFSC’s West Virginia Economic Justice Project

 

Photo: AFSC Archives

 

In happier times, my home state of West Virginia was known as a union stronghold. This tradition of labor action and struggle goes back to at least 1877, when railroad workers in Martinsburg set off something close to a nationwide general strike. 

It continued as coal miners faced company and government repression, including brutal private mine guards, military intervention, airstrikes, legal injunctions, arrests, and imprisonments.  

On my watch with AFSC, I’ve tried to support the struggles of unions on picket lines and at the policy level, ranging from metal workers to building trades to retail workers to teachers and school service workers. Sometimes things got a little wild.  

I’ve made it an informal but unbreakable rule that whenever a good labor dustup happens within my range to drop everything and show up. I’m probably at least as loyal to unions as to the church I belong to … but if I had to choose between them, all bets are off. 

For people unfamiliar with the labor movement, there are three main kinds of unions: craft unions representing primarily skilled trades; industrial unions representing workers at all skill levels in a sector; and public employee unions such as those representing education workers or government employees. The AFL-CIO, the largest U.S. federation of unions, comprises around 60 unions of different types and industries. 

Where I come from, you’ll hear people talk about this or that union, but when they say the union, there’s one they have in mind: the United Mine Workers of America. Coincidentally or not, AFSC has a long history of supporting this union and the workers and communities it represents. Over a century ago, AFSC began providing food assistance and supporting economic alternatives for unemployed miners and their families. More recently, it has supported UMWA members in strikes, legislative struggles, mine safety, and corporate bankruptcies that threaten retirees and surviving family members. 

People outside Appalachia may think of the UMWA, if at all, as a relic of an earlier age and a dying and dirty industry. In fact, even though its membership has dramatically declined over the last decades, it has arguably had the greatest impact on economic justice of any single organization. To the extent there’s still a middle class in this country, much of that is due to its direct and indirect influence.  

The UMWA was founded in 1890 by the merger of the Knights of Labor Trade Assembly No. 135 and the National Progressive Miners Union. At a time when most unions represented skilled craft workers—mostly white, U.S. born, and male—the new union’s first goal was “to unite in one organization, regardless of creed, color or nationality, all workmen eligible for membership, employed in and around coal mines, coal washers, and coke ovens on the American Continent.” It was thus an early example of an industrial union, one that tried to represent all workers in a sector. 

 

AFSC Archives

 

The union’s progress in West Virginia was slow and sometimes bloody. It was long known that the state was rich in coal and other minerals, but it required the coming of the railroads to make large-scale extraction economically feasible. Outside investors began gobbling up land and mineral rights and displacing mountain families, generally with the support of state politicians.  

Let’s just say the good guys lost that one.  

After wiping out most of the state’s old-growth forests, corporations began building coal camps in isolated mountain communities and instituting a system of total control, including company towns, company stores, company doctors, armed company mine “guards” to enforce obedience up to and including the use of violence, and company-controlled schools and churches. In many cases, workers were paid with company scrip or currency. Those with the temerity to organize or strike faced eviction from company housing, at the very least. 

Companies actively recruited African Americans from the deep South, mostly white locals, and recent European immigrants to the camps. They hoped a “judicious mix” of different ethnicities would prevent union organization. 

They were wrong. 

From Colorado to West Virginia miners struggled, sometimes physically, for the right to organize, with something like guerilla warfare breaking out in my state during the Paint and Cabin Creek areas in 1912-1913. The struggle inspired writer Ralph Chaplin to pen the song “Solidarity Forever,” an international anthem of the working class. More militant struggles followed, including the 1921 Battle of Blair Mountain, the largest workers’ uprising in American history. So far. 

It wasn’t until the New Deal era that the right of miners to organize was firmly established. For a generation or two… 

And in the 1930s, the UMWA, under the leadership of the theatrical and sometimes confrontational John L. Lewis, launched the Congress of Industrial Organizations (CIO), which initiated vast organizing drives in steel, auto, rubber, and other industries. Unafraid to confront the highest levels of authority, he once said “you can’t mine coal with bayonets.” 

During the CIO organizing drive, he proclaimed with characteristic flourish, “Let the workers organize. Let the toilers assemble. Let their crystallized voice proclaim their injustices and demand their privileges. Let all thoughtful citizens sustain them, for the future of Labor is the future of America.” 

These organizing drives eventually won union recognition along with higher wages, better benefits, and improved working conditions for millions of American men and women. These new industrial unions, such as the United Auto Workers (UAW), would become strong financial and political supporters of the Civil Rights Movement. 

This was not lost on the Rev. Dr. Martin Luther King Jr., an ardent supporter of the labor movement. In his words, “During the ’30s, wages were a secondary issue; to have a job at all was the difference between the agony of starvation and a flicker of life. The nation, now so vigorous, reeled and tottered almost to total collapse. The labor movement was the principal force that transformed misery and despair into hope and progress.  

“Out of its bold struggles, economic and social reform gave birth to unemployment insurance, old-age pensions, government relief for the destitute and, above all, new wage levels that meant not mere survival, but a tolerable life. The captains of industry did not lead this transformation; they resisted it until they were overcome. When in the ’30s the wave of union organization crested over our nation, it carried to secure shores not only itself but the whole society.” 

The wave that Dr. King spoke of has unfortunately receded over the last 40 years, with devastating consequences. But it remains an example of what can be done when working people act in solidarity. 

So year-round, but especially on May Day and Labor Day, I celebrate the victories and mourn the defeats of the world’s diverse labor unions. However, one union has pride of place. In more ways than one, it lit the way in many dark places. 

Associate Membership Spotlight

Carol Smith

 

Carol Smith has been an associate member since 2018 but has supported the UMWA for far much longer.

Her husband, Carl “Sonny” Smith, is a retired coal miner from Local Union 2161 in District 12. Carol has lobbied on Capitol Hill fighting for health care and pensions, made phone calls to politicians, attended as many rallies as possible, and said many prayers for her UMWA brothers and sisters.

“Carol has been to Washington, DC, helping fight to keep our members and their families’ health care and pensions,” said International District 12 Vice President Steve Earle.

“She is an extremely dedicated associate member and we are beyond grateful to have her.”

 

Lorin E. Kerr Scholarship Winners!

The UMWA has announced the winners of the 2023-2024 Lorin E. Kerr Scholarship. Each of the winners will receive $2,500 this academic year to assist them in meeting their educational goals.

 

Tyler Leonard

Tyler Leonard is the grandson of Local Union 1810 member Lawrence Leonard, Sr., in District 31.

“My parents struggled with fair wages in a labor market that does not benefit those who work hard with no education,” said Tyler. “I want to make a difference in the labor movement by helping workers and their families.’

Tyler is from Bellaire, Ohio, and graduated from St. John Central High School. He is extremely passionate about politics and is currently attending Columbus State Community College majoring in political science.

After this semester, he will attend West Liberty University to earn a Bachelor of Arts degree in political science.

Upon graduation, Tyler plans to enter law school at Ohio State University. “My goal is to practice law and become a judge within the Supreme Court of the United States,” said Tyler. “I plan on utilizing this scholarship to acquire my degree in political science and then move into law school.

I have been inducted into the Phi Theta Kappa national honor society and plan on coming home with my degree to give back to the community that raised me.”

 

 

Christa Bedford

Christa Bedford is the granddaughter of Local Union 2245 member Terry Lathem in District 20.

“Safety should be the number one priority in the workplace,” said Christa. “A company that cares for its workers is a company that will achieve great success.”

Christa is from Lake View, Alabama, and graduated from Brookwood High School. She is pursuing a Bachelor of Science in Nursing from the University of Alabama, with the goal of becoming a pediatric oncology nurse.

“I plan to nurture all future patients and genuinely care for them as needed,” said Christa. “I am passionate about my education and am constantly trying to better myself and the people around me.”

“I plan to further my education at the University of Alabama Capstone College of Nursing,” said Christa.

“I am committed to decreasing my student debt as much as possible so that I can focus on helping others.”

Christa is a member of the Student Government Association as an Ambassador, on Green Team, National Technical Honors Society, and Beta Club.

 

 

 

Coal miners plead with feds for stronger enforcement during emotional hearing on black lung rule

Source: APNews

August 10, 2023

 

BEAVER, W.Va. (AP) — Laboring to breathe, West Virginia coal miner Terry Lilly told federal regulators Thursday he is appreciative the U.S. government is finally considering a proposal to limit the poisonous rock dust causing a severe resurgence of black lung.

But Lilly said the rule — a half-century in the making — will mean nothing if there aren’t strict enforcement mechanisms in place to ensure companies comply.

“Cheating the samples is what we need to stop. If we can stop this, we can save some lives,” said Lilly, asking officials to excuse him as a took a pause to catch his breath. He’s now limited to 40% lung capacity, he said.

Lilly was one of the dozens of miners and advocates who came to the historic coal-mining county in West Virginia’s southern coalfields to discuss a proposed rule from the federal Mine Safety and Health Administration that would cut the current limit for silica dust exposure in half.

During an emotional, hours-long hearing — the second of three before public comment on the proposal ends next month — miners spoke about their fear of retaliation for speaking up about unsafe dust levels and being asked by companies to help falsify samples. They said the government needs more inspectors to spend more time in the mines making sure existing rules are followed. Otherwise, new regulation won’t make a meaningful difference, they said.

“When I speak about this, people look at me like I’m stupid,” Lilly, who said miners don’t always feel like the federal government takes their concerns seriously. “I’ve got 30 years of experience. I know the tricks and how they operate.”

President of the National Black Lung Association Gary Hairston, who lives in neighboring Fayette County, said that too often, miners have to choose between their safety and their livelihood.

“We can fix this when we start making the coal mining companies responsible for what they’re doing,” said Hairston, becoming emotional speaking into the microphone wearing a “black lung kills” T-shirt. “I wish the coal miner – us – that we would come forward – but we’re scared. In a non-union mine, you ain’t got representation. We know they’ll get rid of us.”

Silicosis, commonly referred to as black lung, is an occupational pneumoconiosis caused by the inhalation of crystalline silica dust present in minerals like sandstone. The problem has only grown in recent years as miners dig through more layers of rock to get to less accessible coal, generating deadly silica dust in the process. Silica dust is 20 times more toxic than coal dust and causes severe forms of black lung disease even after a few years of exposure.

An estimated one in five tenured miners in Central Appalachia has black lung disease; one in 20 has the most disabling form of black lung.

The proposed federal rule, published in the Federal Register last month, cuts the permissible exposure limit for silica dust from 100 to 50 micrograms per cubic meter of air for an 8-hour shift in coal, metal, and nonmetal mines such as sand and gravel.

The proposal is in line with exposure levels imposed by the Occupational Safety and Health Administration on construction and other non-mining industries. And it’s the standard The Centers for Disease Control was recommending as far back as 1974.

Old wounds over mine safety run deep in West Virginia’s southern coalfields, where thousands of miners 100 years ago marched to unionize in the Battle of Blair Mountain, the largest armed uprising in the United States since the Civil War.

In the 1940s and 1950s, roughly half of West Virginia workers were employed in heavy industries like coal, steel and glass, and the majority of those workers belonged to a union. By 2022, however, only 10% of West Virginia workers were represented by unions, according to the U.S. Department of Labor.

Hairston said that with the waning of union representation, miners have lost advocates they could rely on ensure regulations are being enforced.

Attorney Sam Petsonk, who has represented coal miners who were diagnosed with black lung after companies violated safety violations, said a silica rule is long overdue. But he is concerned that the rule requires no routine sampling and contains no specific monetary penalties for exceeding silica dust limits.

The rule also allows miners to work in higher-than-allowable levels of dust on a temporary basis if they wear respirators and companies are working on bringing exposure down to safer levels. Petsonk said respirators are ineffective while performing heavy labor in hot, confined spaces, and that inspectors are not present enough to ensure they don’t become a permanent solution.

The National Mining Association has said it would like to see respiratory protection equipment be used as a method of compliance with the rule.

The organization, which represents operators, said in a statement last month that ventilation controls, strict adherence to mine ventilation control plans, increased operator and miner safety awareness, and a 2014 rule regulating coal dust have “all contributed to exponentially lower dust levels inside the mine.”

Mine, Safety and Health Administration Deputy Secretary Patricia Silvey said if inspectors see evidence of overexposure, operators will have to take immediate “corrective action,” which could mean implementing engineering controls. The government makes a record of the infraction and ensures retesting to make sure the action is working, she said.

Willie Dodson, Central Appalachian field coordinator for advocacy group Appalachian Voices, said the nation has a current epidemic of black lung now that is “built in part on the current enforcement mechanisms and deficiencies.”

“If MSHA gets this wrong, we will look back on this process as its own sort of tragedy — a moment when we came close to doing right by coal miners, but ultimately failed them,” he said.

United Mine Workers of America Director of Occupational Health and Safety Josh Roberts asked regulators to look at the proposed rule and ask this: “Does this section open the door for cheating or gaming the system?”

“Everybody wants the rule to be the best that it can be this go-round because you might not get another bite at the apple for a long time,” he said.

Written by: Leah Willingham

Local UMWA Chapter Steps Up with Support for United Way of Eastern Utah

Source: ETVNews.com

August 2, 2023

 

Members of the UMWA Local 6363 Board present a $500 check to United Way of Eastern Utah. Shown, from left to right, are George Motte, Terry Anderson, Vince Christiansen, UWEU Executive Director Pam Boyd, Brad Cook, Joe Montoya and Richard Maryboy.
Members of the UMWA Local 6363 Board present a $500 check to United Way of Eastern Utah. Shown, from left to right, are George Motte, Terry Anderson, Vince Christiansen, UWEU Executive Director Pam Boyd, Brad Cook, Joe Montoya, and Richard Maryboy.

 

In keeping with their goal to support organizations that assist the local population, the United Mine Workers of America District 22 Local 6363 recently presented a $500 check to the United Way of Eastern Utah.

Established in 1931, UMWA Local 6363 is one of the oldest locals in the district. During its more than 90 years of service, the organization has a long philanthropic history.

“We just try to pick up to help where needed and we try to keep our donations local,” said Vince Christiansen, president of the local board.

According to UWEU Executive Director Pam Boyd, the donation will fund local programs such as Soles2Souls and Live.Love.Local. Soles2Souls provides free shoes to school-age children, working from the premise that it is difficult for a student to concentrate on school work if he or she is distracted by ill-fitting or worn-out shoes. Live.Love.Local provides fuel cards to local residents who have been diagnosed with cancer and must travel out of the community for treatment. Applications and additional program information can be found online at www.uweu.org.

“We are so grateful to community groups such as the UMWA for their support as we work on our focus areas of health, education, and financial stability,” said Boyd. “This is a real-life example of our mission to improve lives by mobilizing the caring power of communities.”

Writer: Scottie Draper

 

2023 West Virginia Coal Festival Underway

Source: Coal Valley News

MADISON — The 29th annual West Virginia Coal Festival kicked off Tuesday. Madison Mayor and first-year West Virginia Coal Festival Inc. President Buddy Hudson said he anticipates a successful community event.

“This will be my first year as the president, so I’m hoping I can do it justice as everybody has done in the past,” said Hudson.

Hudson spoke on what’s new at this year’s festival.

“We’ve got three or four new things,” Hudson said. “We’re going to have a dog show that Boone Memorial Health is sponsoring for Saturday morning. Karlie Price is taking care of that for me, trying to bring out a different group of people that would come to see that and maybe they’ll stay to shop at the vendors and carnival for the rest of the day. That same day we’re having Chris Prater, who is the CEO of Blackhawk, as a group of his friends are bringing all of their ATVs and supersized Jeeps to have a Jeep show across the street in the People’s Bank parking lot Saturday morning. That will bring a different class of people.

“The UMWA donated us quite a bit of money this year,” Hudson continued. “They haven’t done it for a while, so we’re using that money to fund free face painting, balloon art, a couple of characters that you can get your picture with for the kids, and purchase some free tickets to the carnival to give out. It will be over Friday and Saturday, so it won’t be a children’s night, but it will just be a children’s activity. They gave us the money and told us to use it on what we wanted to, and we thought it would benefit the children to help offset the cost of the carnival and give them some free stuff to come to.”

Hudson said the festival provides both tangible and intangible benefits to Boone County.

“As mayor, I think it brings economic development to our town. It’s like a family reunion, when people come to town that haven’t been here for at least a year, they come back to the Coal Festival and they get to be involved in the community and see friends that they haven’t seen in a while,” said Hudson. “I always ask my fifth-grade students, what do you want to do this summer for vacation? A lot of them say I’m going to Myrtle Beach or I’m going camping, but every year I always have several students say they’re going to the West Virginia Coal Festival for vacation. From this Route 17 area where I teach at, it’s sometimes the only place these children get to go. That makes me want to continue working with the Coal Festival and try my best to make it a place where at least the kids on Route 17 and Route 85 get to come and have fun.”

Hudson says he’s confident about the event’s turnout as the weather forecast is positive for the entire week.

“It looks like we’re going to have some decent weather, hopefully, it won’t be as hot as it has in the past week or so. I think it will be just as big if not bigger as in the past,” he said.

Hudson said this year’s entertainment lineup includes All My Rowdy Friends — Hank Jr. Tribute on Friday night and Draw the Line — Aerosmith Tribute on Saturday night.

“I think our entertainment lineup is a little better than we’ve had in the past because it seems like the thing all festivals are going with now is tribute acts. You may not get the person, but you get the music and sound that people like without having to pay the price for those artists who have almost priced themselves out,” said Hudson.

Hudson say last week that he was already hearing excitement within the community regarding the upcoming musical performances.

“A lot of people have already Googled the Hank Williams tribute to see if he really sounds like Hank Williams. I’ve got positive stuff back saying that they like him,” said Hudson.

For more information regarding the 2023 West Virginia Coal Festival, Hudson can be reached at 304-687-2175.

Written By: MATTHEW BRITTON

 

‘If that wouldn’t heal your soul, nothing would:’ Cape Breton’s Davis Day recognizes coal mining legacy

Evelyn McLeod, granddaughter of Bill Davis, a New Waterford miner shot down by police firing at protesters in 1925, lays a wreath with her grand nephews Parker, 5, second left, and Lucas, 7, right, at the Davis Day ceremony in Sydney Mines Sunday. At left is Hughie MacArthur, a retired United Mine Workers of America representative and mine safety co-ordinator. BARB SWEET/CAPE BRETON POST



SOURCE: saltwire
DATE: 6/11/2023

SYDNEY MINES, N.S. — As the Men of the Deeps sang “there’s a pick and shovel waiting down the Coal Town Road,” Lorraine Head teared up as she had a number of times Sunday morning.

Nearly 100 years — 98 to be exact — after the gruesome events that inspired Davis Day, the descendent of the man it honours broke down on the grounds of the Miner’s Park in Sydney Mines.

“My mother, her siblings — always, always,” she said of the motivation to return each year to the ceremony she has been attending since she was a little girl.

Davis Day is named for her grandfather, New Waterford resident William Davis, 38, who was one of the coal miners protesting deplorable conditions at a Cape Breton coal mine near Waterford Lake in 1925.

The British Empire Steel Corporation, which owned the mine, cut off the miners’ credit at the company store and also cut off their access to water and electricity, creating a desperate situation.

On June 11, the protest turned violent. As many as 2,000 coal miners marched toward Waterford Lake and British Empire Steel Corporation police shot at them.

Davis was killed, leaving behind a widow and nine children, as well as a 10th on the way.



Evelyn McLeod, granddaughter of Bill Davis, a miner shot down by police firing at protesters in 1925, lays a wreath with  her grand nephews Parker, 5, left, and Lucas, 7, at the Davis Day ceremony in Sydney Mines Sunday. BARB SWEET/CAPE BRETON POST



Great-great grandson Adam Woods of Scotchtown, his wife Chantal and their two boys Lucas, 7 and Parker, 5, were there Sunday too.

The young boys laid a wreath with their great aunt, Evelyn McLeod.

“It’s really nice for our boys to be part of a legacy like that,” said Chantal Woods of the wreath laying.




The Men of the Deeps perform at the Davis Day church service at Trinity Anglican Church in Sydney Mines Sunday. BARB SWEET/CAPE BRETON POST




After the ceremony, members of the Davis family, like others who laid wreaths for loved ones at the miners memorial along with organizations, unions and politicians, brought the wreath to Bill Davis’ grave.
Norma MacDonald noted when the date, June 11, lands on a school day, the tradition in the family has been to keep the kids home out of respect.

They also realize the importance of passing on the legacy of attending on behalf of the family.

“It’s nice the younger ones are coming in,” McLeod said.

The horrific events have been settling in generation after generation.

“(It was) probably teenage years before I even realized how important it was going to the ceremony,” Adam Woods said, adding his kids now tell their classmates about the history of it.

“The history behind it, to learn a lot more about it and listen to the stories of the family and how it affected everything.”

The annual event not only recognizes that godawful 1925 event, but all miners and the tragedies that devastated families across Nova Scotia.

 

It was an emotional day for Lorraine Head Sunday at the Davis Day church service and ceremony in Sydney MInes. The event honours her grandfather, Bill Davis, who was shot and killed in a protest in 1925. It also honours miners and all touched by coal mining tragedy. BARB SWEET/CAPE BRETON POST

 

Among the losses

Dan Jimmy White of Glace Bay attends the ceremony every year to honour the 12 men who died because of injuries from the Feb. 24, 1979 explosion at No. 26 colliery in Glace Bay.

They were workmates and friends and on the day of the explosion, White said he was tasked with blacking out the windows with tar paper in his carpentry shop at the mine as it was being used for the bodies.

“It was a terrible, terrible day in my life,” said White, who had been underground before he was given a surface job as a carpenter.


Jimmy Dan White of Glace Bay sits in the Trinity Anglican Church in Sydney Mines Sunday for Davis Day events. He was tasked with covering the windows of his mine carpentry shop with black tar paper as he said it was used to bring bodies during the 1979 Glace Bay Mine disaster. BARB SWEET/CAPE BRETON POST

 

His eyes watered as he spoke of his friends and said attending each year allows him to work through the grief that lingers still and then he sets it aside until the next anniversary.

Later after the church portion of the ceremony, he said, “If that wouldn’t heal your soul, nothing would.”

Loie McNeil of Glace Bay heard about the Glace Bay explosion on the radio at 6 a.m. that day with her two small daughters, Michelle, then four and Sherry, then nine.

Her father-in-law, Freddie Y McNeil came by to say it didn’t look good.

The day would indeed bring news that her husband, Reggie Y, was gone.

“Everything went black,” Loie McNeil said.

 

Sunday as the Davis Day ceremony in Sydney Mines, mining disaster widow Loie McNeil, left, of Glace Bay and her daughter, Michelle laid a wreath for miner Reggie Y. McNeil, who was killed in the 1979 Glace Bay mine explosion. BARB SWEET/CAPE BRETON POST

 

Michelle has only hazy memories of her dad, such as him righting a three-wheel bicycle for her after it tipped over.

But every year they come to the service to honour him, and then bring the wreath to the cemetery.

“He was a good man, a good husband, a good worker,” Loie McNeil said, adding the family keeps his memory alive by talking about him and recognizing dates like his birthday.

 

John and Joanne Turner attend the Davis Day church service at Trinity Anglican Church in Sydney Mines Sunday. BARB SWEET/CAPE BRETON POST

 

John Turner’s father, James, had to go to work at age 15 as his father Albert was killed while checking a mine after a rock fall in 1924. James eventually worked himself up to comptroller at Dominion Coal, Turner said.

“It was a very humble start,” said Turner of New Campbellton.

Having the church service preceding the Davis Day ceremony in Trinity Anglican was meaningful in another way.

“This church was constructed in 1924 and this ceiling was put in by the miners every night after the mines,” Joanne said of the men’s many years’ long labour, when they would take the scaffolding down for services and erect it again each week.

The miners’ sacrifices were underscored over and over Sunday.

“Life in this world is always dicey,” said Rev. Jackie Warren. “The life of a miner is the same.”

 

 

Adam Woods of Scotchtown is the great-great grandson of New Waterford miner Bill Davis, who was shot and killed by police during a protest in 1925. He and his wife Chantal and their sons Lucas, 7, second left, and Parker, 5, attended the Davis Day memorial church service and ceremony Sunday in Sydney Mines. BARB SWEET/CAPE BRETON POST

 

Vigilance necessary

Nova Scotia Federation of Labour president Danny Kavanagh said the day is not just about mining, either, but protecting workplace safety.

And he said workers are vulnerable now unless workers, labour leaders and the public remain vigilant in watchdogging companies.

Before he took to the stage to be the guest speaker, Brian Sanson, international secretary treasurer of the United Mine Workers of America and based in Washington, D.C. said events such as Sunday’s are not as common, especially in the U.S.

“It’s very moving,” said the West Virginian.

“The sense of community … to pay this respect to their fallen forefathers is special.”

 

 

Brian Sanson, international secretary treasurer of the United Mine Workers of America and based in Washington, D.C., was the guest speaker at the annual Davis Day memorial event Sunday in Sydney Mines. BARB SWEET/CAPE BRETON POST

 

During his speech he spoke of the coal mining labour strife in Alabama where a strike lasted two years, ending earlier this year with no gain.

He alleged police and county sheriffs were turned into coal company guards.

“We had union coal miners run over by cars on the picket lines. Miners were fired for doing nothing more than standing on the picket line and the company basically locked them out for two complete years because they wouldn’t bargain with the union in good faith. The Alabama court system failed the workers in Alabama miserably,” he said.

According to the Nova Scotia Museum of Industry, Davis was given the largest funeral the Town of New Waterford had ever seen. His death became a symbol of the determination and resilience of the miners in their struggles. Miners vowed they would never work on June 11 and for many years, they honoured that vow, the museum’s website notes.

A union convention that year was declared June 11 Davis Day.

In 2008 the province of Nova Scotia proclaimed An Act Respecting a Memorial Day to Honour Miners (Bill No. 189: William Davis Miners’ Memorial Day Act).

Roughly 100 people attended the church service and about 120 at the ceremony at Miner’s Park.

Associate Membership Spotlight

Penny Whoolery

 

Penny Whoolery is the wife of late Local Union 1980 member and International Organizer Marlon Whoolery. Penny has been a key member in orchestrating the annual Robena Memorial and is always found behind the scenes helping at the District 2 Pensioner Picnics any way she can.

“I always say, and I will say it again, I know that I will never have to worry because the United Mine Workers of America will always be there for me,” said Penny.

“For as long as I can remember, each year at the Robena Memorial, Penny has come in every kind of weather and participates by sharing her angelic voice to all,” said International District 2 Vice President Chuck Knisell. “It doesn’t matter if it’s pouring rain, Penny was there at the microphone.”

At the 60-Year Anniversary of the Robena Mine Explosion memorial service in December 2022, it had been only three months since Brother Marlon had passed. “Penny sang with everything she had in her,” said Knisell. “Sister Penny will always have a home at the UMWA. We will always be there for her, just as she and Marlon were always there for us.”