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July - August - United Mine Workers of America

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<strong>July</strong>–<strong>August</strong> 2010 • 121st Year, No. 4


<strong>United</strong> <strong>Mine</strong> <strong>Workers</strong><br />

journal<br />

Convention Report...............................4<br />

More than 500 delegates to the UMWA’s<br />

54th Constitutional Convention in Las<br />

Vegas set a bold path for the union to<br />

follow over the next four years, including<br />

meeting significant challenges to our jobs,<br />

our pensions and our health care. The<br />

UMW Journal takes a comprehensive look<br />

at the issues we face and the solutions the<br />

delegates determined to take to meet those<br />

challenges.<br />

Remembering Senator Byrd..............18<br />

The passing <strong>of</strong> “the best friend coal miners<br />

ever had” means UMWA members and<br />

their families have lost a strong voice on<br />

our side in Washington.<br />

Departments<br />

Government in Action................... 12<br />

Actively Retired...............................14<br />

Around Our Union........................ 15<br />

Districts in Action.......................... 20<br />

Our Health and Safety................... 22<br />

Lorin E. Kerr Scholarship.............. 23<br />

Cover photo: (l-r) L.U. 3907 President<br />

Jerry Barnett, Connie Patsey and L.U.<br />

1713 President J.R. Patsey were part<br />

<strong>of</strong> the tremendous demonstration <strong>of</strong><br />

solidarity delegates and guests to the<br />

UMWA Convention displayed after a<br />

march through the halls <strong>of</strong> the Mirage<br />

Hotel. Photo by Bill Burke/Page One.<br />

Say NO to Plan to end<br />

Saturday mail delivery<br />

Our brothers and<br />

sisters in the<br />

National Association <strong>of</strong><br />

Letter Carriers (NALC)<br />

are fighting a scheme<br />

by the <strong>United</strong> States<br />

Postal Service (USPS) to<br />

end Saturday delivery <strong>of</strong> mail. The USPS claims this move needs to<br />

be taken to make up a budget shortfall, but the truth is that actions<br />

Congress is forcing the USPS to take with respect to prefunding <strong>of</strong><br />

retiree health care benefits are really to blame.<br />

President Roberts was invited to speak at the NALC’s Biennial<br />

Convention in Anaheim, Calif., where he said, “Solidarity doesn’t<br />

flow one way like a river. Solidarity is like a huge ocean. In the <strong>Mine</strong><br />

<strong>Workers</strong> we say that ‘an injury to one is an injury to all.’ That means<br />

shoulder to shoulder, back to back, your fight is our fight. We stand<br />

squarely on your side, and we will do whatever you ask us to do.”<br />

Roberts pointed out that many UMWA members and widows<br />

receive prescription drugs through the mail, and losing one day <strong>of</strong><br />

taking those drugs can have a bad effect on their health. “Retirees<br />

and widows who get their prescriptions through the mail should be<br />

very concerned about this,” Roberts said.<br />

The NALC asks that you write a letter to the Postal Regulatory<br />

Commission to let them know you want to keep your Saturday mail<br />

delivery. Write to:<br />

Postal Regulatory Commission<br />

Attention: Office <strong>of</strong> Public Affairs & Government Relations<br />

901 New York Avenue, N.W., Suite 200<br />

Washington, D.C. 20268-0001<br />

Refer to Docket N2010-1 in your letter.<br />

Go to the NALC’s website at www.nalc.org for more information.<br />

Produced by the UMWA Communications Department: Phil Smith, Department Director, Editor; David Kameras, Communications Coordinator;<br />

Emily K. Smith, Communications Specialist; Thelma Blount, Department Secretary; GO! Creative, llc, Design<br />

Official Publication <strong>of</strong> the <strong>United</strong> <strong>Mine</strong> <strong>Workers</strong> <strong>of</strong> <strong>America</strong>, 18354 Quantico Gateway Dr., Suite 200, Triangle, VA 22172-1779, www.umwa.org<br />

© by the <strong>United</strong> <strong>Mine</strong> <strong>Workers</strong> <strong>of</strong> <strong>America</strong>. All rights reserved. Reproduction in whole or part without written permission is prohibited. The <strong>United</strong> <strong>Mine</strong> <strong>Workers</strong> Journal (ISSN<br />

0041-7327, USPS 649-780) is published bimonthly by the <strong>United</strong> <strong>Mine</strong> <strong>Workers</strong> <strong>of</strong> <strong>America</strong>, 18354 Quantico Gateway Dr., Suite 200, Triangle, VA 22172-1779. Periodicals postage<br />

paid at Triangle, VA, and at additional mailing <strong>of</strong>fices. POSTMASTER: Send address changes to UNITED MINE WORKERS JOURNAL, Data Edit Department, 18354 Quantico<br />

Gateway Dr., Suite 200, Triangle, VA 22172-1779. Telephone: 703-291-2405. Subscription price: $10 per year to non-UMWA individuals, $25 per year to institutions, $100 per year<br />

to corporations. Dues-paying members and associate members receive the Journal free <strong>of</strong> charge. If this is a change <strong>of</strong> address, include the address label from the back cover <strong>of</strong> your<br />

Journal or your old address.<br />

Publications Mail Agreement No. 40624074. Return undeliverable Canadian addresses to: PO Box 503, Rpo west beaver creek, Richmond hill, on l4b 4r6.<br />

Pursuant to Section 6113 <strong>of</strong> the Internal Revenue Code, we are required to notify you that membership dues paid to the UMWA are not deductible as charitable contributions for<br />

federal income tax purposes.<br />

2 <strong>July</strong>/<strong>August</strong> 2010 • <strong>United</strong> <strong>Mine</strong> <strong>Workers</strong> Journal


letters<br />

Three generations <strong>of</strong> UMWA members...and counting<br />

Pictured here is L.U.<br />

2300 member Ryan<br />

Baker holding his new<br />

son, Colton Ryan Baker.<br />

With him are (on the<br />

left) Paul Baker, Colton’s<br />

great-grandfather, a<br />

member <strong>of</strong> L.U. 1058<br />

in District 31 who<br />

retired in 1989 from the<br />

Humphrey #7 mine; and<br />

(on the right) Donald Baker, Colton’s grandfather, who is a member <strong>of</strong> L.U. 1702<br />

working at the Blacksville #2 mine. Donald’s brother David Baker (not pictured)<br />

also works at the Cumberland mine and is a member <strong>of</strong> L.U. 2300.<br />

Colton’s great-great and great-great-great grandfathers were also coal miners<br />

who worked at the Loyal Hanna Coal and Coke Co. in Somerset County, Pa.<br />

Belinda Baker<br />

Carmichaels, Pa.<br />

Member anticipates November elections<br />

Another election is coming up in November and I think it’s important to<br />

remember that our President and Congress have passed some pretty impressive<br />

laws: health care reform, equal pay for women, S-CHIP health care coverage for<br />

children and financial reform, to name a few. And they’ve done it in the face <strong>of</strong><br />

enormous pressure from the do-nothing Republicans, the talking heads <strong>of</strong> Fox<br />

News and the far-right talk radio show hosts.<br />

The Republicans like to call health care reform “Obama-care.” So, that<br />

must mean Social Security is “F.D.R.-care,” right? Franklin Roosevelt is also the<br />

guy who gave us the right to organize, instituted fair labor standards and dug<br />

us out <strong>of</strong> the depths <strong>of</strong> the last Republican-led economic disaster.<br />

And I guess we can call Medicare “Johnson-care,” after Lyndon Johnson,<br />

who fought for it and signed it into law in 1965. And let’s not forget the Black<br />

Lung benefits won for us by Sen. Robert C. Byrd. I guess those <strong>of</strong> us who collect<br />

those benefits should call them “Byrd-care.”<br />

Republicans fought each <strong>of</strong> those things tooth-and-nail. Does any UMWA<br />

member truly think we shouldn’t have them?<br />

When we go to the polls this November, let’s remember who has been on<br />

our side for generations and who hasn’t. Let’s keep a majority in the House and<br />

Senate that cares about workers and our families.<br />

God Bless <strong>America</strong>, and God Bless the UMWA.<br />

Danny R. Hoover<br />

L.U. 2286<br />

Racine, W.Va.<br />

Retiree appreciates<br />

UMWA, health care<br />

I worked in the coal mines for a<br />

long time until I hurt my back.<br />

I’ve had eight back operations,<br />

five heart bypasses and just had<br />

abdominal surgery. That surgery<br />

cost $100,000, not counting doctors<br />

fees. Without the union insurance,<br />

I could not have made it and<br />

would not be here today to write<br />

this letter.<br />

I say all this to show what a<br />

great union we have. We also have<br />

a great president in Brother Cecil<br />

Roberts. I hope our younger miners<br />

will appreciate the union and what<br />

it stands for. I still pay my dues each<br />

month and am so happy to be a<br />

UMWA member.<br />

Tommy Watson<br />

L.U. 2245<br />

Jasper, Ala.<br />

New Associate Member<br />

angered by UBB disaster<br />

As someone who wasted 45 years<br />

as a selfish GOP anti-union<br />

citizen, I want to thank you for<br />

my Associate UMWA membership,<br />

even if I never get to use any<br />

<strong>of</strong> the union benefits I may be<br />

entitled to.<br />

I personally do not care if<br />

the surviving spouses and children<br />

<strong>of</strong> the Upper Big Branch mine<br />

disaster ever become wealthy as a<br />

result <strong>of</strong> any settlement they may<br />

get. In fact, that might be an insult<br />

to the memory <strong>of</strong> the lost 29. But<br />

they all must get justice for what<br />

happened to their bread-winners!<br />

<strong>August</strong> J. Lehe<br />

Talladega, Ala.<br />

<strong>United</strong> <strong>Mine</strong> <strong>Workers</strong> Journal • <strong>July</strong>/<strong>August</strong> 2010 3


The Fight <strong>of</strong><br />

Our Lives<br />

Bill Burke, PAGE One<br />

Convention pledges to do whatever it takes for our jobs,<br />

our pensions, our health care<br />

DAVID KAMERAS<br />

It was a celebration <strong>of</strong> 120 years <strong>of</strong> leading<br />

the struggle for worker justice. It was a<br />

confirmation <strong>of</strong> the UMWA’s commitment<br />

to good, safe jobs. It was a call to action to<br />

preserve our pensions and our health care.<br />

Most <strong>of</strong> all, it was an incredible demonstration <strong>of</strong> unity and solidarity<br />

from the more than 500 delegates who converged in Las Vegas <strong>July</strong> 26-29 for<br />

the UMWA’s 54th Consecutive Constitutional Convention.<br />

4 <strong>July</strong>/<strong>August</strong> 2010 • <strong>United</strong> <strong>Mine</strong> <strong>Workers</strong> Journal


DAVID KAMERAS<br />

“We are drawing on our legacy<br />

and the strength and unity <strong>of</strong> our<br />

membership to engage in the fight<br />

<strong>of</strong> our lives,” said President Roberts,<br />

echoing the theme <strong>of</strong> this year’s<br />

convention. “As we head into next<br />

year’s national contract negotiations<br />

and tackle a host <strong>of</strong> other collective<br />

bargaining agreements, we will need<br />

all the resources at our command<br />

to not just keep what we have, but<br />

improve on it.”<br />

Fighting for good<br />

jobs<br />

For UMWA members working in or<br />

around coal mines, the most direct<br />

threat to their jobs is the possibility<br />

that the coal industry will suffer<br />

large cuts in production and employment<br />

as a result <strong>of</strong> action by<br />

Congress or government agencies<br />

attempting to address the climate<br />

change issue.<br />

“There is this raging debate in<br />

Washington and elsewhere about<br />

what to do with respect to climate<br />

change,” Roberts said. “And what is<br />

finally done will have an impact on<br />

our coal members and their jobs.<br />

“Without coal jobs and the<br />

money our members spend in their<br />

communities, the coalfields would be<br />

little more than a series <strong>of</strong> boardedup<br />

ghost towns,” Roberts said. “But it<br />

doesn’t have to be that way. <br />

Bill Burke, PAGE One<br />

<strong>United</strong> <strong>Mine</strong> <strong>Workers</strong> Journal • <strong>July</strong>/<strong>August</strong> 2010 5


Committees<br />

laid the<br />

groundwork<br />

For the entire week prior<br />

to the 54 th Consecutive<br />

Constitutional Convention,<br />

delegates elected at a number <strong>of</strong><br />

District conferences held around<br />

the country met in Las Vegas to<br />

consider proposed resolutions,<br />

discuss policy and chart the path<br />

for the union to take over the<br />

next four years. Their resulting<br />

reports were then taken up by the<br />

full convention and put to a vote.<br />

These committees included:<br />

• Credentials<br />

• Rules<br />

• Resolutions<br />

• Health and Safety<br />

• Organizing<br />

• Collective Bargaining<br />

• COMPAC/Legislative<br />

• Constitution<br />

• Health and Retirement<br />

• Veterans<br />

• Diversity<br />

New for 2010 were the Veterans<br />

Committee, formed to address<br />

the unique needs <strong>of</strong> the many<br />

members who served in the<br />

armed services, and the Diversity<br />

Committee, tasked with finding<br />

ways to open the doors <strong>of</strong><br />

opportunity within the union to<br />

under-represented members.<br />

L.U. 762 member Patsy Ricciuti chaired<br />

the Health and Retirement Committee.<br />

Bill Burke, PAGE One<br />

Bill Burke, PAGE One<br />

“We believe there is a responsible<br />

way forward that will ensure<br />

a strong and robust coal industry<br />

for decades to come,” Roberts said.<br />

“But that will only happen if the<br />

politicians and bureaucrats step up<br />

and address the issue in a reasonable<br />

manner. So far that hasn’t happened,<br />

but we are still engaged in<br />

the discussions about this to ensure<br />

that our voice is part <strong>of</strong> the debate<br />

and part <strong>of</strong> the solution.<br />

“We want to make sure union<br />

coal jobs remain good jobs with good<br />

wages and strong benefits,” Roberts<br />

said. “Our members must be able to<br />

continue to support their families as<br />

well as make a healthy contribution<br />

to the economic well-being <strong>of</strong> the<br />

communities where they and their<br />

families have lived for generations.”<br />

To support this effort, the<br />

convention’s COMPAC Committee<br />

issued a report calling for continuing<br />

efforts to engage members <strong>of</strong><br />

Congress and the Obama administration<br />

on this issue, reminding<br />

them <strong>of</strong> the need for action to support<br />

the commercial development<br />

and deployment <strong>of</strong> carbon capture<br />

and storage technology.<br />

“Despite what some <strong>of</strong> the more<br />

extreme voices may say, we’re not<br />

going to be able to just end the use<br />

<strong>of</strong> coal in 10 or 15 years and be able<br />

to replace it with something that will<br />

have the electrical generating capacity<br />

that coal has,” said Secretary-<br />

Treasurer Kane. “The technology for<br />

alternative energy sources that can be<br />

deployed effectively and affordably<br />

is many decades away. In the meantime,<br />

we intend to work with Congress<br />

and the industry to ensure that<br />

coal, <strong>of</strong> which we have an abundance,<br />

is mined and burned responsibly.”<br />

At the same time, with health<br />

care costs continuing to rise rapidly,<br />

the Employee Free Choice Act stalled<br />

and Republican use <strong>of</strong> Senate rules<br />

to block any and all progressive legislation,<br />

the need to keep a working<br />

union-friendly majority in Washington<br />

is more important now than<br />

ever. That is why the UMWA will be<br />

mobilizing its membership to fully<br />

participate in this fall’s elections.<br />

Safe jobs<br />

For most workers, “job protection”<br />

means staying employed. For coal<br />

miners, it can mean staying alive, too.<br />

6 <strong>July</strong>/<strong>August</strong> 2010 • <strong>United</strong> <strong>Mine</strong> <strong>Workers</strong> Journal


Since the last convention in<br />

2006, the <strong>United</strong> States mining community<br />

has been rocked by a number<br />

<strong>of</strong> explosions and other safety incidents<br />

underground, most recently in<br />

April at Massey Energy’s Upper Big<br />

Branch mine in West Virginia.<br />

The problem, most glaring at<br />

Massey but common to nonunion<br />

workplaces throughout the coalfields,<br />

is the tolerance for safety lapses<br />

permitted—sometimes demanded—<br />

by management at all levels <strong>of</strong> a<br />

company. And workers in those<br />

nonunion mines know they are at<br />

risk. As evidence, President Roberts<br />

quoted to the delegates from a letter<br />

written by Upper Big Branch miner<br />

Josh Napper to his family.<br />

“‘If I die, I want you to know<br />

that I love you,’” Roberts read from<br />

Napper’s letter. “Now that’s the kind<br />

<strong>of</strong> letter people used to write before<br />

they went <strong>of</strong>f to war. That is not the<br />

kind <strong>of</strong> letter you’re supposed to<br />

write before you pick up your dinner<br />

bucket and go to work.”<br />

In its report to the convention,<br />

the Health and Safety Committee<br />

said, “Enforcement [<strong>of</strong> laws] must be<br />

ramped up, particularly for employers<br />

who repeatedly violate the law.”<br />

One issue the committee focused<br />

on was the all-too-common occurrence<br />

<strong>of</strong> employers discouraging<br />

workers from reporting lost-time<br />

accidents. “Widespread problems<br />

<strong>of</strong> injury under-reporting must be<br />

addressed,” the committee’s report<br />

said. “Employer policies and practices<br />

that discourage the reporting <strong>of</strong><br />

injuries through discipline or other<br />

means must be prohibited.<br />

“Our nation must renew its<br />

commitment to protect workers<br />

from injury, disease and death, making<br />

safety a top priority,” the Health<br />

and Safety Committee’s report concluded.<br />

“We demand that employers<br />

meet their responsibilities to<br />

protect workers and that they be held<br />

accountable if they put workers in<br />

danger. Only then can the promise <strong>of</strong><br />

safe jobs for all workers be fulfilled.”<br />

Bill Burke, PAGE One<br />

Winning a new<br />

contract<br />

With the serious issues that have<br />

arisen regarding the 1974 Pension<br />

Plan administered by the UMWA<br />

Health and Retirement Funds, the<br />

upcoming negotiations for a new<br />

National Bituminous Coal Wage<br />

Agreement are likely to be difficult.<br />

Add to that the continuing<br />

effects <strong>of</strong> the worst economic<br />

downturn in 80 years, and upcoming<br />

negotiations not just in coal but in<br />

public service, health care and manufacturing—the<br />

next few years look to<br />

be filled with a series <strong>of</strong> challenges at<br />

the bargaining table.<br />

“You know, they say that a rising<br />

tide lifts all boats, but they never talk<br />

about what happens when the tide<br />

goes out,” said former UMWA International<br />

Vice President Emeritus<br />

Jerry Jones in his address to the delegates.<br />

“When that happens, everything<br />

falls, because our economy is<br />

built on consumption.<br />

“When people don’t bring home<br />

a steady paycheck, they buy less<br />

products—products like Remington<br />

rifles, products that are made<br />

in plants powered by coal-based<br />

electricity, products made with steel<br />

forged in coal-fired smelters,” Jones<br />

said. “And then the tax base that<br />

<br />

Surrounded by the entire Diversity Committee, Chair Tanya James<br />

(L.U. 9909) addresses the delegates after giving the Committee’s report.<br />

Bill Burke, PAGE One<br />

<strong>United</strong> <strong>Mine</strong> <strong>Workers</strong> Journal • <strong>July</strong>/<strong>August</strong> 2010 7


Bill Burke, PAGE One<br />

supports the employment <strong>of</strong> corrections<br />

<strong>of</strong>ficers, court reporters, EMT<br />

technicians and other public workers<br />

shrinks too.”<br />

Though the specifics <strong>of</strong> the<br />

Collective Bargaining Committee’s<br />

recommendations were, as always,<br />

contained in a confidential report to<br />

the line <strong>of</strong>ficers to keep employers<br />

from discovering in advance <strong>of</strong> negotiations<br />

what the union’s priorities<br />

are, there is no doubt that winning<br />

fair contracts in every industry where<br />

the union represents workers will take<br />

what it has always taken: solidarity.<br />

And throughout the convention,<br />

that solidarity was evident. Speaker<br />

after speaker rose to declare their<br />

support for the leadership <strong>of</strong> President<br />

Roberts and Secretary-Treasurer<br />

Kane, as well as the International<br />

Executive Board.<br />

Roberts noted that winning<br />

the upcoming battles will take the<br />

solidarity and support <strong>of</strong> all UMWA<br />

members, whether they work in the<br />

coal industry or some other industry.<br />

“What happens with our coal<br />

contract will have an impact on<br />

every member <strong>of</strong> this union,” he said.<br />

“It’s our primary industry, and if<br />

we have to take action to win a new<br />

contract—up to and including going<br />

on strike—then that’s what we will<br />

do. If that happens, it’s going to take<br />

the resources and<br />

the strength <strong>of</strong><br />

L.U. 5986<br />

member<br />

and former<br />

Dist. 20<br />

Secretary-<br />

Treasurer<br />

Earl Brown<br />

was the<br />

oldest<br />

delegate<br />

at the<br />

convention<br />

at 91.<br />

(From the top) AFL-CIO President<br />

and UMWA President Emeritus<br />

Richard L. Trumka; UMWA Vice<br />

President Emeritus Jerry Jones;<br />

Former UMWA Secretary-Treasurer<br />

Harry Patrick; UMWA Secretary-<br />

Treasurer Emeritus Carlo Tarley.<br />

Bill Burke, PAGE One<br />

Bill Burke, PAGE One<br />

Bill Burke, PAGE One<br />

Bill Burke, PAGE One<br />

every single member <strong>of</strong> this union<br />

to win.<br />

“Now I have a question for you,”<br />

Roberts said. “Are you with us?”<br />

The roar <strong>of</strong> approval in response<br />

was deafening.<br />

Good Pensions<br />

At this year’s convention, the agendas<br />

<strong>of</strong> the Constitution, Collective<br />

Bargaining and Health and Retirement<br />

committees were strongly<br />

linked. That’s because 100,000<br />

members rely on the 1974 Pension<br />

Plan, whose recession-driven<br />

wounds must be healed in part at<br />

the negotiating table.<br />

The 1974 Plan currently pays<br />

out over $600 million per year in<br />

benefits, and will provide future pensions<br />

to nearly 30,000 active miners<br />

and former miners who have not<br />

yet reached retirement age. In recent<br />

years, this plan has been significantly<br />

improved in a number <strong>of</strong> ways,<br />

including the enhanced deferred<br />

vested, the 20-and-out Special<br />

Permanent Lay<strong>of</strong>f Pension and the<br />

30-and-out pension.<br />

Pension accruals have also<br />

increased. If a 30-year pensioner<br />

retires at age 62 and lives to about<br />

age 81, or about 19 years after retirement,<br />

he will receive nearly $450,000<br />

over his lifetime under the 2011<br />

pension rates. Under the 1996 rate, it<br />

would only have been $206,000.<br />

Yet while we have negotiated<br />

significant increases in the pension<br />

benefits in recent years, the market<br />

value <strong>of</strong> the pension plan’s assets<br />

have gone down due to stock market<br />

declines caused by Wall Street greed.<br />

Since reaching a high point <strong>of</strong> about<br />

$7 billion in 2000, there have been<br />

two substantial market declines.<br />

At the same time, the plan is<br />

hitting the period <strong>of</strong> its greatest pen-<br />

8 <strong>July</strong>/<strong>August</strong> 2010 • <strong>United</strong> <strong>Mine</strong> <strong>Workers</strong> Journal


Navajo Nation<br />

President Joe Shirley<br />

with President Roberts<br />

the industry average loss was about 31<br />

percent, while many companies did<br />

much worse—Conoco Phillips was<br />

down about 35 percent, J.C. Penney<br />

about 45 percent, Exxon Mobil about<br />

47 percent and Delphi<br />

about 51 percent.<br />

Bill Burke, PAGE One<br />

L.U. 6417 member Joe “Moose”<br />

Martinez, a World War II veteran,<br />

led the Pledge <strong>of</strong> Alligiance on the<br />

first day.<br />

Bill Burke, PAGE One<br />

sion payouts. Liabilities have grown<br />

steadily, but although assets grew<br />

rapidly in the 1990s, the 2008 market<br />

meltdown created a substantial separation<br />

between assets and liabilities.<br />

Nearly every pension plan in the<br />

country had a similar experience in<br />

the last two years. Although the 1974<br />

Plan lost about 22 percent in 2008,<br />

Hundreds <strong>of</strong> Mirage Hotel<br />

employees, members <strong>of</strong> UNITE-<br />

HERE L.U. 226, lined the main<br />

hallway as delegates marched to<br />

hear President Roberts speak.<br />

Indeed, the 100 largest companies<br />

in the <strong>United</strong> States with<br />

defined-benefit pension plans collectively<br />

went from about 100 percent<br />

funded in early 2008 to about<br />

75 percent funded in early 2009.<br />

While the banks and other financial<br />

institutions that created the crisis<br />

have received hundreds <strong>of</strong> billions<br />

<strong>of</strong> dollars in government bailouts,<br />

the pension plans that were the<br />

victims <strong>of</strong> the crisis have been left to<br />

fend for themselves.<br />

“Wall Street did a drive-by<br />

shooting <strong>of</strong> Main Street in 2008<br />

and early 2009,” President Roberts<br />

said. “And the government’s<br />

response was to throw billions <strong>of</strong><br />

dollars into the getaway car.<br />

The Wall Street executives and<br />

bankers who caused this disaster<br />

got bailed out. Now it’s our turn. <br />

Bill Burke, PAGE One<br />

<strong>United</strong> <strong>Mine</strong> <strong>Workers</strong> Journal • <strong>July</strong>/<strong>August</strong> 2010 9


If they think they can leave<br />

working families holding the<br />

bag for this, they’ve got another<br />

thing coming.”<br />

Bill Burke, PAGE One<br />

Funding<br />

improvement plan<br />

“The problems <strong>of</strong> the 1974 Pension<br />

Plan will be the major issue in the<br />

2011 negotiations,” Roberts said.<br />

“Failure to resolve this may lead<br />

employers to seek to withdraw from<br />

the 1974 Plan. We intend to prevent<br />

that from happening, but no one<br />

should underestimate the severity <strong>of</strong><br />

this issue.<br />

“At the same time, there are<br />

other forms <strong>of</strong> compensation such<br />

as health care and wages that will<br />

remain a high priority for the membership,”<br />

Roberts said. “Although<br />

we have in the past been able to<br />

negotiate contracts without the need<br />

for strikes, we must be united and<br />

prepared to fight for the benefits we<br />

have earned.”<br />

The UMWA is strongly supporting<br />

legislation to shift the excess<br />

monies already appropriated for<br />

retiree health care to shore up the<br />

1974 Plan until the current economic<br />

crisis is over (see page 13). “Congress<br />

bailed out the banks that caused this<br />

problem and<br />

I think it<br />

is only fair<br />

Nathaniel<br />

Church, son<br />

<strong>of</strong> former<br />

UMWA<br />

President<br />

Sam Church<br />

Emily Smith<br />

that Congress provide some help to<br />

retirees who are the victims <strong>of</strong> Wall<br />

Street’s greed,” Roberts said.<br />

Pension issues notwithstanding,<br />

the overall financial health <strong>of</strong> the<br />

union is excellent. “In 1995, our General<br />

Fund stood at around 9.5 million<br />

dollars,” said International Secretary-<br />

Treasurer Emeritus Carlo Tarley in his<br />

address to the convention.<br />

“Today, thanks to the line <strong>of</strong>ficers’<br />

policies, the continued strong<br />

leadership <strong>of</strong> Danny Kane and the<br />

united support <strong>of</strong> the membership,<br />

it stands at 47 million dollars,”<br />

Tarley said. “During that time, the<br />

Selective Strike Fund went from<br />

52 million dollars to 126 million<br />

dollars. That’s the kind <strong>of</strong> strength<br />

we’re going to need if we get into a<br />

fight to save our pensions.”<br />

Health care<br />

The same ill winds blowing in from<br />

Wall Street that knocked the stuffing<br />

out <strong>of</strong> pension plans throughout the<br />

country also threaten to undercut<br />

health care as well. Although the<br />

plans for many <strong>of</strong> our active and<br />

retired members were secured by the<br />

1992 Coal Act and further preserved<br />

by amendments in 2006, a new<br />

Congress made up <strong>of</strong> right-wing tea<br />

party supporters could turn right<br />

around and wipe it all away.<br />

“To paraphrase the Good Book,<br />

Congress can giveth, and Congress<br />

can taketh away,” said President<br />

Roberts. “We have struggled far too<br />

long and too hard for our members’<br />

benefits, and we’re not about to back<br />

down now.<br />

“That’s why the upcoming election<br />

is so important,” Roberts said.<br />

“We’ve got to make sure we elect<br />

people who will stand up for us and<br />

work to protect not just our health<br />

care, but also benefits like Social<br />

Security and Medicare.”<br />

A living constitution<br />

The Convention’s Constitution and<br />

Grievances Committee considered<br />

well over 100 resolutions submitted<br />

by local unions and other committees,<br />

as well as a number <strong>of</strong> amendments<br />

proposed by the International<br />

Executive Board. While many were<br />

housekeeping in nature, several major<br />

issues were addressed.<br />

Candidates running for<br />

International Union <strong>of</strong>fice who<br />

form a slate for all 14 International<br />

positions must now include at least<br />

10 <strong>July</strong>/<strong>August</strong> 2010 • <strong>United</strong> <strong>Mine</strong> <strong>Workers</strong> Journal


one person <strong>of</strong> color and at least<br />

one woman, although one member<br />

may satisfy both requirements.<br />

This change reflects a resolution<br />

passed during the 2006 Convention<br />

pledging the UMWA’s support for<br />

policies diversifying its elected<br />

leadership. It further reflects the<br />

union’s long and proud tradition <strong>of</strong><br />

inclusion, dating from our founding<br />

convention in 1890.<br />

Delegates voted unanimously<br />

in favor <strong>of</strong> creating two new committees:<br />

a Diversity Committee<br />

and a Veterans Committee. Both<br />

Bill Burke, PAGE One<br />

Bill Burke, PAGE One<br />

met as special committees prior to<br />

this convention; they will meet as<br />

required constitutional committees<br />

from now on.<br />

Delegates approved a provision<br />

requiring each local to elect a<br />

Veterans’ Committee <strong>of</strong> at least three<br />

members for the purpose <strong>of</strong> keeping<br />

all members informed <strong>of</strong> veterans’<br />

issues and concerns, while helping<br />

to recognize the special contributions<br />

our veterans have made to our<br />

respective nations and our union.<br />

The reduced dues rate for newly<br />

organized bargaining units was<br />

eliminated, with exceptions subject<br />

to the discretion <strong>of</strong> the International<br />

President on an as-needed basis. In<br />

addition, the dues for retired and<br />

disabled members were increased by<br />

$2 per month, except for deferred<br />

vested and anthracite retirees in<br />

reflection <strong>of</strong> their more modest<br />

retirement benefit.<br />

Finally, in recognition that<br />

upcoming negotiations with coal<br />

industry employers will require a<br />

united and strong union, delegates<br />

approved a proposal to dedicate for<br />

two years a larger amount <strong>of</strong> the selective<br />

strike assessment to the general<br />

treasury, earmarked for collective<br />

bargaining. This represents a reallocation<br />

among the International’s<br />

accounts, and will in no way result in<br />

an increase in active members’ dues or<br />

assessments.<br />

“With these changes, our union<br />

stands ready to face the enormous<br />

challenges <strong>of</strong> the next few years,” said<br />

President Roberts. “As long as we stay<br />

unified and committed to each other as<br />

brothers and sisters, we will continue<br />

to have the wind at our backs.” <br />

Bill Burke, PAGE One<br />

<strong>United</strong> <strong>Mine</strong> <strong>Workers</strong> Journal • <strong>July</strong>/<strong>August</strong> 2010 11


Government<br />

in action<br />

<strong>Mine</strong> health and safety<br />

legislation advances<br />

After hearing testimony from President Roberts and several workers at<br />

Massey Energy mines, including the Upper Big Branch mine, new legislation<br />

to toughen mine safety and health laws introduced by Rep. George<br />

Miller (D-Calif.) was approved by the House Committee on Education and<br />

Labor on a party-line vote in <strong>July</strong>.<br />

“The UMWA is pleased that the House<br />

Education and Labor Committee passed this<br />

legislation,” Roberts said. “We believe that any<br />

steps forward in improving worker safety are<br />

positive steps. We believe there is more that<br />

can be done to make all mines safer, but this<br />

legislation is still a very big step forward, and<br />

we support it.”<br />

“When workers are getting killed in<br />

explosions, suffocated, burned, maimed<br />

and disabled for life, our government has a<br />

responsibility to take swift action.”<br />

Republican opposition to the legislation<br />

in the House centered around the notion that<br />

improving mine safety and preventing more<br />

injuries and deaths would somehow cost mining<br />

jobs. “It is disappointing to see many <strong>of</strong><br />

those who oppose this important legislation<br />

using the jobs issue as a reason to oppose it,”<br />

Roberts said. “When workers are getting killed<br />

in explosions, suffocated, burned, maimed and<br />

disabled for life, our government has a responsibility<br />

to take swift action.<br />

“<strong>America</strong>ns want and need jobs,” Roberts<br />

said. “But not jobs at any cost. The opponents<br />

<strong>of</strong> this legislation who say it will cost jobs are<br />

essentially telling <strong>America</strong>n workers to ‘work<br />

at your own risk, because we’re going to let<br />

the companies do whatever they want to you.’<br />

That’s wrong, and demonstrates yet again the<br />

huge disconnect between the political allies <strong>of</strong><br />

corporate <strong>America</strong> in Washington and ordinary<br />

working people.”<br />

The legislation now moves on to the<br />

House floor, where passage is considered to<br />

be very likely. After the House committee<br />

vote, similar legislation was introduced in<br />

the Senate by Sens. Jay Rockefeller (D-<br />

W.Va.) and Carte Goodwin (D-W.Va.),<br />

who was appointed to replace the fallen<br />

Sen. Robert C. Byrd.<br />

UBB investigation continues,<br />

Massey starts PR campaign to<br />

deflect blame<br />

On <strong>July</strong> 8, President Roberts went underground<br />

at the Upper Big Branch mine at the invitation<br />

<strong>of</strong> the <strong>Mine</strong> Safety and Health Administration<br />

(MSHA) so that he could see first hand the<br />

condition <strong>of</strong> the mine and understand what<br />

investigators, including several experts from the<br />

UMWA, are encountering as they work to find<br />

the cause <strong>of</strong> explosion. The UMWA is participating<br />

in the investigation as a designated<br />

miners’ representative.<br />

Predictably, Massey, whose Performance<br />

Coal subsidiary operates the mine, protested<br />

the presence <strong>of</strong> union safety experts, arguing<br />

that the presence <strong>of</strong> “outsiders” would somehow<br />

jeopardize the investigation.<br />

12 <strong>July</strong>/<strong>August</strong> 2010 • <strong>United</strong> <strong>Mine</strong> <strong>Workers</strong> Journal


Government<br />

in action<br />

in House<br />

“<strong>America</strong>ns want<br />

and need jobs.<br />

But not jobs at<br />

any cost.”<br />

DAVID KAMERAS<br />

am concerned about the motives <strong>of</strong><br />

Performance in this case.<br />

“Instead <strong>of</strong> focusing on the<br />

issue at hand and submitting legal<br />

authorities that entitle it to an expedited<br />

hearing, it uses this venue to<br />

attack the investigative techniques <strong>of</strong><br />

MSHA, which are really not<br />

at issue here,” Miller said.<br />

“Performance’s documents<br />

exaggerate and misrepresent<br />

the facts, and make<br />

little attempt to address the<br />

legal issues that are being<br />

raised,” Miller said in her ruling.<br />

“Instead, Performance treats this<br />

court as a forum for grandstanding<br />

and, in doing so, attempts to interfere<br />

with the ongoing investigation.”<br />

“Clearly, what’s going on here<br />

isn’t an attempt by the company<br />

to find out what really happened<br />

at Upper Big Branch,” Secretary-<br />

Treasurer Kane said. “Massey has<br />

hired a big Washington PR firm<br />

and is doing whatever it can<br />

to deflect, deny, misdirect and<br />

misrepresent everything it<br />

possibly can with respect to<br />

this investigation.<br />

“Massey isn’t interested in<br />

finding out the truth about what<br />

happened here if it means the<br />

company’s management is found<br />

to be responsible,” Kane said. “It’s a<br />

lot more interested in doing whatever<br />

it can to fix blame somewhere else,<br />

even if it means blaming God.<br />

Why would they want us to believe<br />

God would go out <strong>of</strong> His way to<br />

kill 29 miners? Because the families<br />

can’t sue God, that’s why.” <br />

And just as predictably, Massey<br />

tried to shift the blame for the disaster;<br />

this time to a higher authority.<br />

“The politicians will tell you<br />

we’re going to do something so<br />

this never happens again,” said<br />

Massey CEO Don Blankenship. “You<br />

won’t hear me say that. Because I<br />

believe that the physics <strong>of</strong> natural<br />

law and God trump whatever man<br />

tries to do.”<br />

But an internal MSHA memorandum<br />

alleges that Massey is<br />

trying to “deflect the blame” and<br />

protect itself from “multimillion<br />

judgments” in anticipated lawsuits.<br />

And, in a strong <strong>July</strong> ruling against<br />

the company’s petition to modify<br />

the MSHA’s 103(k) control order at<br />

the Upper Big Branch mine so that<br />

the company can conduct its own<br />

investigation, Administrative Law<br />

Judge Margaret A. Miller said, “I<br />

Pension legislation passed<br />

by House committee<br />

Legislation introduced by Rep. Nick Rahall (D-W.Va.) to allow the UMWA<br />

Health and Retirement Funds to apply unused portions <strong>of</strong> money already<br />

appropriated for retiree health care under the Coal Act to the UMWA 1974<br />

Pension Fund was approved by a unanimous voice vote in the House Natural<br />

Resources Committee in late <strong>July</strong>.<br />

The legislation will help significantly in closing the shortfall in the 1974<br />

Plan’s funding, caused by the severe 2008-09 recession. “This legislation<br />

is needed because the Wall Street greed that brought down our economy in<br />

2008 is still echoing throughout pension plans across the country,” President<br />

Roberts said. “This is only one step toward fixing the issues our pension plan<br />

faces, but it’s a big step. Passage <strong>of</strong> this legislation will be a tremendous<br />

boost for the pension plan.”<br />

Companion legislation has been introduced in the Senate by West Virginia<br />

Sens. Jay Rockefeller (D) and Carte Goodwin (D).<br />

<strong>United</strong> <strong>Mine</strong> <strong>Workers</strong> Journal • <strong>July</strong>/<strong>August</strong> 2010 13


actively<br />

retired<br />

Bob Long<br />

For L.U. 7688 member Bob Long,<br />

union service isn’t just an activity.<br />

It’s a way <strong>of</strong> life. “I’ve always supported<br />

organized labor, and will to the<br />

end,” the 52-year member said. “I’ve<br />

always been a union man. I belonged<br />

to the IBEW before I joined the<br />

UMWA. In the <strong>Mine</strong> <strong>Workers</strong>, we care<br />

about one another, we try to take care<br />

<strong>of</strong> each other, and that’s one big reason<br />

I support my union 100 percent.”<br />

That support has taken many<br />

forms over a long career. A member<br />

since February 1958, he was an<br />

electrician at Associated Electric<br />

Cooperative’s (formerly Peabody’s)<br />

Bee Veer mine south <strong>of</strong> Bevier, Mo.<br />

He served as President <strong>of</strong> L.U. 7688<br />

until 1971.<br />

“Nowadays, when there is more for the upper class and<br />

less for the middle class, I can’t understand why anyone who<br />

packs a lunch each morning wouldn’t want to join a union.”<br />

Long was appointed as an<br />

international organizer in 1971 and<br />

was assigned out west to Gillette and<br />

Sheridan, Wyo. He became a member<br />

<strong>of</strong> the International Executive Board<br />

in 1973 and served until 1988, when<br />

he returned to work in the mine. The<br />

mine shut down in 1993.<br />

With a membership experience<br />

so varied, Long could have hung up<br />

his activist hat after retirement, but<br />

he chose otherwise. “I stay active. I go<br />

to all the Local 7688 meetings, and I<br />

try to attend the District 12 meetings<br />

as well,” he said.<br />

“Bob’s years <strong>of</strong> service and<br />

experience have enabled him to be a<br />

real asset to this union,” said International<br />

District 12 Vice President<br />

and Region III Director Steve Earle.<br />

“He has been a loyal servant to the<br />

UMWA for many years, and no one<br />

in the union has worked any harder<br />

for its members than Bob Long.<br />

That was true when he was on the<br />

International Executive Board, and it<br />

is still true today.”<br />

In addition to his union work,<br />

the Jacksonville, Mo., resident supports<br />

his community as an elected<br />

director on the local rural electric<br />

cooperative board, and he is a member<br />

<strong>of</strong> the local Democratic Club.<br />

Yet the issues that directly affect<br />

coal miners and all working people<br />

are the ones that remain closest to<br />

Long’s heart. And no issue is more<br />

important than organizing.<br />

“Big business doesn’t like<br />

unions,” he said. “Employers are<br />

trying to get rid <strong>of</strong> them wherever<br />

they can. They want to limit the size<br />

<strong>of</strong> the middle class, while feeding<br />

workers a lot <strong>of</strong> anti-union lies. That<br />

means that a lot <strong>of</strong> our problems<br />

have to do with how people feel<br />

about unions. They’re not supporting<br />

unions the way they used to.<br />

“I know it’s tough to organize,<br />

especially when the companies can<br />

appeal and appeal, then delay even<br />

more,” Long said. “That’s why the<br />

Employee Free Choice Act would be<br />

great, if we could only get it.”<br />

But Bob Long knows that the<br />

labor movement in general, and<br />

the UMWA in particular, is the<br />

front-line fighting force for making<br />

the laws work for working people.<br />

“Nowadays, when there is more<br />

for the upper class and less for the<br />

middle class, I can’t understand<br />

why anyone who packs a lunch<br />

each morning wouldn’t want to<br />

join a union,” he said. “My dad was<br />

a coal miner and a member <strong>of</strong> the<br />

UMWA. Since I joined, it has had<br />

a big impact on my life. We always<br />

worked to bring all the miners<br />

closer to each other. I am constantly<br />

proud <strong>of</strong> my union, and I’ll tell that<br />

to anyone who wants to listen.” <br />

Actively Retired is a regular feature highlighting UMWA retirees still working on<br />

behalf <strong>of</strong> the union. If you’d like to recommend a retiree to appear in Actively<br />

Retired, write to the UMW Journal, UMWA, 18354 Quantico Gateway Drive,<br />

Suite 200, Triangle, VA 22172, Attn: Actively Retired. Please include your name,<br />

local union, a telephone number and a brief explanation <strong>of</strong> why you’re nominating<br />

the individual.<br />

14 <strong>July</strong>/<strong>August</strong> 2010 • <strong>United</strong> <strong>Mine</strong> <strong>Workers</strong> Journal


around<br />

our Union<br />

Dorris, Spece win scholarships<br />

Audrey Dorris <strong>of</strong><br />

Henderson, Ky., has been<br />

awarded a $2,500 UMWA–<br />

Lorin E. Kerr Scholarship to<br />

pursue a college education.<br />

She has also won a $1,000<br />

Union Plus Scholarship<br />

sponsored by Union Privilege,<br />

an AFL-CIO affiliate.<br />

Dorris, whose father<br />

James is a third-generation<br />

Audrey Dorris<br />

UMWA miner who belongs to<br />

L.U. 1793, and whose cousin is a fourth-generation miner,<br />

has “grown up seeing how unions give their members fair<br />

wages and benefits.”<br />

Dorris, who graduated first in her class, hopes to<br />

study mathematics or electrical engineering, although she<br />

is considering studying law as<br />

well. “When a person has been<br />

wronged, they deserve to have<br />

someone fight for them, and<br />

I want to be that someone,”<br />

she said.<br />

Also receiving a $2,500<br />

UMWA–Kerr Scholarship is<br />

Hannah Spece <strong>of</strong> Pottsville, Hannah Spece<br />

Pa. The daughter <strong>of</strong> L.U. 4004<br />

member James Spece, Hannah plans to study engineering<br />

at Penn State–University Park.<br />

“Although I do not plan on being a coal miner, growing<br />

up in the Schuylkill County coal region has certainly<br />

influenced my career choice,” Spece said. Armed with her<br />

degree, she plans to return to the region and concentrate<br />

on clean coal technology. <br />

Clarence Minor<br />

U. 1569 member Clarence Minor<br />

<strong>of</strong> Middlesboro, Ky., passed L.<br />

away May 13, 2010. He was 78.<br />

“Brother<br />

Minor was<br />

the only<br />

Financial<br />

Secretary<br />

we ever had,<br />

dating back<br />

to 1968 when<br />

our local was<br />

chartered,”<br />

said former<br />

At-Large International Vice President<br />

Freddie Wright. “He always took<br />

good care <strong>of</strong> our money, and when<br />

he died, there was over $100,000<br />

in our treasury. I saw him at every<br />

International Convention I attended,<br />

and that goes back to 1976. He was a<br />

good solid union man.” <br />

Stanton Eugene Cockrum (center) visits with International Vice<br />

President Emeritus Jerry Jones and L.U. 1345 Recording Secretary<br />

Ron Roberson. A 70-year UMWA member, Cockrum spent 44 years<br />

mining in Old Ben No. 9, No. 22 and No. 24, served as L.U. 1345<br />

President for 20 years and attended nine International Conventions.<br />

<strong>United</strong> <strong>Mine</strong> <strong>Workers</strong> Journal • <strong>July</strong>/<strong>August</strong> 2010 15


around<br />

our Union<br />

AFL-CIO<br />

National Boycotts<br />

TRANSPORTATION & TRAVEL<br />

PACIFIC BEACH HOTEL (HTH)<br />

Luxury Hotel, Waikiki, Hawaii<br />

➤ International Longshore &<br />

Warehouse Union (ILWU)<br />

ENTERTAINMENT &<br />

RECREATION<br />

ECHOSTAR DISHNETWORK<br />

Satellite Television Service<br />

➤ Communications <strong>Workers</strong> <strong>of</strong><br />

<strong>America</strong><br />

BLUEMAN PRODUCTIONS<br />

➤ International Alliance <strong>of</strong> Theatrical<br />

Stage Employes (IATSE)<br />

OTHERS<br />

VINCENT BACH DIVISION<br />

CONN SELMER, INC.<br />

Elkhart, Indiana Musical<br />

Instruments: Trumpets,<br />

Trombones, Saxophones<br />

➤ <strong>United</strong> Automobile <strong>Workers</strong><br />

(UAW)<br />

R.J. REYNOLDS TOBACCO CO.<br />

Cigarettes: BestValue, Camel,<br />

Century, Doral, Eclipse, Magna,<br />

Monarch, More, Now, Salem,<br />

Sterling, Vantage, and Winston; plus<br />

all Moonlight Tobacco products<br />

➤ Bakery, Confectionery, Tobacco<br />

<strong>Workers</strong> & Grain Millers<br />

Phil Smith<br />

Strike at Coal Mountain<br />

Nearly 170 members <strong>of</strong> L.U. 7292 employed by Teck Coal, Ltd., at the company’s<br />

Coal Mountain mine in British Columbia were forced to strike by<br />

the company on Aug. 7. “We’ve been in negotiations for eight months with this<br />

company and have gotten nowhere,” said International Auditor/Teller (Canada)<br />

Bob Burchell, who is leading the negotiations. “They left us no other option but<br />

to strike.”<br />

The striking miners are looking for improvements in pay, benefits and job<br />

security provisions in a new contract. As <strong>of</strong> presstime, the company has refused<br />

to meet with the union to engage in negotiations to settle the strike.<br />

“The International Union and every UMWA member stands in solidarity<br />

with the members <strong>of</strong> L.U. 7292,” President Roberts said. “Their fight is our<br />

fight, and we will provide them with whatever assistance they need.” <br />

The annual Davis Day program was held June 11 in Sydney <strong>Mine</strong>s,<br />

N.S. After an ecumenical church service held in Trinity Anglican<br />

Church, wreaths were laid at <strong>Mine</strong>rs Memorial Park.<br />

Speakers included International<br />

District 2 Vice President Ed Yankovich,<br />

Davis Day International Auditor/Teller Bob Burchell,<br />

Nova Scotia Legislative Assembly Member<br />

Cecil Clark and Cape Breton Regional<br />

Mayor John Morgan. Music was provided by the Men <strong>of</strong> the Deeps and<br />

the Royal Canadian Legion Band.<br />

Davis Day is a UMWA holiday in Canada that marks the anniversary <strong>of</strong><br />

the 1925 murder <strong>of</strong> William Davis, who led a community protest against<br />

the local coal operator in New Waterford after the company shut down<br />

the town’s drinking water and electricity in an attempt to break a strike.<br />

16 <strong>July</strong>/<strong>August</strong> 2010 • <strong>United</strong> <strong>Mine</strong> <strong>Workers</strong> Journal


around<br />

our Union<br />

UMWA takes on Rand Paul in Ky.<br />

After Kentucky U.S. Senate candidate<br />

Dr. Rand Paul (R) said<br />

that he and other legislators who<br />

aren’t mining experts should not<br />

have the “power to make [mining]<br />

rules” in Washington, several UMWA<br />

members held a press conference in<br />

Kentucky to express their concern<br />

about those and other statements<br />

Paul has made regarding mining and<br />

mine safety.<br />

“We depend on federal legislation<br />

to keep us safe in the mines,” said<br />

Bernie Alvey, a L.U. 1793 member.<br />

Paul’s comments were made in<br />

an article published by Details Magazine<br />

in its <strong>August</strong> issue, quoting a<br />

speech the candidate made in Harlan<br />

County, Ky. In the speech, Paul also<br />

said, “You live here, and you have to<br />

work in the mines. You’d try to make<br />

good rules to protect your people<br />

here. If you don’t, I’m thinking that<br />

no one will apply for those jobs.”<br />

“Every mine safety law ever<br />

passed in this country has been written<br />

in the blood <strong>of</strong> dead coal miners,”<br />

International District 12 Vice<br />

President Steve Earle said. “Every<br />

miner knows that federal rules and<br />

regulations are much stricter than<br />

most state rules, and are usually better<br />

enforced. For Rand Paul to call<br />

for rolling back the federal role in<br />

mine safety insults the memory <strong>of</strong> all<br />

those who died so miners today can<br />

have safer mines.”<br />

“Let’s just think for a minute<br />

about the effects <strong>of</strong> federal laws and<br />

regulations,” President Roberts said.<br />

“In the 40 years before the passage <strong>of</strong><br />

the federal <strong>Mine</strong> Safety and Health<br />

Act in 1969, 32,000 miners were<br />

killed in <strong>America</strong>’s coal mines. In the<br />

40 year since that law was passed,<br />

3,200 miners have been killed.<br />

“That’s a 90 percent reduction<br />

in the rate <strong>of</strong> fatalities,” Roberts<br />

said. “So anyone who says that we<br />

Street Beat winner<br />

shouldn’t be passing federal laws<br />

and regulations to keep workers safe<br />

either doesn’t get it or doesn’t care if<br />

workers live or die. Either way, someone<br />

like that does not deserve to be<br />

in Congress.” <br />

U. 5396 won the third annual Fourth <strong>of</strong> <strong>July</strong> 2010 Street<br />

L. Beat Challenge in Ripley, W.Va., with the most members<br />

participating in the event.<br />

Members from as far away as Beckley came and joined the<br />

parade, which was led by Larry K. Matheney, Secretary-Treasurer<br />

<strong>of</strong> the West Virginia AFL-CIO. They will be awarded a plaque at the<br />

West Virginia AFL-CIO Special Convention on Aug. 16.<br />

The Street Beat Challenge is sponsored by the Mason, Jackson,<br />

Roane Central Labor Council. Every year, the council challenges<br />

local unions from across West Virginia to participate in Ripley’s<br />

Fourth <strong>of</strong> <strong>July</strong> parade to proudly participate in this large event. This<br />

year’s Independence Day celebration was held on <strong>July</strong> 3 because<br />

<strong>July</strong> 4 was a Sunday.<br />

Ron Gaskins, CWA, W.Va. Fine Photography, LLC<br />

<strong>United</strong> <strong>Mine</strong> <strong>Workers</strong> Journal • <strong>July</strong>/<strong>August</strong> 2010 17


In MemoRIam<br />

Sen. Robert C. Byrd<br />

R<br />

obert C.<br />

Byrd, the<br />

legendary<br />

senator<br />

from West Virginia<br />

and the longestserving<br />

member<br />

<strong>of</strong> Congress in<br />

the history <strong>of</strong> the<br />

<strong>United</strong> States, died<br />

June 27 at the age<br />

<strong>of</strong> 92.<br />

“UMWA members and all working<br />

families have lost a true friend,” President<br />

Roberts said. “No one did more for coal<br />

miners and their families than Sen. Byrd<br />

did. No one.”<br />

A son <strong>of</strong> West Virginia who married<br />

into a coal-mining family, Sen. Byrd dedicated<br />

his entire life to making things better<br />

for coal miners everywhere. He would<br />

remind audiences that he “lived under a<br />

coal miner’s ro<strong>of</strong>, ate from a coal miner’s<br />

table, slept in a coal miner’s bed, and<br />

helped to carry coal miners to their final<br />

rest in the green hillsides <strong>of</strong> West Virginia.”<br />

He was the lead sponsor <strong>of</strong> the 1969<br />

Coal <strong>Mine</strong>r Health and Safety Act, and con-<br />

“The best<br />

friend<br />

coal<br />

miners<br />

ever had”<br />

dies<br />

at 92<br />

vinced President<br />

Nixon not to veto<br />

the bill. “I have<br />

never let you coal<br />

miners down,”<br />

Byrd <strong>of</strong>ten said<br />

when addressing<br />

miners and their<br />

families.<br />

“Since that<br />

time, Sen. Byrd<br />

consistently<br />

fought for additional protections for<br />

miners,” Roberts said. “He led the charge<br />

to secure the 1977 revisions to the 1969<br />

Act. He fought in 1992 to continue health<br />

care benefits for mining families, and did<br />

tremendous work many times since then<br />

to secure funding, so that today, 100,000<br />

UMWA members and their spouses or<br />

widows are still getting benefits.”<br />

Despite failing health, Sen. Byrd fought<br />

to the very end to improve miners’ lives.<br />

He relentlessly pushed for answers in the<br />

Aracoma and Sago disasters to prevent<br />

tragedies like them from occurring again.<br />

And in his last public appearance in<br />

June 2010, he grilled Massey CEO Don<br />

18 <strong>July</strong>/<strong>August</strong> 2010 • <strong>United</strong> <strong>Mine</strong> <strong>Workers</strong> Journal


Blankenship during a Senate hearing into the Upper<br />

Big Branch mine disaster, listing the number <strong>of</strong> serious<br />

safety violations and record <strong>of</strong> fatalities at the company’s<br />

mines, then saying “Shame!”<br />

to Blankenship.<br />

Byrd fought for<br />

enhanced black lung<br />

benefits his entire<br />

life. Last spring, his<br />

amendments to the<br />

health care bill restored<br />

the process <strong>of</strong> miners<br />

getting—and their widows<br />

West Virginia labor leaders gather on the front steps <strong>of</strong><br />

the UMWA’s District 17 <strong>of</strong>fice in Charleston, W.Va., with a<br />

banner thanking Sen. Byrd for his years <strong>of</strong> service to West<br />

Virginia working families. UMWA International District 17<br />

Vice President Joe Carter is second from right.<br />

keeping—black lung benefits for those miners who<br />

have been totally disabled by this terrible disease.<br />

“We can never forget all that Sen. Byrd did for our<br />

families, our communities and our nation,” Roberts<br />

said. “His lasting legacy will be the millions <strong>of</strong> lives he<br />

touched and improved because <strong>of</strong> his determination to<br />

stand for—and stand with—coal miners. He will be in<br />

our hearts forever more.” <br />

Doug Gibson<br />

<strong>United</strong> <strong>Mine</strong> <strong>Workers</strong> Journal • <strong>July</strong>/<strong>August</strong> 2010 19


DISTRICts<br />

in action<br />

District 2<br />

The Pensioner Leadership Committee<br />

in District 2 is holding its annual<br />

picnic on Saturday, September 18 at<br />

Ten Mile Creek Park near Clarksville,<br />

Pa., in Washington County. The<br />

festivities will start at 10 am.<br />

Expected speakers include<br />

President Roberts, Secretary-<br />

Treasurer Kane, as well as other<br />

UMWA <strong>of</strong>ficers and local politicians.<br />

All active and retired dues-paying<br />

members and widows and their<br />

families are invited.<br />

District 12<br />

On May 18,<br />

L.U. 1740<br />

members<br />

Danny<br />

Thompson (left)<br />

and Kenneth<br />

Russelburg<br />

(right) delivered<br />

225 pounds <strong>of</strong> non-perishable food donated by their local union to<br />

Uniontown Postmaster Paula Berry in support <strong>of</strong> the National Stamp Out<br />

Hunger program sponsored by the National Association <strong>of</strong> Letter Carriers.<br />

District 12<br />

Southern Illinois retirees met on<br />

June 2 in Pinckneyville and the<br />

Central Illinois retirees met on <strong>July</strong><br />

12 in Taylorville.<br />

L.U. 14 hosted its annual <strong>Mine</strong>r’s<br />

Reunion Dinner on <strong>August</strong> 21 in<br />

Mulberry, Kan.<br />

L.U. 2414 will hold its annual<br />

fish fry on September 19 at noon at<br />

the city park in McLeansboro, Ill.<br />

All dues-paying members and their<br />

families are invited.<br />

District 17<br />

L.U. 1857 will have a picnic on<br />

September 11 at the Rutland<br />

Fireman’s Park in Rutland, Ohio<br />

from 12:00-5:00 pm. For more<br />

information, you may contact<br />

Rodney Butcher at (740) 742-2525<br />

or Jack Stollings at (740) 742-4317.<br />

District 20<br />

The UMWA District 20 Corps <strong>of</strong><br />

Chaplains’ Annual “Praise & Worship<br />

Service” took place on <strong>August</strong> 7, at<br />

the L.U. 2397 hall in Brookwood, Ala.<br />

All District 20 families and<br />

friends are cordially invited and<br />

encouraged to attend the upcoming<br />

Labor Day Rally, Mon. September<br />

6 from 10:00 am-4:00 pm in<br />

Tannehill State Park (Farley Field<br />

Trade-day area).<br />

District 20 families and friends<br />

are also invited to the Ninth Annual<br />

<strong>Mine</strong>rs’ Memorial Service, Thurs.,<br />

District 12<br />

(l-r) L.U. 5179 member Kenny<br />

Payne, L.U. 5179 President Larry<br />

Robling, former International<br />

District 12 Vice President<br />

Roger Myers, International<br />

Representative Tim Miller, L.U.<br />

2161 Financial Secretary Ronnie<br />

Huff, International Representative<br />

Tony O’Neal and L.U. 2161<br />

member Carl Smith participated<br />

in the Save <strong>America</strong>n Jobs rally in<br />

Mt. Vernon, Ill., held June 28.<br />

20 <strong>July</strong>/<strong>August</strong> 2010 • <strong>United</strong> <strong>Mine</strong> <strong>Workers</strong> Journal


DISTRICts<br />

in action<br />

District 31<br />

District 31 held its annual Mike<br />

Ayers Memorial Golf Tournament<br />

on May 23. The tournament was<br />

established shortly after the passing<br />

<strong>of</strong> International Executive Board<br />

member Michael Ayers. There were<br />

116 participants as well as numerous<br />

UMWA staff and volunteers.<br />

The tournament is chaired<br />

by retiree Bill Keechel, L.U. 1702<br />

Financial Secretary. Proceeds from<br />

the tournament benefit area schools<br />

through the District 31 Partners in<br />

Education program.<br />

September 23, at the <strong>Mine</strong>rs’ Memorial<br />

Monument at West Brookwood<br />

Church. Pre-service music will start<br />

at 4:00 pm with the service beginning<br />

at 5:00 pm.<br />

District 22<br />

UMWA General Counsel Grant<br />

Crandall and F. Darrell Munsell,<br />

author <strong>of</strong> From Redstone to Ludlow,<br />

were the guest speakers at the<br />

UMWA’s 96th annual Ludlow<br />

Memorial Service on June 27. The<br />

service took place at the Ludlow<br />

Massacre site in Colorado.<br />

The service commemorates the<br />

19 strikers and family members who<br />

were killed by the Colorado National<br />

Guard and company gunmen on<br />

April 20, 1914. Among the dead were<br />

13 women and children who suffocated<br />

when the tent they were hiding<br />

under was set ablaze.<br />

The site <strong>of</strong> the Ludlow tent<br />

colony was designated a National<br />

Historic Landmark in 2009.<br />

District 31<br />

Willard West, a District 31 retiree<br />

from the Robinson Run mine and a<br />

Honoring Our Pensioners<br />

member <strong>of</strong> Local 1501, was honored<br />

as the 2010 Governor’s Service Award<br />

recipient. He has served as Local<br />

President and Chairman <strong>of</strong> both the<br />

<strong>Mine</strong> and Safety committees and has<br />

also served on the District 31 Election<br />

committee.<br />

Willard is also an avid volunteer<br />

with his community. He works with<br />

the city public library and the memorial<br />

museum.<br />

UMWA District <strong>of</strong>ficials recently honored the following retirees for their years <strong>of</strong><br />

service as members <strong>of</strong> the UMWA.<br />

40 Year Pins DISTRICT 2 L.U. 0488 Joe Pacconi, Jr.<br />

L.U. 0600 Thomas L. Brewer, Robert Frailey, David Slovinsky<br />

L.U. 1248 Donald C. Angelo, Luke Burke, Jr. L.U. 1980 Charles H. Miller<br />

L.U. 2300 J.R. Gump, Jr., Robert Vance L.U. 4963 Robert J. Matter,<br />

George L. Miller, Jr. L.U. 7925 Leonard Spory DISTRICT 12 L.U. 1189 Dave<br />

Tribbie L.U. 1410 Freddie G. Kincade L.U. 1423 Jerry Bedwell L.U. 1545 John<br />

Harvey, William Kerley, James Wright L.U. 1605 Walter Anderson, Raymond Ashby,<br />

Larry Draper, Bennie Dukes, Hugh Sears, William H. Whittinghill L.U. 1740 David Brewer, Richard Mann<br />

L.U. 1791 Sammy Beadles, Marvin E. Livermore L.U. 5179 Jerald R. Allen L.U. 9800 Lilburn Schroader<br />

L.U. 9819 Roy Shearer DISTRICT 17 L.U. 1330 William Rutledge L.U. 1340 Robert Marlow, Burrell Pettet<br />

L.U. 1503 Tony Harvey L.U. 1511 Orville Hurley L.U. 2322 Dewey Woolwine L.U. 5997 Cleo England, Phillip<br />

Lucion L.U. 6025 Ralph Childress L.U. 7635 Robert Wade DISTRICT 31 L.U. 1058 Charles Devor, Albert<br />

Wise L.U. 1570 Jesse L. Jones, Jr. L.U. 1638 Donald Hill, David McCray, James Pyles, Kenneth Sisler<br />

50 Year Pins DISTRICT 2 L.U. 0488 Joe Pacconi, Sr. DISTRICT 12 L.U. 1092 Dallas Gilbert<br />

L.U. 9819 Kenneth D. Bandy DISTRICT 17 L.U. 5997 Theodore Hagerman L.U. 7950 Roy Riddle<br />

60 Year Pins DISTRICT 12 L.U. 1092 Wilbur Fortner L.U. 9653 Charles Moore<br />

L.U. 9819 Joseph A. Kovack, Andrew Marcolini, Charles R. Pinnell DISTRICT 17 L.U. 1741 James Butler<br />

L.U. 5997 William Hagerman, Ervin Rorrer DISTRICT 22 L.U. 1799 William Nieto L.U. 6417 Jose F.<br />

Gonzales<br />

70 Year Pins DISTRICT 2 L.U. 4004 Paul Skodacek DISTRICT 12 L.U. 7110 Frank Mikulich<br />

Unfortunately, due to the numbers <strong>of</strong> members receiving pins, the UMW Journal cannot run photos <strong>of</strong> pin<br />

recipients. In order to receive a membership pin, you must submit an application to the District <strong>of</strong>fice. Pins<br />

are not automatically issued. Your district representative will send the names to the UMW Journal.<br />

<strong>United</strong> <strong>Mine</strong> <strong>Workers</strong> Journal • <strong>July</strong>/<strong>August</strong> 2010 21


our<br />

health&safety<br />

<strong>Mine</strong> Safety Bill<br />

The UMWA is supporting<br />

legislation approved by the<br />

House Education and Labor<br />

Committee to improve safety in<br />

<strong>America</strong>’s underground mines.<br />

“This legislation, introduced<br />

by our good friend Committee<br />

Chairman George Miller (D-Calif.),<br />

takes a comprehensive approach<br />

to improving underground mine<br />

safety by making it far more<br />

difficult for rogue operators<br />

to evade the law and their<br />

responsibility to provide a safe<br />

workplace for their employees,”<br />

said President Roberts.<br />

Among its many provisions,<br />

the Robert C. Byrd <strong>Mine</strong>r<br />

Safety and Health Act would<br />

greatly enhance whistleblower<br />

protection for underground<br />

miners and expand the right to<br />

miners’ pay for safety-related<br />

closures. In addition, the bill<br />

would improve the pattern <strong>of</strong><br />

violations (POV) mechanism.<br />

Further, the legislation would<br />

give MSHA broader authority<br />

to investigate mine disasters,<br />

including subpoena power, and<br />

would require an independent<br />

investigation if there are three or<br />

more fatalities.<br />

The bill would also promote<br />

worker health and safety in<br />

other workplaces, including<br />

those unrelated to coal, by<br />

strengthening provisions under<br />

the Occupational Safety and<br />

Health Act. It would increase<br />

OSHA’s civil penalties, which have<br />

not been changed in 20 years,<br />

and set higher penalties when<br />

violations result in fatalities. <br />

UMWA and<br />

USW demand safety action<br />

At an emergency meeting in June<br />

led by President Roberts and<br />

<strong>United</strong> Steelworkers (USW) International<br />

President Leo W. Gerard to<br />

discuss the nation’s alarming rate <strong>of</strong><br />

worker deaths, the two labor leaders<br />

demanded compliance from corporations<br />

and rigorous enforcement <strong>of</strong><br />

regulations from government.<br />

Both spoke to a gathering <strong>of</strong><br />

USW oil workers in Pittsburgh<br />

about troubling rates <strong>of</strong> workplace<br />

fatalities, and discussed strategies to<br />

reduce the number <strong>of</strong> workers killed<br />

on the job.<br />

“A half century ago, UMWA<br />

President John L. Lewis said, ‘Coal<br />

has been splattered by the blood <strong>of</strong><br />

too many miners, and that same<br />

coal has been washed by the tears <strong>of</strong><br />

too many widows and their families,’”<br />

Roberts recounted. “Much has<br />

changed since then in the coalfields,<br />

but we are not yet rid <strong>of</strong> examples <strong>of</strong><br />

coal corporations putting production<br />

and pr<strong>of</strong>it ahead <strong>of</strong> safety.”<br />

Also during that month, 11<br />

workers were killed in the Apr. 20<br />

explosion <strong>of</strong> the BP Macondo oil<br />

rig in the Gulf <strong>of</strong> Mexico, and seven<br />

Tesoro refinery workers died in an<br />

explosion Apr. 2. “The deaths <strong>of</strong><br />

workers, utter destruction <strong>of</strong> the<br />

environment and devastation to<br />

communities are caused by reckless<br />

corporations that revere pr<strong>of</strong>it above<br />

community, the natural world and<br />

human life,” Gerard said.<br />

The union leaders said that the<br />

federal government must intervene<br />

with tougher safety laws and regulations<br />

and stricter enforcement, since<br />

corporations have refused to conduct<br />

themselves honorably and voluntarily<br />

end unnecessary endangerment<br />

<strong>of</strong> workers. <br />

MSHA memo rakes POV screening limits<br />

An internal MSHA memorandum slammed a policy adopted last year that<br />

restricted the agency’s Pattern <strong>of</strong> Violations (POV) authority to require<br />

immediate corrective action.<br />

In March 2009, the Coal <strong>Mine</strong> Safety and Health Administrator directed<br />

district managers to “select no more than one mine on the initial screening<br />

list per field <strong>of</strong>fice and a maximum <strong>of</strong> three mines per district” <strong>of</strong> the mines<br />

meeting POV screening criteria. “We were told this guidance was necessary<br />

to address resource limitations,” MSHA auditor Elliot Lewis told Assistant<br />

Secretary for <strong>Mine</strong> Safety and Health Joe Main in the memo. “However, this<br />

instruction set a limit that was inappropriate for this enforcement program.”<br />

“We are very concerned about mines removed for reasons other than<br />

appropriate consideration <strong>of</strong> the health and safety conditions at those<br />

mines,” Lewis said. “MSHA is not subjecting these mines to the enhanced<br />

oversight that accompanies potential POV status, yet it does not have<br />

evidence that they had reduced their rate <strong>of</strong> significant and substantial<br />

violations. As a result, miners may be subjected to increased safety risks.”<br />

<strong>United</strong> SteelWORKERS<br />

22 <strong>July</strong>/<strong>August</strong> 2010 • <strong>United</strong> <strong>Mine</strong> <strong>Workers</strong> Journal


UMWA–Lorin E. Kerr<br />

Scholarships<br />

Two UMWA–Lorin E. Kerr Scholarships will be<br />

awarded for the 2011–2012 academic year to help<br />

individuals pursue undergraduate degrees in any<br />

field at accredited colleges or universities in the <strong>United</strong><br />

States or Canada.<br />

Who is eligible? Current members <strong>of</strong> the UMWA and<br />

their dependents are eligible to apply for the scholarship.<br />

How much is it worth? The UMWA will award two<br />

scholarships for the 2011–2012 academic year, each for<br />

$2,500. Each will be paid in equal installments—Sept. 2011<br />

and Jan. 2012—as long as the winners have been accepted<br />

to a degree program at a qualified institution.<br />

How can the scholarship be used?<br />

The scholarship can be used only for education expenses. It<br />

is not transferable and will be forfeited if the recipient does<br />

not remain a student in good standing.<br />

How will the winners be chosen? A preliminary screening<br />

committee will select applications to be reviewed by an<br />

independent scholarship selection committee. The decision <strong>of</strong><br />

the committee will be published in the UMW Journal.<br />

To apply for the scholarship, fill out the form below<br />

and mail it, along with the additional material specified in<br />

the instructions, to: UMWA–Lorin E. Kerr Scholarship Fund,<br />

18354 Quantico Gateway Drive, Suite 200, Triangle, VA 22172.<br />

UMWA–Lorin E. Kerr Scholarship Fund<br />

Application Form<br />

(Please print or type)<br />

INSTRUCTIONS: Applications must be submitted along with<br />

the following material, postmarked no later than Feb. 18, 2011.<br />

1. High school transcript.<br />

2. Transcript <strong>of</strong> any college (or other advanced) study.<br />

3. Scholastic Aptitude Test scores, or equivalent (if taken).<br />

4. A 500-word essay that addresses the following questions:<br />

(a) Why are you applying for this scholarship?<br />

Include a description <strong>of</strong> any unusual family or personal<br />

circumstances that have affected your school activities<br />

or work experience or that may affect your ability to<br />

achieve your goals.<br />

(b) What are your educational plans and career objectives?<br />

(c) In your opinion, what are the most important issues<br />

facing the organized labor movement today?<br />

5. On a separate sheet, describe your extracurricular activities<br />

and hobbies.<br />

Name:<br />

Address:<br />

City: State: Zip:<br />

Phone:<br />

Are you a UMWA member?<br />

If yes, L.U.<br />

Birth date:<br />

District<br />

If no, are you a dependent <strong>of</strong> a UMWA member?<br />

Yes<br />

No<br />

UMWA member’s name:<br />

L.U.<br />

District<br />

Degree program in which you intend to enroll (associate’s<br />

degree, bachelor’s degree, etc.):<br />

College or university at which you intend to study:<br />

References: 1.<br />

2.<br />

3.<br />

Note: Please have your references submit letters <strong>of</strong><br />

recommendation directly to the UMWA–Lorin E. Kerr<br />

Scholarship Fund at the above address. At least one <strong>of</strong> your<br />

recommendations must be from an instructor or teacher.<br />

In accordance with the UMWA Constitution, the UMWA–Lorin<br />

E. Kerr Scholarship Fund does not discriminate on the basis <strong>of</strong><br />

age, race, creed, color, nationality or sex.<br />

<strong>United</strong> <strong>Mine</strong> <strong>Workers</strong> Journal • <strong>July</strong>/<strong>August</strong> 2010 23


Printed in the U.S.A.<br />

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Relax.<br />

Enjoy.<br />

50<br />

BEnEFits<br />

help stretch your paycheck<br />

and make life a little easier.<br />

We know you work hard for your money. that’s why we’ve created 50 benefits to<br />

help you and your family get more out <strong>of</strong> life. Visit UnionPlus.org and see how<br />

to:<br />

l save on wireless devices and services available through “Union Proud” At&t.<br />

l Get discounts and upgrades on rental cars, vans, sUVs and trucks, plus great<br />

deals on family vacations.<br />

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restaurants and more.<br />

l secure a Union Plus Mortgage with special cost savings and protections<br />

against lay<strong>of</strong>f, strikes and hardship.<br />

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Plus EVEN morE BENEFITs <strong>of</strong>fer you additional financial, health, insurance,<br />

legal, travel, entertainment and educational savings and services.<br />

For full details, visit UnionPlus.org<br />

UMWA 08/2010

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