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May - June - United Mine Workers of America

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<strong>May</strong>–<strong>June</strong> 2012 123rd Year, No. 3<br />

Stepping up<br />

Young<br />

members<br />

on the<br />

rise


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

journal<br />

Young members step up......................4<br />

The average age <strong>of</strong> UMWA members has<br />

dropped dramatically, increasing the need<br />

for younger members to learn about the<br />

union and move into leadership roles<br />

in their locals. In every corner <strong>of</strong> the<br />

UMWA, that is exactly what is happening.<br />

Labor’s bank.........................................10<br />

As Brotherhood Bank and Trust in<br />

Kansas City works to become the bank <strong>of</strong><br />

choice for unions and union members,<br />

the UMWA is working right alongside as<br />

the collective bargaining representative <strong>of</strong><br />

the bank’s employees.<br />

Departments<br />

Letters.................................................3<br />

Actively Retired...............................13<br />

Government in Action....................14<br />

Around Our Union..........................17<br />

Our Health and Safety....................20<br />

Districts in Action...........................22<br />

Cover: Several <strong>of</strong> the young members from<br />

around the UMWA who are bringing renewed<br />

strength and activism to our union: top<br />

left, Mike Payton, L.U. 9909; middle left,<br />

Mike Shearer, L.U. 1501, bottom left, Willie<br />

Williams, Jr., L.U. 2397; center left, Renea<br />

Aldridge, L.U. 2397; center right top, Cecelia<br />

Alvarado, L.U. 8935; center right bottom,<br />

Eric Popham, L.U. 1984; top right, Adam Fry,<br />

L.U. 1702; upper middle right, Dan Martos,<br />

L.U. 2258; lower middle right, Casey Mullooly,<br />

L.U. 522; bottom right, Chuck Knisell, L.U.<br />

2300. Photos by Phil Smith, David Kameras,<br />

Bill Burke and Dennis O’Dell.<br />

The Mirror <strong>of</strong> History<br />

[Editor’s Note: The UMW Journal is looking<br />

back through pages <strong>of</strong> past issues and<br />

finding that the struggles <strong>of</strong> those who<br />

came before us were not all that different<br />

from what we face today.]<br />

25 Years Ago: Attend Your Local Union Meetings<br />

“Getting more members involved in your local union pays <strong>of</strong>f for everyone—<br />

especially at contract time. More active rank-and-filers means stronger union<br />

programs like health and safety, contract enforcement and political action.<br />

Involvement also brings new respect from management, which makes your mine<br />

a better place to work.” <strong>June</strong> 1987 UMW Journal<br />

50 Years Ago: Coal Dust Can Produce Fatal Lung Diseases<br />

“More than three decades <strong>of</strong> extensive study point to a continuing need to lessen<br />

concentration <strong>of</strong> coal dust in mines. Dust from coal seams can produce serious<br />

and fatal pneumoconiosis, and this applies to both anthracite and bituminous coal.<br />

These diseases can occur in the absence <strong>of</strong> significant amounts <strong>of</strong> free silica.”<br />

<strong>June</strong> 1, 1962 UMW Journal<br />

75 Years Ago: Social Security Law Held Constitutional<br />

“In one <strong>of</strong> those famous five-to-four decisions, the U.S. Supreme Court upheld<br />

the Social Security law in its entirety. Justice Cardozo wrote the opinion <strong>of</strong> the<br />

majority, in which he was joined by Chief Justice Hughes and Justices Brandeis,<br />

Stone and Roberts. The decision settles the question <strong>of</strong> the constitutionality <strong>of</strong> the<br />

law, which affects more than 26,000,000 persons in the <strong>United</strong> States.”<br />

<strong>June</strong> 1, 1937 UMW Journal<br />

100 Years Ago: <strong>Mine</strong>rs’ Families Driven From Home<br />

“Twenty-five hundred men, women and children, miners and their families,<br />

are camped tonight in the hills behind Kaylor, an Allegheny valley mining town,<br />

70 miles northeast <strong>of</strong> Pittsburgh. The Great Lakes Coal Company, the corporation<br />

owning the mines and the houses, served notice earlier in the week that unless<br />

the miners signed a wage scale lower than the one agreed to at the Cleveland<br />

convention and returned to work, the houses must be vacated.”<br />

<strong>June</strong> 6, 1912 UMW Journal<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: Pitney Bowes International Services, P.O. Box 25542, London, ON N6C 6B2.<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>May</strong>/<strong>June</strong> 2012 • <strong>United</strong> <strong>Mine</strong> <strong>Workers</strong> Journal


letters<br />

Peabody ends relief<br />

funding program from<br />

miners<br />

[Editor’s note: The miners at Peabody’s<br />

Willow Lake mine near Harrisburg,<br />

Ill., voted last year to be<br />

represented by the UMWA. However,<br />

the company continues to contest the<br />

election, even though an NLRB Administrative<br />

Law Judge has ruled against<br />

the company, and the NLRB and a<br />

federal judge have ordered the company<br />

to reinstate a miner fired during the<br />

election period because <strong>of</strong> company<br />

misdeeds. The UMW Journal received<br />

a copy <strong>of</strong> this letter from the L.U. 5929<br />

president to the company.]<br />

On or about April 9, 2012, [the<br />

local] was made aware that management<br />

would no longer take out the<br />

voluntary check<strong>of</strong>f from employees’<br />

paychecks, as they have done for over<br />

16 years. This program was started to<br />

help employees and members <strong>of</strong> our<br />

community in times <strong>of</strong> need. The<br />

program has helped employees who<br />

were unable to work due to illness or<br />

injury, for employees whose homes<br />

have burned and other hardships,<br />

the Share Your Blessings to help lessfortunate<br />

kids have Christmas and<br />

recently, the tornado victims<br />

<strong>of</strong> Harrisburg.<br />

Our members signed a sheet to<br />

give over four thousand dollars to<br />

the victims <strong>of</strong> the tornado. That is<br />

when management made the decision<br />

to stop the long-standing past<br />

practice <strong>of</strong> the automatic check<strong>of</strong>f.<br />

That will have a substantial impact<br />

on the employees, without any prior<br />

notice to the union.<br />

We feel that management has<br />

made a unilateral change.... We<br />

request that management rescind the<br />

decision to eliminate the voluntary<br />

check<strong>of</strong>f.<br />

Greg Fort, President<br />

L.U. 5929<br />

Thanks to L.U. 9909<br />

members<br />

I am currently <strong>of</strong>f work due to lung<br />

cancer, my second time around. I just<br />

wanted to write this letter to show<br />

my gratitude to the men and women<br />

<strong>of</strong> L.U. 9909, Loveridge #22 mine,<br />

District 31, and what they have done<br />

for me.<br />

These members have gone above<br />

and beyond to show great unity<br />

and great consideration <strong>of</strong> one <strong>of</strong><br />

their own. I am honored that they<br />

chose me as the recipient <strong>of</strong> Consol’s<br />

Working Safely for a Cause program.<br />

Again, I thank you all and God<br />

Bless!<br />

Jon Smith<br />

L.U. 9909<br />

Correction: In the story entitled<br />

“Woven into the fabric” in the<br />

March-April 2012 issue <strong>of</strong> the<br />

UMW Journal, L.U. 2397 member<br />

Dale Fisher was misidentified. The<br />

UMW Journal regets the error. Our<br />

apologies to Sister Fisher.<br />

The UMW Journal welcomes letters. Please<br />

include your name, address and local number<br />

and keep letters as short as possible. Letters<br />

may be edited for length and clarity. Send to<br />

UMW Journal, UMWA, 18354 Quantico Gateway<br />

Drive, Suite 200, Triangle, VA 22172 or email to:<br />

journal@umwa.org.<br />

Kindergartner wins<br />

Virginia Coal Fair<br />

top prize<br />

I wanted to take this opportunity to<br />

share with you the story <strong>of</strong> my son,<br />

Brady Armistead, who is a kindergartner<br />

from Norton, Va. Brady<br />

entered the CEDAR <strong>of</strong> Virginia Coal<br />

Fair and won Student <strong>of</strong> the Year and<br />

nearly $1,600 for his narrated video<br />

<strong>of</strong> his trip to an inactive coal mine.<br />

Brady loves coal and he loves coal<br />

miners, and he is very proud to have<br />

coal miners in his family.<br />

Nearly 600 students from grades<br />

K–12 from many counties and many<br />

schools competed in this highly competitive<br />

Coal Fair.<br />

Brady thanks coal miners in his<br />

video, and I wanted to share this with<br />

you in the hopes that miners will<br />

remember what an inspiration they<br />

are to all <strong>of</strong> us.<br />

Alicia Armistead<br />

Big Stone Gap, Va.<br />

[Editor’s note: According to its website,<br />

www.cedarva.com, “CEDAR (Coal<br />

Education Development and Resources)<br />

<strong>of</strong> Virginia, Inc., is an all-volunteer,<br />

non-pr<strong>of</strong>it corporation whose mission<br />

is to facilitate the increase in knowledge<br />

and understanding <strong>of</strong> the many benefits<br />

the coal industry provides in our<br />

daily lives by providing financial and<br />

educational resources to local teachers<br />

and students.]<br />

<strong>United</strong> <strong>Mine</strong> <strong>Workers</strong> Journal • <strong>May</strong>/<strong>June</strong> 2012 3


Stepping up<br />

A new generation <strong>of</strong> UMWA<br />

takes on the challenges <strong>of</strong> leadership<br />

When Jim Burk came to Cumberland mine in Greene County,<br />

Pa., in 2006, he had some mining experience but had never<br />

been seriously involved in his local union. After his first L.U.<br />

2300 meeting, that all changed.<br />

“Our local president at the time<br />

stressed how important it was for<br />

young guys to step up and get involved,”<br />

Burk said. “I looked around<br />

and I thought, ‘This is going to be<br />

our union in a few years, we’ve got<br />

to start getting ready for that.’ I don’t<br />

like seeing the company pushing<br />

people around, running over guys, so<br />

I just thought I can be a voice on the<br />

job for the membership.”<br />

Two years later, he was elected to<br />

the <strong>Mine</strong> Committee and has been<br />

working to resolve grievances and<br />

other issues at the mine ever since.<br />

For L.U. 1307 Recording Secretary<br />

Matt Maus, getting involved just<br />

made sense for his job and his future<br />

at Wyoming’s Kemmerer mine. “I figured<br />

if I’m going to be in the union,<br />

I might as well go to meetings and be<br />

active. That way I would have more<br />

<strong>of</strong> a say. Sometimes guys complain<br />

that, ‘Oh, we didn’t get this or that<br />

in the contract.’ Well, I wanted to<br />

do more than complain, I wanted to<br />

have a say in what was in it.<br />

“I like helping when members<br />

have a question about the contract,”<br />

the 28-year-old Maus said. “I get into<br />

a lot <strong>of</strong> different things. There’s an<br />

ongoing stream <strong>of</strong> work for a local<br />

union, and believe it or not, it can<br />

be rewarding.”<br />

“One <strong>of</strong> the best things about<br />

taking on a position in the union<br />

is the ability to help your fellow<br />

members when they have a problem,”<br />

President Roberts said. “Serving as a<br />

local union <strong>of</strong>ficer or on a committee<br />

takes extra time, no doubt about it. It<br />

can cause some headaches and some<br />

sleepless nights.<br />

“But the other side <strong>of</strong> that is<br />

knowing that you are doing something<br />

for the other people in your<br />

local union that helps everyone and<br />

makes us all stronger,” Roberts said.<br />

“After all, that’s what being in a union<br />

is all about. Without people who are<br />

willing to step into leadership roles,<br />

enforce the contract, make sure the<br />

workplace is safe and make sure<br />

members get the pay and benefits<br />

they’ve rightfully earned, we wouldn’t<br />

stay a strong union for very long.”<br />

Filling the generation gap<br />

in coal<br />

A rapid transformation is underway<br />

in the North <strong>America</strong>n coal industry.<br />

As technology improved and mine<br />

productivity skyrocketed over the<br />

last 25 years, most companies didn’t<br />

Jim Burk<br />

add very many workers over that<br />

time. People hired in the 1970s and<br />

1980s generally had steady work in<br />

the mines, but as they aged, there<br />

were few hired after them. That all<br />

changed in the last decade.<br />

Three things happened in the<br />

coal industry in the middle <strong>of</strong> the<br />

2000s that spurred new hiring: The<br />

demand for coal went up significantly,<br />

the price <strong>of</strong> coal went up significantly<br />

as well and the older generation<br />

<strong>of</strong> miners began to retire. This<br />

made it imperative for the companies<br />

to hire new workers. In the years<br />

since then, that trend has accelerated.<br />

“We’ve seen the average age<br />

<strong>of</strong> miners at most <strong>of</strong> the UMWA<br />

mines go from about 50 to about<br />

35 in just a few years,” Secretary-<br />

Treasurer Kane said. “At some mines,<br />

the average age is even younger. Our<br />

older members are retiring, and that<br />

includes those who have filled leader-<br />

Phil Smith<br />

4 <strong>May</strong>/<strong>June</strong> 2012 • <strong>United</strong> <strong>Mine</strong> <strong>Workers</strong> Journal


members<br />

Phil Smith<br />

David Kameras<br />

ship roles in the local unions. We<br />

need these young people to step up,<br />

and I’m glad to see that so many <strong>of</strong><br />

them are.”<br />

Many <strong>of</strong> the new generation <strong>of</strong><br />

union leaders are from a UMWA<br />

family, and so are familiar with the<br />

union and the benefits it brings to<br />

both active and retired miners and<br />

their families. But many more are<br />

first-generation miners who have no<br />

previous attachment to the union.<br />

L.U. 2245 Vice President and<br />

<strong>Mine</strong> Committee Chairman Doug<br />

Ward is one <strong>of</strong> those. A veteran<br />

who served tours in both Iraq and<br />

Afghanistan, Ward understands the<br />

value <strong>of</strong> brotherhood, teamwork and<br />

watching out for each other’s back.<br />

“I worked in a nonunion job,<br />

and now I’ve worked union,” Ward<br />

said. “There is a real difference. It’s<br />

like one big brotherhood. The union<br />

tries to help you when you have a<br />

problem, but you’ve got no one on<br />

your side when you’re working without<br />

a union. I like being able to help<br />

people with their problems.<br />

“Being active at the Jim Walter<br />

Resources #4 mine in Alabama has<br />

its benefits,” Ward said. “You learn<br />

a lot about mine safety and how a<br />

mine is supposed to work. I’ve met<br />

some great people and have had very<br />

good leaders at this local who have<br />

helped me.”<br />

Responsibility and reward<br />

Mike Shearer, who works at the<br />

Robinson Run mine in West Virginia,<br />

is a 31-year old fourth-generation<br />

union coal miner who serves on<br />

the L.U. 1501 <strong>Mine</strong> Committee, the<br />

Safety Committee and the Organizing<br />

Committee. “It’s in my blood,” he<br />

said. “It’s the only industry around<br />

here that you can be in that has a<br />

strong union. I don’t mean to slam<br />

anybody else, but the UMWA is the<br />

strongest union around.<br />

“You’ve got to have broad shoulders,”<br />

Shearer said. “Sometimes you<br />

go home and it wasn’t a good day,<br />

because you can’t give your people<br />

the answers they wanted, when they<br />

wanted or how they wanted.<br />

“There can be 10 bad things that<br />

happen in a day, but if I help that one<br />

person, that’s good enough for me,”<br />

Shearer said. “I do what I can to the<br />

best <strong>of</strong> my ability to help a person,<br />

and that’s all anyone can do.”<br />

L.U. 2300’s Burk agrees. “I get<br />

out <strong>of</strong> my truck in the parking lot<br />

and I’ve already got people coming<br />

at me,” he said. “You’ve got to be<br />

honest with them. They might not<br />

like the answer they get from you,<br />

they might get mad, but in the end,<br />

people respect you for being upfront<br />

and telling them what you think. The<br />

reward is being able to step in and <br />

<strong>United</strong> <strong>Mine</strong> <strong>Workers</strong> Journal • <strong>May</strong>/<strong>June</strong> 2012 5


Brian Seabolt<br />

Michael Bauer<br />

Phil Smith<br />

David Kameras<br />

Matt Johnson<br />

make sure the company is<br />

doing right by the workforce<br />

and by the contract.”<br />

Michael Bauer, L.U. 1101<br />

Recording Secretary at the Beulah<br />

mine in North Dakota, also serves<br />

on the <strong>Mine</strong> Committee, the Safety<br />

Committee and the <strong>Mine</strong> Rescue<br />

Team. “My father is the president <strong>of</strong><br />

our local, so I had the full union experience<br />

growing up,” he said. “Those<br />

<strong>of</strong> us who are coming up need to<br />

pick up the ball and run with it.<br />

“I’ll be honest, some days it’s a<br />

really thankless job,” Bauer said. “But<br />

some days it’s incredibly rewarding.<br />

A lot <strong>of</strong> the work is answering questions<br />

about the contract and about<br />

whether things were done properly<br />

or not. Members come looking for<br />

answers, and its my job to get those<br />

answers for them. No one else is going<br />

to do this for us, we have to step<br />

up and do it ourselves.”<br />

L.U. 9909 President Mike Payton<br />

has been working at the Loveridge<br />

mine in West Virginia since 2007.<br />

Payton’s mother was also an underground<br />

coal miner, a single mom<br />

who raised four children. “There<br />

came a point where I realized that<br />

there was a need for younger guys at<br />

our local to step up and take these<br />

jobs on,” Payton said.<br />

“The older guys in the local at<br />

that time said, ‘You need to sit in<br />

on grievance meetings, you need to<br />

go check this out, you need to go to<br />

this rally,’ and I saw for myself what<br />

a difference it makes when someone<br />

has your back,” Payton said. “I<br />

saw how close the UMWA family is<br />

outside <strong>of</strong> the mine, at the District<br />

and International levels. I understood<br />

that when we say ‘solidarity,’ it<br />

means something.<br />

“But I take it home every day,”<br />

Payton said. “The phone calls, the<br />

conversations.... They say it’s a thankless<br />

job but it’s really not because you<br />

realize you’re helping people at the<br />

mine and you’re helping the union.<br />

Somebody’s got to do it, you know.<br />

We’ve got to keep this union going.<br />

There is too much at stake not to.”<br />

Strong local<br />

unions matter<br />

everywhere<br />

A strong local union is important<br />

no matter where you work. For<br />

Casey Mullooly, a 33-year old<br />

correctional <strong>of</strong>ficer at the Westmoreland<br />

County, Pa., prison, getting<br />

active in his local union was<br />

about standing up for what’s right.<br />

“I don’t like bullies,” Mullooly said.<br />

“When you stop management from<br />

bullying workers, it makes all your<br />

time and effort worthwhile.”<br />

The current vice president and<br />

former president <strong>of</strong> L.U. 522, Mullooly<br />

was instrumental in changing<br />

the assignment system for where <strong>of</strong>ficers<br />

are posted in the facility. “Who<br />

“We’ve got to keep<br />

this union going.<br />

There is too much<br />

at stake not to.”<br />

6 <strong>May</strong>/<strong>June</strong> 2012 • <strong>United</strong> <strong>Mine</strong> <strong>Workers</strong> Journal


Phil Smith<br />

received good posts and who got bad<br />

posts were at the whim <strong>of</strong> management,”<br />

Mullooly said. “If someone<br />

was filing a grievance or was not<br />

liked by management for another<br />

reason, they would get bad shifts. We<br />

got that changed. Now posts are bid<br />

out and it’s done by seniority. That’s<br />

how it’s supposed to be.”<br />

Matt Johnson, vice president<br />

<strong>of</strong> L.U. 4242 at Brotherhood Bank<br />

and Trust in Kansas City, knows the<br />

members at his workplace don’t have<br />

the same challenges as other UMWA<br />

members do. “We don’t have many<br />

safety issues here. We don’t work<br />

with heavy machinery or dynamite.<br />

Matthew Miller<br />

“But when you have a union,<br />

there is still the internal relief you<br />

feel <strong>of</strong> someone having your back<br />

when you need them,” Johnson said.<br />

“There just isn’t as much stress at<br />

work for the employees.”<br />

Ronald Yanik, the financial secretary<br />

<strong>of</strong> newly organized L.U. 285 at<br />

Sandvick Mining and Construction,<br />

tells younger members that “if it<br />

wasn’t for the workers here, the company<br />

wouldn’t be what it is. You have<br />

to look out for your future, because<br />

you can bet the company will look<br />

out for its future. You have to stand<br />

up and use your voice, because the<br />

company sure won’t.”<br />

New workforce,<br />

same issues<br />

Many young UMWA miners worked<br />

in a nonunion mine before they<br />

were hired at a union mine. For<br />

them, there is something <strong>of</strong> a culture<br />

shock coming to a union mine.<br />

For 37-year old Matthew Miller,<br />

coming to the Robinson Run mine<br />

was a godsend.<br />

“At the nonunion mine where I<br />

worked, you kept your mouth shut,<br />

you didn’t question what they said or<br />

you were out <strong>of</strong> the mine and out <strong>of</strong><br />

a job,” Miller, who is a mine committeeman<br />

at L.U. 1501, said. “Safety<br />

is just so different. You don’t have<br />

a say-so at that nonunion mine, it<br />

didn’t matter if it was safe or not.<br />

“At a nonunion mine, it’s the last<br />

thing they care about,” Miller said.<br />

“And some <strong>of</strong> these young guys coming<br />

in, that’s all they’ve ever known.<br />

They don’t know that what they’re<br />

doing is unsafe, that’s the way they<br />

“I’m going to do whatever it takes to keep us going.<br />

Because together, collectively, we can do anything.”<br />

were taught. They don’t know that<br />

they have safety rights.”<br />

“Some <strong>of</strong> these young guys—19,<br />

20, 21 years old—still think they’re<br />

bulletpro<strong>of</strong>,” Mike Shearer said.<br />

“They need to understand that there<br />

is a reason there are safety laws.<br />

Every one <strong>of</strong> those laws is written in<br />

the blood <strong>of</strong> a dead or injured miner<br />

who was once just like them.”<br />

“It can take a while for some <strong>of</strong><br />

the red-hats (new hires) to understand<br />

that they have a voice here,”<br />

said Travis Elswick, a mine committeeman<br />

at L.U. 2286 at the Hobet<br />

mine in West Virginia. “They’re coming<br />

into a union setting for the first<br />

time, and they don’t know what to<br />

think when they find out they have<br />

a say. You’ve got to get them to open<br />

up and see they have a right to stand<br />

up for themselves when it comes to<br />

safety or following the contract. But<br />

when they do, watch out!”<br />

“Sometimes guys will say they<br />

can go down the road to a nonunion<br />

mine and make more money,” said<br />

Brian Seabolt, the 28-year old chairman<br />

<strong>of</strong> the L.U. 1713 <strong>Mine</strong> Committee<br />

at the Pinnacle mine in southern<br />

West Virginia. “What they’re not<br />

thinking about is that if it weren’t<br />

for the UMWA, they wouldn’t be<br />

making that kind <strong>of</strong> money at that<br />

nonunion mine. It’s the sacrifices our<br />

forefathers made that got us to where<br />

we are today.”<br />

<br />

<strong>United</strong> <strong>Mine</strong> <strong>Workers</strong> Journal • <strong>May</strong>/<strong>June</strong> 2012 7


“I have an<br />

opportunity to help<br />

people, to help them<br />

realize they have a<br />

voice on the job.”<br />

Ask these<br />

local leaders<br />

what the most<br />

rewarding thing<br />

about what they do is,<br />

and you’ll get the same<br />

answer: keeping people<br />

on the job. “I know all the<br />

members in my local,” Mullooly said.<br />

“I know their families. I went to a<br />

member’s house when we were in<br />

arbitration to save his job, and I saw<br />

his daughter sitting at the kitchen<br />

table doing her homework. I know<br />

he needs that job to keep food on<br />

that table for her and a ro<strong>of</strong> over<br />

her head.”<br />

“Saving someone’s job, that’s a<br />

good day,” said Dan Martos, chairman<br />

<strong>of</strong> the L.U. 2258 <strong>Mine</strong> Committee<br />

at the Emerald mine in Pennsylvania.<br />

“This job doesn’t stop when I<br />

clock out. I see people in the parking<br />

lot, I get phone calls at home. That’s<br />

all part <strong>of</strong> it, and I’m OK with that.<br />

But when you feel like you’ve helped<br />

a person keep their job, get the things<br />

they deserve under the contract...,<br />

yeah, that’s a good day. Because you<br />

know it’s not just<br />

them you’ve helped,<br />

it’s the whole local, the<br />

whole union.”<br />

“People make mistakes,”<br />

said Seabolt. “Sometimes<br />

they get themselves<br />

into trouble and we have to get<br />

them out <strong>of</strong> it. After a while, there<br />

isn’t anything you can do for some<br />

<strong>of</strong> them, but for others, it can be an<br />

eye-opener and we can get them on<br />

the right road. They don’t miss a day<br />

<strong>of</strong> work, they do their jobs and they<br />

go home safe every night.<br />

“The job <strong>of</strong> a mine committeeman<br />

is to enforce the contract,”<br />

President Roberts said. “That<br />

includes making sure all the rules are<br />

followed with respect to discipline<br />

and discharge. It’s not fun, it’s not<br />

glamorous, but it is one <strong>of</strong> the things<br />

that separates a union from a nonunion<br />

job. When you have a written<br />

contract with a strong grievance<br />

procedure in it, management needs<br />

a lot more reason to fire you than<br />

just a whim. That’s an important<br />

lesson to learn early in a union<br />

member’s career.”<br />

Taking on a larger role<br />

Some younger members, like Mike<br />

Payton from L.U. 9909, have taken<br />

on the greater level <strong>of</strong> responsibility<br />

<strong>of</strong> being local union president.<br />

L.U. 2300’s Chuck Knisell served<br />

as vice president <strong>of</strong> his local before<br />

assuming the presidency last year. He<br />

wouldn’t change a thing.<br />

“I have an opportunity to help<br />

people, to help them realize they<br />

have a voice on the job,” Knisell<br />

said. “I am pretty lucky, we’ve always<br />

been on top <strong>of</strong> safety at Cumberland.<br />

We’ve been running this<br />

way for a long time, so the guys<br />

here don’t have to worry as much<br />

about getting hurt—or worse—on<br />

their shift.<br />

“They’re not worrying about<br />

being forced to make an unsafe decision<br />

to keep their job,” Knisell said.<br />

“It makes for a pretty friendly atmosphere<br />

around the bathhouse. And it<br />

means we can focus more on being<br />

a strong local union that is there to<br />

help everyone and make this a good<br />

place to work.”<br />

Holding the top local union<br />

job can be stressful, especially for<br />

someone who is barely in his 30s.<br />

“Sometimes I feel like I have to be<br />

Mr. Perfect, that everyone’s eyes are<br />

on me,” Knisell said. “That comes<br />

with the territory. I have a lot <strong>of</strong> help<br />

at this local from younger guys and<br />

older guys. The bond between the<br />

miners is special. I am really good<br />

friends with men old enough to be<br />

my father or grandfather. That just<br />

doesn’t happen anywhere else.”<br />

Payton credits some <strong>of</strong> the older<br />

members at L.U. 9909, some who<br />

have retired and some who are still<br />

working, with helping provide guid-<br />

Phil Smith<br />

8 <strong>May</strong>/<strong>June</strong> 2012 • <strong>United</strong> <strong>Mine</strong> <strong>Workers</strong> Journal


“I’ve got a voice, I’m not going to just sit there<br />

with my tail between my legs.”<br />

ance when he needs it. “They gave me<br />

a chance, helped me learn, and they’re<br />

still keeping an eye out for me. If I<br />

need to call on them, they are there.”<br />

For L.U. 1702 member Adam<br />

Fry, the responsibilities can sometimes<br />

weigh heavy. In addition to<br />

being on the <strong>Mine</strong> Committee and<br />

Safety Committee at the Blacksville<br />

#2 mine in West Virginia, the 31-year<br />

old Fry is also working part time at<br />

the District 31 <strong>of</strong>fice handling grievances<br />

and arbitrations.<br />

“I enjoy being able to get around<br />

and talk to people at other mines, see<br />

what’s going on there,” Fry said. “I<br />

wish I could meet them under other<br />

circumstances, because if they see<br />

me, it’s because something’s wrong.<br />

But when we get the grievance resolved<br />

and they’re back to work, then<br />

it’s all worthwhile.”<br />

“It’s worth every minute”<br />

Though serving as a local union<br />

<strong>of</strong>ficer or committee member<br />

can sometimes mean dealing<br />

with upset coworkers, the rewards<br />

are overwhelming.<br />

“It’s worth every minute,” sad<br />

Martos. “You get to know a lot <strong>of</strong><br />

people, and the feeling <strong>of</strong> brotherhood<br />

is awesome. You get a feeling<br />

<strong>of</strong> accomplishment, knowing that<br />

you’re doing a job that makes you<br />

a part <strong>of</strong> the entire international<br />

union. A small part, yeah, but a<br />

key part.”<br />

“I’ve got a voice, I’m not going<br />

to just sit there with my tail between<br />

my legs,” said Jim Burk. “Plus, I’ve<br />

been able to meet a lot <strong>of</strong> new people<br />

I would never have met otherwise.<br />

You realize you’re part <strong>of</strong> a bigger<br />

thing, but that it only works if those<br />

<strong>of</strong> us at the local level do our jobs.”<br />

“I think we’re at a crossroads<br />

right now, but I’m certain this union<br />

can survive,” L.U. 1501’s Miller said.<br />

“We’re going to have to fight some<br />

to keep our union strong, but that’s<br />

nothing new. As for me, I’m going to<br />

do whatever it takes to keep us going.<br />

If a brother needs me, I’ll be there.<br />

If a sister needs me, I’ll be there.<br />

Because together, collectively, we can<br />

do anything.”<br />

That is exactly the spirit that has<br />

kept the UMWA the strong, powerful<br />

voice for working families in North<br />

<strong>America</strong> for more than 120 years.<br />

And that determination to stick<br />

together to meet and overcome the<br />

challenges we will face in the years to<br />

come remains alive and well in a<br />

new generation <strong>of</strong> UMWA members<br />

and leaders.<br />

The future is in good hands. <br />

Doug Ward<br />

<strong>United</strong> <strong>Mine</strong> <strong>Workers</strong> Journal • <strong>May</strong>/<strong>June</strong> 2012 9


Banking on Labor<br />

Membership branches into<br />

financial services<br />

<strong>America</strong> was a different place<br />

in 1924. A small but growing<br />

middle class, boosted by a still-young<br />

labor movement, needed a place<br />

they could trust to keep their money.<br />

Banks were local enterprises, relying<br />

on the goodwill from and a strong<br />

sense <strong>of</strong> duty to their customers.<br />

When the International Brotherhood<br />

<strong>of</strong> Boilermakers founded Brotherhood<br />

Bank and Trust in Kansas<br />

City, Mo., that year to serve working<br />

families, the future seemed bright for<br />

worker-friendly banks.<br />

“Whether you’re in banking<br />

or ditch-digging, the<br />

common working person<br />

needs a voice.”<br />

Today, Brotherhood Bank is<br />

one <strong>of</strong> the very few labor-oriented<br />

banks left in the <strong>United</strong> States. It has<br />

survived the Great Depression <strong>of</strong><br />

the 1930s and the Great Recession<br />

<strong>of</strong> 2008. It has one other distinction<br />

as well: The bank’s employees are<br />

represented by the UMWA.<br />

“By providing a collective voice<br />

to these financial services workers,<br />

our union has demonstrated once<br />

again our ability to meet the desire<br />

<strong>of</strong> working people to be in a strong<br />

union, irrespective <strong>of</strong> trade or location,”<br />

said President Roberts.<br />

A smart investment<br />

“I’ve always wanted to work at<br />

Brotherhood Bank,” said L.U. 4242<br />

Vice President Matt Johnson, a<br />

“universal” (personal) banker and<br />

member <strong>of</strong> the Grievance and Safety<br />

committees. “My father works here,<br />

and I’ve known a lot <strong>of</strong> the people<br />

who have worked here a long time.”<br />

Johnson has observed a notable<br />

reduction in workplace stress since<br />

the UMWA came on the scene.<br />

“Management has always been<br />

decent to work with, but you never<br />

knew when there was going to be an<br />

organizational change. Now people<br />

know they’re not going to come to<br />

work and find everything different.<br />

You know that there’s somebody else<br />

out there working for you, as opposed<br />

to you being on your own.”<br />

Universal banker Brenda<br />

Hernandez, who got into banking<br />

through an internship while studying<br />

accounting in high school, has seen<br />

a lot <strong>of</strong> changes with the UMWA at<br />

Brotherhood. “Being in the union is<br />

great for me. Now we have a Safety<br />

Committee, which means if something<br />

isn’t safe, we can get it resolved.<br />

We get more benefits. We got a raise;<br />

we hadn’t had a raise in a while, and<br />

didn’t know when we would get one.<br />

“Also, we have a voice,” she said.<br />

“We’re able to say, ‘hey, this is not<br />

right’ or ‘something’s going on,’ and<br />

we have someone there to help us out<br />

if we have an issue. Before, I think<br />

people held stuff back because they<br />

couldn’t say things straight to managers<br />

and have someone at their back.<br />

You are actually able to have somebody<br />

speak for you or defend you.”<br />

Sherri O’Connor, a universal<br />

banker at the Mid-County Branch,<br />

agrees. “It’s put us on a more level<br />

playing field with management. I<br />

think unions are good in every pr<strong>of</strong>ession.<br />

You have someone to protect<br />

your rights. Whether you’re in banking<br />

or ditch-digging, the common<br />

working person needs a voice.<br />

“I’ve been in banking for<br />

45 years,” she said. “With a union<br />

here, management treats everyone<br />

the same.”<br />

“I like the bank; it’s been good<br />

to me and it’s really a good place<br />

to work,” said Rich Filbert, a trust<br />

operations specialist. “I get along<br />

with everybody. It seems like a small<br />

family; everybody knows everybody.”<br />

“The union’s presence gives both<br />

management and the employees the<br />

opportunity to increase and enhance<br />

David Kameras<br />

10 <strong>May</strong>/<strong>June</strong> 2012 • <strong>United</strong> <strong>Mine</strong> <strong>Workers</strong> Journal


our relationship,” said L.U. 4242<br />

President David Stokes, a network<br />

engineer in the Technology and<br />

Operations Division. “There’s been<br />

some evidence <strong>of</strong> that already, and<br />

my anticipation is that moving forward,<br />

it will get closer and stronger.”<br />

Bank <strong>of</strong> Labor<br />

“Financial services in this country<br />

are dominated by a handful <strong>of</strong><br />

enormous national banks, using<br />

their depositors’ money to invest in<br />

places and <strong>of</strong>ten risky ventures far removed<br />

from their customers,” noted<br />

Secretary-Treasurer Kane. “It is rare<br />

indeed to have a bank that actively<br />

identifies with union workers, capably<br />

manages union funds and creates<br />

good jobs for working families.”<br />

One thing that makes Brotherhood<br />

Bank special is the degree to<br />

which it has reached out to the labor<br />

movement for 88 years. Its Trust Division<br />

alone has nearly $6 billion in<br />

assets, 95 percent from labor-related<br />

sources. Today, referencing its newfound<br />

partnership with the UMWA,<br />

the bank has launched what it calls<br />

the Bank <strong>of</strong> Labor—an initiative<br />

to expand the bank’s mission beyond<br />

the Kansas City area and open<br />

up existing trust accounts to new<br />

union customers.<br />

“‘Bank <strong>of</strong> Labor’ is a name we<br />

have chosen for our division that<br />

was specifically formed to meet the<br />

needs <strong>of</strong> the labor community,” said<br />

bank President Bob McCall. “It was<br />

born, in part, by labor approaching<br />

the bank and saying, ‘We are tired<br />

<strong>of</strong> dealing with these large, multinational,<br />

impersonal, anti-labor<br />

banks that have caused an economic<br />

downturn, and have put hundreds<br />

<strong>of</strong> thousands, if not millions, <strong>of</strong> our<br />

members out <strong>of</strong> work.’<br />

“This is essentially a bank<br />

without walls, and we have invested<br />

Bob McCall<br />

millions <strong>of</strong> dollars to reach the labor<br />

community, wherever they are,<br />

through the electronic medium,”<br />

McCall said. “Once we explain that<br />

you’re not only working with a<br />

union-owned bank, but one where<br />

the employees are represented by the<br />

UMWA, one <strong>of</strong> the greatest labor<br />

organizations in the country, people<br />

really do start to take notice.”<br />

“You’re not only working with<br />

a union-owned bank, but<br />

one where the employees are<br />

represented by the UMWA.”<br />

Hernandez agreed. “I have had a<br />

lot <strong>of</strong> customers say, ‘Oh, I’ve heard<br />

you’re a union bank now, and I want<br />

to open an account.’”<br />

“Unions are made up <strong>of</strong><br />

very loyal people, and we are no<br />

different,”said Matt Johnson. “We<br />

are extremely loyal to our customers,<br />

especially our brothers and sisters;<br />

they may be in different trades, but<br />

they’re still our brothers and sisters.<br />

Banks fail all the time now, but we’re<br />

not going to fail. We’re backed by a<br />

labor union, we’re going to be here<br />

for the long haul.<br />

“The Bank <strong>of</strong> Labor is a wonderful<br />

idea,”he said. “Why wouldn’t labor<br />

unions want to take part in that?”<br />

David Kameras<br />

David Kameras<br />

Community banking<br />

Beyond reaching out to labor via<br />

the internet, Brotherhood Bank is a<br />

durable fixture in the region it serves<br />

through its seven locations.<br />

“You know, all banks are kind <strong>of</strong><br />

the same,” said Matt Johnson. “They<br />

pretty much do the same thing for<br />

retail customers; you can cash a<br />

check, you can make deposits. But<br />

our people here, they really go above<br />

and beyond what they really need to<br />

do. Our people make the difference.<br />

“People don’t have to worry<br />

about their money here,” Johnson<br />

said. “It’s not going to feed Wall<br />

Street greed. It’s staying in the<br />

community, where it’s safe. This is<br />

a union-owned bank, and it’s been<br />

around a long time. We support our<br />

union friends, but we also support<br />

charities and do a lot <strong>of</strong> different<br />

things in the larger community. Everyone<br />

knows Brotherhood Bank.”<br />

“We do help with a lot <strong>of</strong> community<br />

programs, a lot <strong>of</strong> Hispanic<br />

programs, and we help raise money<br />

for the Red Cross,” added Saemg<br />

Phimmachak, an operation maintenance<br />

file reviewer. “I think the bank<br />

is good for the community.”<br />

“It’s not a conglomerate; it’s a<br />

locally owned bank,” said O’Connor.<br />

“We treat customers like customers,<br />

not numbers. I would say that<br />

75 percent <strong>of</strong> the people who walk<br />

through that door, I know their <br />

Saemg Phimmachak<br />

<strong>United</strong> <strong>Mine</strong> <strong>Workers</strong> Journal • <strong>May</strong>/<strong>June</strong> 2012 11


names, and frequently their kids’<br />

names as well.”<br />

“Brotherhood Bank has long<br />

been a trusted household name in<br />

the Kansas City area,” said International<br />

District 31 Vice President<br />

Steve Earle. “Now its customers can<br />

see first-hand that working union<br />

and banking union are a perfect fit.”<br />

Work union, bank union<br />

Although it employs close to<br />

6 million people, the U.S. financial<br />

services industry is overwhelmingly<br />

nonunion, and most <strong>of</strong> its workers<br />

have little or no familiarity with<br />

labor unions. But at Brotherhood<br />

Bank, that is quickly changing.<br />

“The UMWA’s into many<br />

different trades and<br />

occupations.”<br />

“I had no idea what a union<br />

stood for,” said Jane Anderson, a client<br />

support specialist in the Shawnee<br />

Branch. “I didn’t even realize there<br />

was a union for coal miners; that’s<br />

how unfamiliar I am with unions.<br />

Now I appreciate what coal miners<br />

do. It’s a hard job and it’s a dangerous<br />

job. There’s a lot to learn about<br />

it, but I’m enjoying it.” A member <strong>of</strong><br />

the Safety Committee, Anderson’s<br />

not aware <strong>of</strong> any safety issues since<br />

the UMWA’s arrival.<br />

“My grandfather was in a union,<br />

so I knew a little about unions,” said<br />

Jan Johnson, a trade settlement coordinator<br />

and member <strong>of</strong> the Grievance<br />

Committee. “So I said, ‘I’m in,’<br />

because I knew that unions are for<br />

the working people. It makes me<br />

want to take a more active interest in<br />

what’s going on, and helping other<br />

people who have issues. It makes me<br />

feel I’m part <strong>of</strong> a family that cares<br />

about me and about my job.<br />

Lura Powell<br />

“The biggest change I’ve noticed<br />

is that the employees seem more together,<br />

more like a family, more open<br />

to communicate with each other,”<br />

she said. “The union has made us a<br />

lot more comfortable about talking<br />

about workplace issues.”<br />

“Both my grandparents and<br />

father were in a union. In fact,<br />

they were in the <strong>United</strong> <strong>Mine</strong><br />

<strong>Workers</strong>,” said Lura Powell, a<br />

bookkeeping and accounting clerk.<br />

“The union was wonderful to my<br />

father, who retired after 44 years.<br />

I lost my father a month ago, and<br />

my mother <strong>of</strong> course still has her<br />

UMWA health insurance.”<br />

Although all bargaining unit<br />

workers saw wage and benefit improvements<br />

under their first collective<br />

bargaining agreement, part-time<br />

workers got a unique benefit. “As a<br />

part-timer, I get paid holidays under<br />

the contract, more paid vacation;<br />

there’s benefits all the way around,”<br />

said Sue Lehn, Trust Department<br />

image scanner, who did two previous<br />

full-time stints with the bank. “My<br />

dad worked for Missouri Pacific as<br />

an electrician, my brother belongs<br />

to the IBEW and my husband is an<br />

AT&T retiree. The bank opened a<br />

door with the UMWA, and maybe<br />

other places will see that and more<br />

facilities will be organized.”<br />

David Kameras<br />

David Kameras<br />

David Kameras<br />

“Paid holidays; I love that,” said<br />

Randy Neidig, a maintenance worker<br />

scheduled for five hours a day. “I<br />

didn’t get any in all my 32 years in<br />

construction. I like working for a<br />

union bank. I come from a union<br />

family, so I’m all for unions. I’ve never<br />

crossed a picket line and never will.”<br />

Last January, Matt Johnson<br />

participated as part <strong>of</strong> the UMWA’s<br />

Randy Neidig<br />

delegation to the AFL–CIO’s annual<br />

Dr. Martin Luther King, Jr., birthday<br />

observance, where he had the<br />

opportunity to see first-hand the occupational<br />

diversity <strong>of</strong> the UMWA’s<br />

membership. “The UMWA’s into<br />

many different trades and occupations.<br />

There were court reporters and<br />

nursing home workers and plenty <strong>of</strong><br />

coal miners. I said to myself, ‘We fit<br />

right in here.’ I don’t think anything’s<br />

different, except we don’t wear a<br />

hardhat with a light on top at work.”<br />

Jan Johnson also participated in<br />

the Detroit event. “After I met some<br />

<strong>of</strong> the <strong>Mine</strong> <strong>Workers</strong> and read up on<br />

the union’s history, I think it’s really<br />

cool. I feel like I’m at home now.” <br />

12 <strong>May</strong>/<strong>June</strong> 2012 • <strong>United</strong> <strong>Mine</strong> <strong>Workers</strong> Journal<br />

Jan Johnson


Freddie Wallace<br />

Freddie Wallace likes to travel.<br />

And many delegates to the last<br />

few UMWA constitutional conventions<br />

saw that personally when they<br />

arrived in Las Vegas. “I go out one or<br />

two weeks ahead and help set things<br />

up,” said the L.U. 1259 member, who<br />

is proud <strong>of</strong> his 41 years as a UMWA<br />

member. “I’m usually doing whatever<br />

jobs they hand me to do. That<br />

includes transportation to and from<br />

the airport and getting baggage. It is<br />

very important to see a friendly face<br />

when you get <strong>of</strong>f an airplane.”<br />

International District 17 Vice<br />

President Joe Carter agrees. “Brother<br />

Wallace has been a good union<br />

supporter and a good friend for<br />

many years,” he said. “He helps us at<br />

conventions and just about any functions<br />

that we ask him to do.”<br />

A member <strong>of</strong> the UMWA since<br />

1970, Wallace worked in maintenance,<br />

mobile equipment, as a brakeman<br />

and utility man before retiring<br />

in 1998 from the Moss 3 Preparation<br />

Plant in Russell County, Va. During<br />

the 1989–90 Pittston strike, Moss<br />

3 was the site <strong>of</strong> a legendary sit-in,<br />

with union members occupying the<br />

facility for four days.<br />

“The Pittston strike was a lifechanging<br />

experience, and also an<br />

education on how the union could<br />

pull together,” said Wallace. “It really<br />

paid <strong>of</strong>f in the long run for the<br />

union. We either had to fight or quit,<br />

and we chose to fight. It was amazing<br />

how our leaders stood with us and<br />

we stood with our leaders. Working<br />

together allowed us to accomplish<br />

our victory, because everybody was<br />

on the same page.”<br />

“Freddie worked extremely hard<br />

during the Pittston strike,” remembered<br />

Region II Director Gary Trout.<br />

“In fact, Freddie has always been<br />

a really good guy. He works every<br />

convention hard. You never hear<br />

him complain. He’s always out front,<br />

working for the membership.”<br />

President Roberts agrees. “Freddie<br />

was a leader in the Pittston strike,<br />

one <strong>of</strong> the true warriors in that<br />

“Some young miners don’t realize what they<br />

could lose if they don’t go union.”<br />

effort. He’s been a leader ever since,<br />

working and retired, and I can’t<br />

thank him enough for his lasting<br />

contributions to our union.”<br />

As much as his brothers and<br />

sisters appreciate his service to our<br />

union, Wallace more than matches<br />

that in return. “I am so grateful to<br />

the union,” he said. “It always gave us<br />

a good wage scale. And the insurance<br />

is a blessing that is still paying my<br />

medical bills. My wife had cancer for<br />

nine years before she died. If I didn’t<br />

have UMWA insurance, I wouldn’t<br />

know what I would have done.”<br />

actively<br />

retired<br />

Like many other members,<br />

Wallace is concerned about the<br />

potential impact <strong>of</strong> federal environmental<br />

regulations on coal, while<br />

trying to balance that concern with<br />

the need for clean air and water. “The<br />

government’s trying to do something<br />

about pollution,” he said. “I’m not<br />

against it; we should deal with climate<br />

change. But they should be doing it<br />

more gradually. Otherwise, it may<br />

take a lot <strong>of</strong> people’s jobs. You know,<br />

when you lose one job in coal, you<br />

lose jobs in other industries as well.”<br />

Today, as the 69-year-old<br />

Wallace looks forward to spending<br />

time at a place he just bought<br />

in Gatlinburg, Tenn., he reflects on<br />

the need to motivate new members<br />

just starting out. “Our fathers and<br />

forefathers accomplished so much,”<br />

he said. “Some young miners don’t<br />

realize what they could lose if they<br />

don’t go union. Life is a cycle; and if<br />

we lose our gains, we might have to<br />

fight for them all over again.” <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 Retired,<br />

write to the UMW Journal, UMWA, 18354 Quantico Gateway Drive, Suite 200,<br />

Triangle, VA 22172, Attn: Actively Retired. Please include your name, local union, a<br />

telephone number and a brief explanation <strong>of</strong> why you’re nominating the individual.<br />

<strong>United</strong> <strong>Mine</strong> <strong>Workers</strong> Journal • <strong>May</strong>/<strong>June</strong> 2012 13


Government<br />

in action<br />

Colombia<br />

free trade<br />

agreement<br />

bad for workers, miners<br />

in both countries<br />

The Apr. 15 announcement<br />

by the Obama administration<br />

that it was implementing a<br />

free trade agreement with<br />

Colombia, based on the Colombian government meeting minimal<br />

labor standards, will not reduce the daily violence union leaders<br />

and members face simply for standing up for their rights.<br />

Colombian miners work<br />

long hours without basic<br />

protective and survival gear.<br />

UMWA delegation finds dangerous<br />

working conditions in Colombian mines<br />

“This trade deal won’t improve<br />

safety conditions for miners in<br />

Colombia,” President Roberts said.<br />

“It’s not going to improve the lives<br />

<strong>of</strong> ordinary working Colombians or<br />

<strong>America</strong>ns. It won’t stop the killing<br />

<strong>of</strong> labor leaders there. Indeed, it<br />

sends a message that the U.S. isn’t<br />

going to stand in the way <strong>of</strong> the<br />

death squads.”<br />

The UMWA has been working<br />

with the AFL–CIO’s Solidarity<br />

Center for years to improve working<br />

and living conditions for Colombian<br />

miners and their families. As part <strong>of</strong><br />

that effort, a UMWA health and safety<br />

delegation visited the Colombian<br />

coalfields in February, touring mines<br />

and meeting with miners, union<br />

leaders and community groups.<br />

The conditions they found were<br />

appalling. “The safety standards<br />

in coal mines there are what ours<br />

would have been in the 1920s,” said<br />

Ron Airhart, Executive Assistant to<br />

Secretary-Treasurer Dan Kane. “The<br />

14 <strong>May</strong>/<strong>June</strong> 2012 • <strong>United</strong> <strong>Mine</strong> <strong>Workers</strong> Journal


Government<br />

in action<br />

truth is that there are no safety standards<br />

because there are no mining<br />

laws. <strong>Mine</strong>rs do what they can to stay<br />

safe, the union does what it can, but<br />

if there are no laws to comply with,<br />

then the company can do pretty<br />

much whatever it wants to do.”<br />

The delegation visited both<br />

underground and surface operations,<br />

noting that the most obvious health<br />

and safety risks for Colombian miners<br />

were exhaustion, spinal fatigue<br />

and lack <strong>of</strong> dust control. “We went to<br />

a surface mine where they were doing<br />

absolutely nothing to control the<br />

dust,” Airhart said. “They know what<br />

we know, that breathing in coal dust<br />

make no significant expenditures for<br />

safety and health in their mines, then<br />

they have an unfair advantage over<br />

U.S. mines,” President Roberts said.<br />

“And because <strong>of</strong> this free trade agreement,<br />

that advantage will be locked in.<br />

“This trade deal will make it<br />

even harder for <strong>America</strong>n coal to<br />

This mine’s portal is a tin-ro<strong>of</strong>ed<br />

lean-to on a steep hillside.<br />

compete with Colombian coal,”<br />

Roberts said. “That’s a direct threat<br />

to our members’ jobs, especially<br />

metallurgical mines in southern and<br />

central Appalachia.” <br />

Buckling timbers are all that holds up<br />

the ro<strong>of</strong> in many Colombian mines.<br />

causes black lung. But they don’t do<br />

anything about it.”<br />

And instead <strong>of</strong> taking steps to<br />

reduce fatigue by reducing working<br />

hours and long bus commutes to<br />

get to the remote mines, Colombian<br />

miners said their employer’s<br />

response to worker exhaustion is to<br />

install lasers that will flash light into<br />

heavy-equipment operators’ eyes<br />

when slowed blinking is detected.<br />

“When coal operators in Colombia—who<br />

compete directly with U.S.<br />

mines where our members work—<br />

can continue to pay low wages,<br />

provide their workers no benefits and<br />

“They Said It<br />

“I love that we are one <strong>of</strong> the least unionized states<br />

in the country. By Executive Order, I will make<br />

it clear that our state will not subsidize striking<br />

workers by paying them unemployment benefits.<br />

We’ll make the unions understand full well that<br />

they are not needed, not wanted and not welcome<br />

in the State <strong>of</strong> South Carolina.”<br />

Gov. Nikki Haley, (R-S.C.)<br />

State <strong>of</strong> the State speech, Jan. 18, 2012<br />

Gov. Haley is one <strong>of</strong> the new generation <strong>of</strong> viciously anti-union<br />

leaders in the Republican Party. When signing her order to keep<br />

striking workers from receiving unemployment benefits (which<br />

state law already prohibited), Gov. Haley said that workers’ going<br />

on strike was “bad behavior.”<br />

So, all the things union workers had to strike to win over the<br />

years—middle class wages, overtime pay, paid time <strong>of</strong>f, health<br />

care and retirement benefits—were the result <strong>of</strong> “bad behavior?”<br />

Guess we’ll just keeping behaving badly, Gov. Haley.<br />

<strong>United</strong> <strong>Mine</strong> <strong>Workers</strong> Journal • <strong>May</strong>/<strong>June</strong> 2012 15


Government<br />

in action<br />

Greenhouse gas proposed rule<br />

threatens future <strong>of</strong> coal industry<br />

rule proposed by the Environmental<br />

Protection Agency (EPA) A<br />

regarding new sources <strong>of</strong> greenhouse<br />

gas emissions would eliminate the construction <strong>of</strong> new<br />

advanced coal-powered generation plants if approved,<br />

President Roberts said when the proposed rule was announced<br />

in March.<br />

“Natural gas plants, which emit about one-half the<br />

carbon dioxide <strong>of</strong> coal, can meet EPA’s proposed standard<br />

with no add-on emission controls,” Roberts said. “Coal<br />

plants, however, could meet the standard only if they employ<br />

carbon capture and storage (CCS) technology.<br />

“But the EPA knows very well that CCS technology has<br />

not been commercially demonstrated,” Roberts said. “Even<br />

so, the rule it proposed would require the potential builders<br />

<strong>of</strong> new coal plants to commit to CCS at the time <strong>of</strong> their<br />

permit applications, despite the associated costs and uncertainties.<br />

In practice, it would not be possible to finance a<br />

new coal plant to meet the proposed EPA standards.<br />

“If President Obama is serious about an ‘all <strong>of</strong> the<br />

above’ approach to energy in <strong>America</strong>, then advanced coal<br />

generation with CCS must be part <strong>of</strong> that program,” Roberts<br />

said. “Now is the time to renew our nation’s commitment<br />

to energy independence, not diminish it. We intend<br />

to work with Congress and EPA to provide a workable<br />

basis for the future deployment <strong>of</strong> CCS technology that<br />

does not hinder the nation’s ability to use its most abundant<br />

fossil fuel resource—coal.” <br />

Senate races heat up<br />

With five months to go before<br />

Election Day, several key<br />

races for U.S. Senate seats in coalproducing<br />

states are heating up.<br />

The races in Pennsylvania,<br />

West Virginia and Ohio pit<br />

incumbent Democratic senators<br />

against Republican challengers.<br />

As <strong>of</strong> today, all three Democrats—<br />

Bob Casey in Pennsylvania, Joe<br />

Manchin in West Virginia and<br />

Sherrod Brown in Ohio—hold<br />

leads over their challengers<br />

in current polls, but in this<br />

volatile election season, that<br />

could change quickly. All three<br />

incumbents have been endorsed<br />

by the UMWA.<br />

In Virginia, the race for the<br />

open seat being vacated by Sen.<br />

Jim Webb (D) is between former<br />

Gov. Tim Kaine (D) and former<br />

Gov. and Sen. George Allen (R),<br />

who lost to Webb in 2006. Kaine,<br />

the UMWA’s endorsed candidate,<br />

has a strong record in support<br />

<strong>of</strong> coal and coal miners and is<br />

slightly ahead in current polls. The<br />

race is considered a toss-up by<br />

political observers and will be one<br />

<strong>of</strong> the most watched—and most<br />

expensive—races in the nation<br />

this year.<br />

Democrats currently hold a<br />

53–47 majority in the Senate.<br />

Republicans have made capturing<br />

the upper house a major priority<br />

for 2012, but their prospects <strong>of</strong><br />

doing so remain unclear.<br />

Democrats currently<br />

hold a 53–47 majority<br />

in the Senate.<br />

16 <strong>May</strong>/<strong>June</strong> 2012 • <strong>United</strong> <strong>Mine</strong> <strong>Workers</strong> Journal


Matewan remembers massacre<br />

President Roberts headlined the annual re-enactment<br />

<strong>of</strong> the 1920 Matewan Massacre on <strong>May</strong> 19, reminding<br />

the hundreds gathered in the West Virginia town that the<br />

UMWA miners and supporters who died there “gave their<br />

lives so we can have the freedoms we have today.”<br />

The original battle was between Matewan police chief<br />

Sid Hatfield, his deputies and miners on one side and hired<br />

thugs working for the Baldwin-Felts security agency, who<br />

were evicting striking miners’ families from their homes.<br />

After the Baldwin-Felts men tried to arrest Hatfield using a<br />

fake warrant, guns were drawn. After the shooting stopped,<br />

10 lay dead and four more were wounded.<br />

“If you have health care, if you have a safe workplace,<br />

if you get paid for overtime work, you need to thank those<br />

miners who died here,” Roberts told the crowd. The miners<br />

here said, ‘We want to be part <strong>of</strong> <strong>America</strong>; we want to<br />

around<br />

our Union<br />

be somebody!’ Sid Hatfield was the first political leader<br />

in the area who stood with the coal miners.” Hatfield<br />

was later murdered on the steps <strong>of</strong> the McDowell<br />

County courthouse by Baldwin-Felts thugs while his<br />

wife stood at his side.<br />

Also speaking at the event were International District<br />

17 Vice President Joe Carter, U.S. Rep. Nick Rahall<br />

(D-W.Va.) and Joanne Tomblin, wife <strong>of</strong> Gov. Earl Ray<br />

Tomblin (D). Members <strong>of</strong> L.U. 1440 provided food<br />

and cold drinks to all in attendance. <br />

President Roberts joins the Matewan Massacre<br />

re-enactment cast along with Rep. Nick Rahall.<br />

Also pictured is 100-year old Buddy Jones (in<br />

wheelchair), who is the last surviving person<br />

known to have been living in Matewan at the time<br />

the gun battle occurred.<br />

Walter Energy<br />

Walter Energy recently<br />

announced that it plans to<br />

invest $1.2 billion in the Alabama<br />

economy by developing an<br />

underground metallurgical coal mine<br />

in Tuscaloosa County, a coal terminal<br />

at the Port <strong>of</strong> Mobile, a barge loadout<br />

facility in Walker County and a rail<br />

spur in Fayette County. The company<br />

expects to create 530 jobs.<br />

International District 20 Vice<br />

President Daryl Dewberry said the<br />

resulting $45 million annual payroll<br />

will be a huge boost for miners and<br />

the state’s economy.<br />

Remington Arms<br />

In a huge boost for members <strong>of</strong> L.U. 717, Remington Arms won a<br />

contract to produce 24,000 carbines for the U.S. Army.<br />

The weapons, which had been manufactured exclusively by rival<br />

Colt Defense since 2002, will be crafted at Remington’s home plant in<br />

Ilion, N.Y. The value <strong>of</strong> the contract is more than $16 million.<br />

Several hundred new jobs have been added at Remington’s Ilion<br />

plant in recent years, expanding the L.U. 717 membership significantly.<br />

“The UMWA is proud that our brothers and sisters are working to<br />

supply our armed forces with top-quality <strong>America</strong>n-made and unionmade<br />

weapons,” President Roberts said. “It’s good<br />

to see that the Army recognizes the experience and<br />

pr<strong>of</strong>essionalism <strong>of</strong> the UMWA members at Remington.”<br />

Phil Smith<br />

<strong>United</strong> <strong>Mine</strong> <strong>Workers</strong> Journal • <strong>May</strong>/<strong>June</strong> 2012 17


around<br />

our Union<br />

Willow Lake<br />

<strong>Mine</strong>rs at the Willow Lake<br />

mine welcome Wade Waller<br />

back to work after a federal<br />

judge found he was<br />

fired illegally.<br />

U.S. district court issued a ruling Apr. 30 granting an<br />

A injunction sought by the UMWA and the National<br />

Labor Relations Board (NLRB) ordering Big Ridge Mining,<br />

a subsidiary <strong>of</strong> Peabody Energy, to cease engaging in antiunion<br />

threats and reprisals at its Willow Lake mine. Judge<br />

Patrick Murphy <strong>of</strong> the Southern District <strong>of</strong> Illinois also<br />

ordered the company to reinstate a miner the company<br />

illegally fired after the UMWA won a <strong>May</strong> 2011 organizing<br />

campaign at the southern Illinois mine.<br />

“In the court’s view, failure to issue a Section 10(j)<br />

injunction in this case will send a clear message to Willow<br />

Lake employees that Big Ridge . . . is too big for the law and<br />

not even the NLRB can do anything to help Willow Lake<br />

employees,” Murphy wrote in his decision.<br />

The company has refused to recognize the UMWA as<br />

the workers’ representative after the UMWA won an election<br />

in <strong>May</strong> 2011, even though a NLRB administrative law<br />

judge has rejected the company’s objections to the outcome<br />

<strong>of</strong> the election.<br />

“Big Ridge’s employees are currently suffering significant<br />

harm due to the employer’s refusal to bargain collectively<br />

with their chosen representative,” Murphy said.<br />

Murphy also ordered Big Ridge to <strong>of</strong>fer immediate<br />

reinstatement to the fired employee, Wade Waller, a miner<br />

with 28 years <strong>of</strong> experience, seven <strong>of</strong> them at Willow Lake.<br />

“This represents yet another decision that completely<br />

repudiates the company’s actions during and after this election,<br />

and strongly supports the workers’ decision to elect<br />

the UMWA to be their collective bargaining representative,”<br />

President Roberts said. “The UMWA has been prepared to<br />

sit down at the bargaining table with the company since the<br />

day we won the election. I once again call on the company<br />

to put aside its campaign <strong>of</strong> threats and intimidation, and<br />

sit down with us so we can negotiate a reasonable contract<br />

that is fair for everyone involved.” <br />

Butch Oldham<br />

National Labor College<br />

The AFL–CIO-affiliated National Labor College<br />

is <strong>of</strong>fering a number <strong>of</strong> online courses in the<br />

fall to members who want to complete their<br />

college degree.<br />

The course work is structured to<br />

accommodate full-time workers. You also<br />

can receive college credits for what you have<br />

learned through training and work experience.<br />

Online bachelor’s degrees and certificates<br />

are <strong>of</strong>fered in Business Administration,<br />

Construction Management, Emergency<br />

Readiness and Response Management and<br />

Labor Studies.<br />

Apply by Aug. 6 to be eligible for financial<br />

aid and scholarships. Visit NLC.edu or call<br />

888-427-8100 to get more details and apply.<br />

In Memoriam<br />

Leroy Baca<br />

U. 7949 President Leroy Baca passed away on<br />

L. Mar. 18, 2012. He was 60.<br />

Born in Raton, N.M., Brother Baca was a retired<br />

coal miner from York Canyon mine in Raton, and a 40-<br />

year member <strong>of</strong> the UMWA. President <strong>of</strong> his local since<br />

1984, he worked as an international representative<br />

for two years. At age 27, he was one <strong>of</strong> the youngest<br />

members to be elected to the International Executive<br />

Board, where he served from 1979 to 1983. He worked<br />

as the UMWA District 15 Director <strong>of</strong> Organizing for<br />

two years, served as a New Mexico AFL-CIO Vice<br />

President, was a New Mexico COMPAC representative<br />

and served 14 years as a member <strong>of</strong> the Board <strong>of</strong><br />

Trustees <strong>of</strong> <strong>Mine</strong>r’s Colfax Medical Center in Raton.<br />

Baca is survived by his wife Debbie; two daughters,<br />

Sarah Baca-Hamilton and Caroline Baca; two<br />

granddaughters, Emma and Charlotte Hamilton; his<br />

mother, Josephine Leal; his brother, Leonard Baca; four<br />

sisters, Margaret Baca, Gloria Sanchez, Eleanore Ortiz<br />

and Connie Coca; and a half-brother, Leroy Allen Baca.<br />

In his memory, donations may be made to the <strong>Mine</strong>rs<br />

Aid Fund, 18354 Quantico Gateway Dr., Suite 200,<br />

Triangle, VA 22172.<br />

18 <strong>May</strong>/<strong>June</strong> 2012 • <strong>United</strong> <strong>Mine</strong> <strong>Workers</strong> Journal


UMWA in your community<br />

Help for flood victims<br />

The West Virginia AFL–CIO gave a check<br />

for $2,000 to District 17 to assist UMWA<br />

members in Mingo County whose homes<br />

were damaged by recent flooding.<br />

West Virginia AFL–CIO President Kenny<br />

Perdue presented the check to District<br />

17 representatives William Chapman,<br />

Jerry Massie, Gary Young, International<br />

District 17 Vice President Joe Carter and<br />

Michael Sneigle, Director <strong>of</strong> the AFL–CIO<br />

Appalachian Council.<br />

Dwight Cagle<br />

Being elected an <strong>of</strong>ficial <strong>of</strong> a local<br />

union is a sign <strong>of</strong> the respect and<br />

confidence that members have for an<br />

active brother or sister. While many<br />

have had the honor to serve, and some<br />

have been reelected repeatedly over a<br />

long period <strong>of</strong> time, few have won that<br />

recognition at multiple locals.<br />

But that’s exactly what Dwight<br />

Cagle has done. He has chaired safety<br />

committees since 1979 at three different<br />

locals. Currently he’s at L.U.<br />

2397, Jim Walter Resources No. 7 in<br />

Alabama, where he also serves on the<br />

Organizing and COMPAC Committees.<br />

Before that, he was at the Bessie<br />

mines as L.U. 7918 Vice President, and<br />

again on the Organizing and COM-<br />

PAC Committees. And even earlier, at<br />

Dena Fields<br />

Flat Top Nebo, Cagle was L.U. 6255<br />

President and Vice President, and<br />

served on the <strong>Mine</strong> Committee and<br />

Organizing Committee.<br />

“I just try to do my job, especially<br />

with regard to safety, and if<br />

needed, in other fields as well,” he<br />

around<br />

our Union<br />

A Taste <strong>of</strong> Home<br />

embers <strong>of</strong> L.U. 1473, from West Virginia’s Shoemaker <strong>Mine</strong>, raised $1,050 to buy<br />

M300 boxes <strong>of</strong> Girl Scout cookies and send them to members <strong>of</strong> the U.S. military serving<br />

overseas. The cookies were ordered through L.U. 1473 member Rob Bandy’s daughter,<br />

Kailee. The local posted a sign-up sheet at the mine for a $10 check-<strong>of</strong>f and received<br />

tremendous support from the membership.<br />

The boxes were donated to Boatsie’s Boxes, a nonpr<strong>of</strong>it charitable organization that<br />

sends out large care packages to troops overseas. “For so many different reasons there are<br />

shortages <strong>of</strong> supplies,” Gail “Boatsie” Van Vranken said. “It is a wonderful thing to send a<br />

little bit <strong>of</strong> home to these men and women who are serving us. We take a lot for granted, but<br />

something from home means so much to them.”<br />

Phil Smith<br />

Gail “Boatsie” Van<br />

Vranken, Mike<br />

Whitlatch, Shan<br />

Michner, Kailee<br />

Bandy, Mike Kelly,<br />

Kathy Wallace,<br />

Rob Bandy<br />

leaders<br />

in pr<strong>of</strong>ile<br />

said. “There have been a lot <strong>of</strong> changes<br />

in the safety laws over the years,<br />

and you need to keep up with them.”<br />

A member <strong>of</strong> the UMWA since<br />

1974, Cagle attributes his desire for<br />

leadership to an early union experience.<br />

“A friend <strong>of</strong> mine many years<br />

ago was president <strong>of</strong> the local in<br />

Harlan County, Ky.,” site <strong>of</strong> a brutal<br />

strike in the 1970s during which<br />

Duke Power Co. brought in strikebreakers<br />

and armed thugs. “I was in<br />

his house. It had been all shot up. He<br />

told me I needed to get involved.<br />

“And that’s what I’ve done ever<br />

since,” he said. “You need to see what<br />

you can do to make things better.” <br />

Note: The UMW Journal is running an occasional feature showcasing local union leaders<br />

who have been in <strong>of</strong>fice for extended periods. We invite you to submit suggested names <strong>of</strong><br />

long-standing leaders who have worked to significantly improve members’ lives. Contact us<br />

at 703-291-2405 or send an e-mail to journal@umwa.org.<br />

<strong>United</strong> <strong>Mine</strong> <strong>Workers</strong> Journal • <strong>May</strong>/<strong>June</strong> 2012 19


our<br />

health&safety<br />

Upper Big Branch<br />

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

NIOSH report<br />

ing Mar. 27 before the House Committee<br />

on Education and the Workforce<br />

regarding that review, President<br />

Roberts said, “The UMWA has long<br />

held that three things are necessary<br />

for a safe and productive mine: 1) an<br />

operator who is willing to follow the<br />

law; 2) an agency which fully enforces<br />

NIOSH<br />

the law; and 3) workers who are empowered<br />

to speak out for themselves.<br />

None <strong>of</strong> these things happened at the<br />

non-union UBB mine.”<br />

On Mar. 22, an independent<br />

panel tasked by U.S. Secretary <strong>of</strong><br />

Labor Hilda Solis under the National<br />

Institute <strong>of</strong> Occupational Safety and<br />

Health (NIOSH) to assess MSHA’s<br />

Internal Review <strong>of</strong> its enforcement<br />

actions at UBB issued its report. It<br />

Apr. 5 marked the second anniversary<br />

<strong>of</strong> the explosion at West Virginia’s<br />

Upper Big Branch (UBB) mine,<br />

which claimed the lives <strong>of</strong> 29 miners.<br />

“As we remember the terrible<br />

events that took place there, we must<br />

continue to keep the families <strong>of</strong> the<br />

victims in our hearts and our prayers,”<br />

said President Roberts. “They have<br />

suffered more than most <strong>of</strong> us can<br />

imagine, and the pain <strong>of</strong> losing their<br />

loved ones is something that will be<br />

with them every single day. They have<br />

a hole in their hearts that can never be<br />

fully healed, but through continued<br />

love and prayers from all <strong>of</strong> us, we can<br />

hope that they may eventually find<br />

some measure <strong>of</strong> peace.”<br />

As noted in the Mar.–Apr. 2012<br />

issue <strong>of</strong> the UMW Journal, the <strong>Mine</strong><br />

Safety and Health Administration<br />

(MSHA) on Mar. 6 issued its Internal<br />

Review on the UBB disaster. Testifygenerally<br />

agreed with the majority<br />

<strong>of</strong> MSHA’s findings regarding lack <strong>of</strong><br />

experience within the inspectorate,<br />

confusing and conflicting program<br />

policies and procedures and the fact<br />

that the mine operator was primarily<br />

responsible for causing the explosion.<br />

However, it parted company<br />

over MSHA’s conclusion that agency<br />

action or inaction did not contribute<br />

to the explosion.<br />

Instead, the NIOSH report<br />

concluded that although MSHA<br />

enforcement personnel could<br />

not have prevented a frictional<br />

ignition from occurring during<br />

any given work shift, if MSHA<br />

enforcement personnel had<br />

completed required enforcement<br />

actions during at least one <strong>of</strong> the<br />

four UBB inspections, it is unlikely<br />

that a ro<strong>of</strong> fall would have occurred<br />

and that airflow would have been<br />

reduced as a consequence.<br />

20 <strong>May</strong>/<strong>June</strong> 2012 • <strong>United</strong> <strong>Mine</strong> <strong>Workers</strong> Journal


our<br />

health&safety<br />

With the proper quantity <strong>of</strong><br />

air, there would not have been an<br />

accumulation <strong>of</strong> methane, thereby<br />

eliminating the fuel source for the<br />

gas explosion. Further, if MSHA<br />

enforcement personnel had taken<br />

appropriate actions during the inspections<br />

in the months prior to the<br />

explosion, either dangerous accumulations<br />

<strong>of</strong> explosive coal dust would<br />

have been rendered inert or the mine<br />

would have been idled.<br />

Regrettably, the NIOSH report’s<br />

authors far exceeded their charge by<br />

making several extremely detrimental<br />

recommendations with regard to<br />

mining law, mandatory health and<br />

safety standards and mining regulations.<br />

The UMWA believes that<br />

should these unsolicited and ill-conceived<br />

recommendations be taken<br />

seriously, miners’ health and safety<br />

would be severely compromised.<br />

The recommendations included<br />

changing the enforcement<br />

process and appointing a panel to<br />

reevaluate the <strong>Mine</strong> Act; replacing<br />

technical rules with performance<br />

standards; incentivizing operators to<br />

hire in-house specialists; encouraging<br />

health and safety management<br />

systems; evaluating the requirement<br />

that MSHA inspect all underground<br />

mines on a quarterly basis; placing<br />

the responsibility for data collection<br />

on mine operators; and suggesting<br />

that additional training or revisions<br />

to manuals and handbooks would<br />

not address the problems identified<br />

in MSHA’s Internal Review.<br />

In response, President Roberts<br />

wrote to NIOSH to express the<br />

UMWA’s opposition to the recommendations.<br />

Noting that no person<br />

from labor was represented on the<br />

panel, he stated the recommendations<br />

would turn back the clock to the days<br />

when coal operators were left to their<br />

own devices. History has demonstrated<br />

over and over that mine operators<br />

are incapable <strong>of</strong> policing themselves.<br />

He urged that NIOSH not pursue or<br />

support the recommendations.<br />

Gary <strong>May</strong><br />

On Mar. 29, former <strong>Mine</strong> Superintendent<br />

Gary <strong>May</strong> plead guilty to<br />

hindering MSHA’s investigation <strong>of</strong> the<br />

mine. <strong>May</strong> is the highest-ranking UBB<br />

<strong>of</strong>ficial to be charged so far in the case.<br />

<strong>May</strong> was accused <strong>of</strong> giving<br />

advance notice <strong>of</strong> MSHA inspections<br />

to miners and supervisors<br />

working underground. According<br />

to prosecutors, if <strong>May</strong> learned that<br />

an inspector was entering an area <strong>of</strong><br />

the mine to check on air quantity,<br />

he would order ventilation changes<br />

to artificially enhance the air flow in<br />

that area <strong>of</strong> the mine. In addition,<br />

they said that <strong>May</strong> concealed the<br />

existence <strong>of</strong> excessive coal dust and<br />

inadequate rock-dusting at the mine,<br />

and ordered falsification <strong>of</strong> the <strong>of</strong>ficial<br />

mine examination books. He was<br />

also accused <strong>of</strong> ordering the electrical<br />

wiring to the methane monitor<br />

located on the continuous miner be<br />

altered to prevent the machine from<br />

shutting down automatically when<br />

it encountered excessive methane.<br />

<strong>May</strong> is cooperating with prosecutors,<br />

and is scheduled to be<br />

sentenced Aug. 9. He faces up to five<br />

years in prison and a $250,000 fine.<br />

MSHA Citation for<br />

Performance Coal<br />

On Apr. 13, MSHA District 4 issued a<br />

104(a) citation with high negligence<br />

for failure by former Massey subsidiary<br />

Performance Coal Co., operator<br />

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

to serve the UMWA, the designated<br />

miners’ representative, with a copy<br />

<strong>of</strong> the latest proposed revision to the<br />

mine ventilation/seal plan. This issue<br />

arose in January when the UMWA<br />

raised objections to the company’s<br />

failure to provide copies, as required<br />

by the <strong>Mine</strong> Act, and asked that<br />

MSHA cite any future violations. On<br />

Apr. 9, the company once again submitted<br />

a proposed plan revision without<br />

serving a copy to the UMWA. <br />

Health and safety violation rule<br />

On Apr. 6, the <strong>Mine</strong> Safety and Health<br />

Administration (MSHA) published its Final<br />

Rule for Examinations <strong>of</strong> Work Areas in<br />

Underground Coal <strong>Mine</strong>s for Violation <strong>of</strong><br />

Mandatory Health and Safety Standards.<br />

The new rule changes the language for<br />

mine preshift, onshift, supplemental<br />

and weekly examinations by adding the<br />

requirement that the mine examiner also<br />

look for specific “violations <strong>of</strong> mandatory<br />

health and safety standards.” The new<br />

rule takes effect Aug. 6.<br />

21 January/February 2012 • <strong>United</strong> <strong>Mine</strong> <strong>Workers</strong> Journal <strong>United</strong> <strong>Mine</strong> <strong>Workers</strong> Journal • <strong>May</strong>/<strong>June</strong> 2012 21


DISTRICTS<br />

in action<br />

District 12<br />

District 12 welcomed Secretary-<br />

Treasurer Kane as he met with<br />

members and toured the Crown<br />

III mine, the Highland mine,<br />

Cook Coal Terminal and other<br />

facilities in <strong>May</strong>.<br />

District 12 held its annual<br />

John L. Lewis celebration in Oakland<br />

City, Ind., on Apr. 1, where<br />

International District 12 Vice<br />

President Steve Earle addressed<br />

the crowd.<br />

UMWA members from Illinois<br />

participated with thousands<br />

<strong>of</strong> others in a We Are One rally on<br />

Apr. 17 in Springfield, Ill., protesting<br />

Wisconsin Governor Scott<br />

Walker’s address to the Illinois<br />

Chamber <strong>of</strong> Congress.<br />

G<br />

President Roberts addressed more<br />

than 200 guests at the annual<br />

retirees dinner held at <strong>Mine</strong>rs Hall<br />

in Macon, Mo., on Apr. 14. UMWA<br />

member Freddie Ricker, Sr., his<br />

son, Freddie Ricker, Jr., also a<br />

UMWA member, and wife Cathy are<br />

pictured with President Roberts.<br />

UMWA members from<br />

District 12 joined<br />

National Nurses<br />

<strong>United</strong> on <strong>May</strong> 18 in<br />

Chicago to rally for<br />

fair taxes and better<br />

health care for seniors<br />

and working families.<br />

H<br />

District 17<br />

District 17 is still accepting applications<br />

for their annual scholarship<br />

program. Two scholarships in the<br />

amount <strong>of</strong> $750 each will be given<br />

out. Applications and guidelines for<br />

eligible dependents <strong>of</strong> members <strong>of</strong><br />

District 17 may be obtained by<br />

calling the District 17 <strong>of</strong>fice at<br />

(304) 346-0341. The deadline for<br />

applying is Aug. 1.<br />

The 19th annual West Virginia<br />

Coal Festival located in Madison,<br />

W.Va., will be <strong>June</strong> 19–23. District<br />

17 would like to invite members<br />

and their families to attend “UMWA<br />

Night” on Thursday, <strong>June</strong> 21, to see<br />

John Anderson perform live.<br />

On Apr. 15, L.U. 6196 honored its president, Michael Pauley. Mike recently<br />

retired from Bluestone Coal Corp., with 39 years <strong>of</strong> service. From left to right:<br />

Buck Wade, Robert Boyd, Gary Young II, Steven New, Jerry Massie, Mike<br />

Pauley, International District 17 Vice President Joe Carter and Brenen McGraw.<br />

District 22<br />

Members <strong>of</strong> L.U. 1307 approved a<br />

new six-year agreement at Westmoreland<br />

Coal Co.’s Kemmerer<br />

mine in Lincoln County, Wyo.<br />

“I am pleased that we could<br />

sit down with Westmoreland and<br />

work out an agreement for our<br />

members at the Kemmerer mine<br />

three months early,” said International<br />

District 22 Vice President<br />

Mike Dalpiaz. “Westmoreland has<br />

just acquired the mine, and I commend<br />

the company’s willingness to<br />

set a new and refreshing tone for<br />

a lasting relationship at that mine.<br />

The membership clearly does too,<br />

as they have overwhelmingly ratified<br />

the agreement.”<br />

The agreement runs from<br />

<strong>May</strong> 1, 2012, to Apr. 30, 2018.<br />

22 <strong>May</strong>/<strong>June</strong> 2012 • <strong>United</strong> <strong>Mine</strong> <strong>Workers</strong> Journal


DISTRICTS<br />

in action<br />

District 31<br />

District 31 held its<br />

annual Mike Ayers<br />

Memorial Golf<br />

Tournament on<br />

<strong>May</strong> 6. There were<br />

120 participants at<br />

the event. Doug<br />

Ice (pictured here),<br />

retired member <strong>of</strong><br />

L.U. 1702, got a<br />

hole in one.<br />

Marina Fleece is the 2012 recipient<br />

<strong>of</strong> the $500 Mike Ayers Memorial<br />

Scholarship. Marina graduated from<br />

Lincoln High School in Shinnston,<br />

W.Va. She will be attending West<br />

Virginia University in the fall.<br />

Honoring Our Pensioners<br />

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

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

40 Year Pins DISTRICT 2 L.U. 1257 Ronald E. Rodkey L.U. 1269 William Pancznak,<br />

Robert Scaramozzino L.U. 1412 Harry Brown, Gerald Harbison, Ralph Lamar, John Magyor<br />

L.U. 1980 Richard J. Yakubic L.U. 2494 James Blake, Donald R. Conner, Donald V. Farrell, Thomas<br />

Gregory, Robert A. Kuzminsky, Francis Lutch DISTRICT 12 L.U. 1423 Larry Pinkston L.U. 1545 Robert<br />

Brooks, Leroy Dees, Ronald Jones, Gary Miller, Richard Tomazzoli, Thurman Wood, James Wright<br />

L.U. 1605 Donny McDonald L.U. 1613 Wilfred Bilbruck, John Davis, Ricky Mohr, James Neunaber,<br />

David Reid, Ronald Seamon, Aaron Vaughn L.U. 1791 Robert Grant, Mike Huff, Richard Jones<br />

L.U. 1793 Edgie Burks L.U. 1802 Richard Litchfield L.U. 1907 Billy Claridge, Richard Miley L.U. 1969<br />

John Steele L.U. 9653 Frank Stafford L.U. 9800 Bill Alvey, Virgil Boling, Nobel Chinn, Bill Flener,<br />

Charles Foster, Rick Maddox DISTRICT 17 L.U. 0340 Roy Adkins L.U. 1335 Orvil Spencer L.U. 1440<br />

Curtis Layne L.U. 1569 Edward Fair, Ralph Wolfenbarger, Freddie Wright L.U. 1640 Garland Owens<br />

L.U. 1760 Tivis Brown, Harry Claypool, Jr., Clarence McClothlin, Larry Whited L.U. 1971 Emil Canterbury,<br />

Willard Kelly L.U. 2286 Robert Schultz L.U. 6869 Carl Underwood L.U. 7086 Merlin Lilly<br />

L.U. 9177 Robert Pauley DISTRICT 20 L.U. 1288 John S. Kirkpatrick L.U. 1928 James E. Hicks<br />

DISTRICT 22 L.U. 6417 Salomon Montoya, Harold Townsend L.U. 7949 Nickie D. Ortega DISTRICT 31<br />

L.U. 1473 Donald Nolte L.U. 1501 Wilbur Horner L.U. 1638 Michael Barnhart L.U. 1702 William F.<br />

Iddings L.U. 1785 Edward Day, Wayne Weber, Donald Wise L.U. 1810 Ronald Bobek, Rodney<br />

Kovacs, Thomas J. Myers, Jeff Tiger L.U. 1949 Larry Shamblen<br />

50 Year Pins DISTRICT 12 L.U. 1545 Robert Vancil L.U. 9653 Robert Mooney, Frank<br />

Stafford L.U. 9800 Bobby Broyles, Charles Foster, Ronnie Hurst DISTRICT 17 L.U. 1259 Joe Matda<br />

L.U. 1503 Fred Hart L.U. 1569 Mason Caudill L.U. 5741 Leonard Fleming L.U. 7635 Melvin Swartz<br />

L.U. 8843 Jim Wills DISTRICT 31 L.U. 1304 John Utter<br />

60 Year Pins DISTRICT 2<br />

L.U. 2494 John J. Wojno L.U. 6159 James<br />

E. Franks, Richard Zelina DISTRICT 12<br />

L.U. 1178 James Miller DISTRICT 17 L.U.<br />

1760 Charles Hill L.U. 5741 Robert Tolliver<br />

L.U. 5770 Thomas Simpkins DISTRICT 22<br />

L.U. 6417 Donald Morrow, Donald Palmer,<br />

Edward Smith L.U. 9958 James Eaquinto,<br />

Garren Whitlock DISTRICT 31 L.U. 1304 Dean<br />

Brick, William Byers, Clarence Morgan<br />

70 Year Pins DISTRICT 2<br />

L.U. 3548 Bruno Lorenzi L.U. 6159 John<br />

Adams DISTRICT 12 L.U. 7110 James Theyse<br />

DISTRICT 17 L.U. 1760 Boyd Sparks<br />

L.U. 1976 Alford Martin L.U. 7950 Millard Lee<br />

DISTRICT 31 L.U. 1360 Fred Melnick<br />

Unfortunately, due to the number <strong>of</strong> members<br />

receiving pins, the UMW Journal cannot run<br />

photos <strong>of</strong> pin recipients. In order to receive a<br />

membership pin, you must submit an application<br />

to your District <strong>of</strong>fice. Pins are not automatically<br />

issued. Your district representative will send the<br />

names to the UMW Journal.<br />

<strong>United</strong> <strong>Mine</strong> <strong>Workers</strong> Journal • <strong>May</strong>/<strong>June</strong> 2012 23


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