May - June - United Mine Workers of America
May - June - United Mine Workers of America
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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