July - August - United Mine Workers of America
July - August - United Mine Workers of America
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 />
Live.<br />
Relax.<br />
Enjoy.<br />
50<br />
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help stretch your paycheck<br />
and make life a little easier.<br />
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help you and your family get more out <strong>of</strong> life. Visit UnionPlus.org and see how<br />
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l save on wireless devices and services available through “Union Proud” At&t.<br />
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UMWA 08/2010