March - April - United Mine Workers of America

March–April 2009 120th Year, No. 2Pittston20years laterSpecial Commemorative Issue

United Mine WorkersjournalPittston strike revisited.......................4A special look back at the strike thatdefined this generation of the UMWAand reshaped the history of the labormovement from the 1990s throughtoday. Twenty years later, the incrediblestories of solidarity and courage remainan inspiration for working peoplethroughout the world.FutureGen back on track..................13After being left for dead by the Bushadministration, the FutureGen clean coalproject in Illinois has received new lifefrom President Obama and coal alliesin Congress.Government in Action.......................14An update on what the politicans inWashington have been doing to addressthe serious challenges facing workingfamilies and UMWA members.UMWA archivesLudlow landmark dedication setThe Ludlow tent colony just days before it was attacked by armedcompany thugs and the Colorado National Guard in 1914.The National Park Service has announced that the dedication ceremonyto make the site of the Ludlow Massacre in Colorado a NationalHistoric Landmark will be on Sunday, June 28, 2009. The UMWA willhold its annual Ludlow Memorial service in conjunction with the dedicationceremony.“The tragic lessons from Ludlow still echo through our nation, andthey must never be forgotten by Americans who truly care about workplacefairness and equality,” President Roberts said. “The Ludlow site ishallowed ground, not just for the UMWA, but for union members andworking people worldwide.“We have preserved the site from that terrible day to this, and weare extremely gratified that the U.S. National Park Service has agreed topreserve it from now on, so that future generations can learn the lessonsof this dark chapter in our nation’s history,” Robert said.DepartmentsActively Retired...............................17Around Our Union.........................18Our Health and Safety................... 21Districts in Action.......................... 22Cover Photo: Then-Vice PresidentRoberts on the picket line at the Moss 3preparation plant. Photo by Ilana Storace.Federal stimulus bill includes helpfor laid-off workers to maintain health careThe recently-enacted federal stimulus bill includes a temporary reduction torates for continuation of health care coverage for people who lost their jobbetween Sept. 1, 2008 and Dec. 31, 2009. You may also be eligible if youwere offered but declined COBRA coverage or ended your COBRA coverage.If you are eligible for this benefit, you would be obligated to pay only35 percent of the cost for the group health insurance (instead of the full cost)for up to nine months. If you are eligible, the health plan that covered youshould provide you with notice about this program. For questions, call theU.S. Dept. of Labor at 1-866-444-3272.Produced by the UMWA Communications Department: Phil Smith, Department Director, Editor; David Kameras, Communications Coordinator;Matt Alley, Communications Specialist; Thelma Blount, Department Secretary;GO! Creative, l lc, DesignOfficial Publication of the United Mine Workers of America, 8315 Lee Hwy., Fairfax, VA 22031-2215, www.umwa.org© by the United Mine Workers of America. All rights reserved. Reproduction in whole or part without written permission is prohibited. The United Mine Workers Journal (ISSN0041-7327, USPS 649-780) is published bimonthly by the United Mine Workers of America, 8315 Lee Hwy., Fairfax, VA 22031-2215. Periodicals postage paid at Fairfax, VA and atadditional mailing offices. POSTMASTER: Send address changes to UNITED MINE WORKERS JOURNAL, Data Edit Department, 8315 Lee Hwy., Fairfax, VA 22031-2215. Telephone:703-208-7240. Subscription price: $10 per year to non-UMWA individuals, $25 per year to institutions, $100 per year to corporations. Dues-paying members and associatemembers receive the Journal free of charge. If this is a change of address, include the address label from the back cover of your Journal or your old address.Publications Mail Agreement No. 40624074. Return undeliverable Canadian addresses to: PO Box 503, Rpo west beaver creek, Richmond hill, on l4b 4r6.Pursuant to Section 6113 of the Internal Revenue Code, we are required to notify you that membership dues paid to the UMWA are not deductible as charitable contributions forfederal income tax purposes.2 March/April 2009 • United Mine Workers Journal

lettersAppreciates ObamaThank God we have helped elect apresident that is a working man’spresident with a Democraticmajority in Congress. PresidentObama is the greatest hope we, asworking people, have had in quitea while.As I enjoy my UMWA pensionand my UMWA health insurance, Iam elated the Congress will soon bedebating the Employee Free ChoiceAct. I hope that my Republicanbrothers and sisters get a chance towatch C-SPAN during those debatesand pay close attention to who isfighting for them.Barack Obama is already oneof my favorite presidents, alongwith Roosevelt and Kennedy. I amso proud to be a member of a laborunion—the one I think is the greatestone of them all—the United MineWorkers of America. I am so gratefulfor my union benefits.Danny R. HooverL.U. 2286Racine, W.Va.Retiree and veteranI joined the UMWA in 1939 and havebeen a paying member ever since. Igo to the local union meetings everymonth that I can. I am now 93 yearsold with lung problems.I want to thank you for the hatyou sent me as a UMWA memberand a veteran. I served three years inWorld War II as an Army medic. Iserved in a hospital in Virginia, thenHawaii and on to Saipan.I am very glad to belong to theUMWA and have the health and retirementbenefits. It has been God’sblessing for me and my family. Iwill be going to the union meetingsas long as I can navigate. Long livethe UMWA.Thomas A BuckL.U. 1269Carrolltown, Pa.Widow happy to becomeassociate memberI had asked about paying union dueswhen I applied for my benefits butwas told I didn’t need to, but I ammore than happy to do so. I toldmy husband that it was our duty tosupport our people when they wereworking on our behalf at contracttime—or anytime—because it takeseveryone doing their share.I feel very honored to be amember of the UMWA. I am sendinga check for the entire year’s duesas it will save a lot of paperwork. Inow have my car insurance, homeinsurance and union dues paid upfor the year.P.S.: I missed the UMW Journal.Betty Joe MaderHarrison, Ark.Knew Obama would bea good presidentAt the request of the UMWA, mybrother and I attended a meetingsome years ago in Carbondale, Ill.,with Barack Obama. I asked whoObama was and was told he was a politicianfrom Chicago running for theU.S. Senate. The issue of the meetingwas our health care, which was beingtaken away by a bankruptcy judge.My brother and I had workedour entire lives for Old Ben Coal Co.,which then became Zeigler Holding,then was sold to the Addingtonbrothers and Horizon Coal, whichthen declared bankruptcy.My brother and I sat in the frontrow. Mr. Obama spoke to the smallcrowd and then asked for questions.Being one to never remain silent Iheld my hand up as far as I couldand he smiled and called on me. Iexplained our plight and what weneeded to ensure our health care.He was very receptive. Between mybrother and I and another UMWAbuddy, we more or less took up theentire question-and-answer session.As the conclusion of the meeting,Mr. Obama’s assistant wasurging him to leave, but he said, “Iam not going to go until I talk tothose UMWA men.” He came off thepodium, introduced himself personallyand thanked us. He said heunderstood our problem and woulddo everything he could to help us.When we left, I told my brotherthat this man will be a success someday. Obama went on to be electedto the Senate, and through a lot ofwork by the UMWA to get an act ofCongress passed, we did regain ourhealth care.My family and I will alwaysbe grateful for this legislation andthis man.Robert K. YorkL.U. 1487West Frankfort, Ill.The UMW Journal welcomes letters.Please include your name, address andlocal number and keep letters as short aspossible. Letters may be edited for lengthand clarity. Send to UMW Journal, UMWA,8315 Lee Hwy., Fairfax, VA 22301-2215 oremail to: journal@umwa.org.United Mine Workers Journal • March/April 2009 3

“A strike likeno other strike”Pittston strike holds lessons for todayAt the beginning, it looked like any other strike. Wordswere said, bluffs were called, folks said that it was allgoing to blow over pretty quickly.That was then.David KamerasJim Woody“They wanted to bust theunion,” Jim Woody, a member ofL.U. 1259 who worked at the Moss 3Prep Plant said of Pittston CoalGroup, the dominant operator insouthwest Virginia in April1989. “It was that simple.”On April 5, 1989, then-UMWA President RichardTrumka called a selectivestrike at Pittston afterUMWA members worked14 months without a contract.Some 1,700 UMWAmembers in southwest Virginia,southern West Virginia and easternKentucky were forced to strike overPittston’s desire to gut the existingcontract and especially the company’srefusal to budge from its intentto permanently eliminate health carefor retirees—a benefit promised bythe federal government in the TrumanWhite House.Pittston’s first act afterthe strike began was to cuthealth care for retirees andwidows. But if they thoughtthat would scare the strikersinto submission, theythought wrong. Instead, itdemonstrated that Pittston’sattack wasn’t just on themembers of the union—it was also onthe communities in which they lived.“When they cancelled the healthcards, that got everybody’s attention,”said James Hall, a L.U. 7950 memberwho worked in the central shop.“When we struck, and they tookaway retirees’ healthcare, the communitiessaw what Pittstonwas doing with theretirees. More thananything else, thatcaused the communitiesto come out in Willard Dingussupport of us,” addedWillard Dingus, a L.U. 1259 memberat the Moss 3 Prep Plant.Open season on workersIn some ways, the Pittston strike wasthe conclusion to a series of attackson working families that occurredDavid Kameras“They wanted to bust4 March/April 2009 • United Mine Workers Journal

“We truly believed that if welost the strike at Pittston, then everycompany would go after all of theother unions,” agreed FreedomFighter Shirley Hall.A community in perilthroughout the 1980s. Seven monthsafter President Ronald Reagan beganhis first term in 1981, members ofthe Professional Air Traffic ControllersOrganization (PATCO), complainingof staff shortages and obsoleteequipment, went out on strike.Two days later, Reagan fired all11,350 non-returning controllers andbanned them for life from employmentby the Federal Aviation Administration,the only viable employer fortheir skills—a ban only lifted 15 yearslater by President Bill Clinton.“In the 1930s, the message was:‘President Roosevelt wants you tojoin a union,’” said President Roberts.“In the 1980s, the message was:‘President Reagan wants you to busta union.’”Ilana StoraceReagan’s message to employerswas clear: They were free to cut wages,health care and pensions and not faceserious consequences. And he sent amessage to workers that exercisingtheir legal workplace rights could costthem their job. What followed was anera of widespread union-busting—from Hormel meat-packingto Eastern Airlinesto Bell Atlantic—thatruined lives and demoralizedworking familiesand their communitiesthroughout America.“The Pittstonstrike and the PATCOstrike were bookendsto a decade marked byattacks on organizedlabor across theboard,” said PresidentRoberts, who as InternationalVice President at the time was theunion’s “field general” at Pittston.“With encouragement from thehighest office in the land, CorporateAmerica was determined to bury thelabor movement once and for all.Those courageous men and womenin southwest Virginia were all thatstood in their way.”Joe CorcoranDavid KamerasThe area of Appalachia wherePittston operated is a region wherecoal mining jobs have long been thebest way to support a family. Thousandsof families depended on wagesfrom active miners or retiree benefits.So when the Pittston strike stoppedthe flow of weekly paychecks, theimpact on the broader communitywas devastating.“The strike affected all of us,”said John Sykes, the Postmasterof Clinchco, Va. “Everyone in thiscommunity was involved andagainst the state troopers becausethe troopers supported ClinchfieldCoal. People also knew the operatorswere against us.“We had a rural delivery carrierwhose work was impeded,” Sykescontinued. “Her husband was a coalminer. The state police would say‘You can’t go here’ for no reason. the union.It was that simple.”United Mine Workers Journal • March/April 2009 5

mike wright, dickenson star Bo Booker elaine osowski“I don’t think our resolve and dedicationIt was almost like Gestapo tactics.This affected everyone, and had repercussionson down the line. It waslike a pebble tossed in the stream.”Prior to the strike, managementhad UMWA members fill outa survey on strikesentiment. “Theygave everyone abook to fill out, tofind out whetherwe would strike orcross a picket line.They were making Harless Mullinsplans a year beforethe impasse,” said Harless Mullins,a L.U. 2274 member who worked atMcClure. “They had the full intentionof doing away with the union,”added Woody. “Every day during thatperiod, they got bolder and bolder.”“I think they were hoping for astrike,” said James Clay, a L.U. 1470member who worked in Pittston’scentral lab. “They thought it wasjust a couple hundred angry minersthey had to deal with. The pressreally noticed when we demonstratedoutside the home of Paul Douglas,”the absentee CEO who ran Pittstonfrom the wealthy New York suburbof Greenwich, Conn.David KamerasDavid Kameras David KamerasClearly, the company was countingon a limitless supply of scab labor.“A lot of people were out of workthen,” said David Jennings of L.U.2888. “Pittston thought they could getthem to replace us. And, in fact, theydid take some of them on, fed them,housed them, escorted them past ourlines. Then after the strike ended, ofcourse, they started laying them off.”“The scabs they brought indidn’t perform all that well,” saidKenneth Maples, a member of L.U.1948 who worked at the WestmorelandCoal Complex. “They couldn’trun the equipment.”The old unionmusical question“Which side areyou on?” didn’tjust apply to theminers themselves.“We’d go to theKenneth Maples Main Street storesand ask the ownersif they supported us,” said PeggyDutton, a Freedom Fighter. “If theydid, they’d put a sign in their window.If they didn’t, we wouldn’t tradewith them.” “In Clintwood, a lot ofservice stations wouldn’t sell gas totroopers,” added Mullins.“Overall, we had real goodcooperation with the community,”said L.U. 2274 member Roy Kennedy.“Most of the communities aroundin this area were very supportive,and most of the businesses were verygenerous and very helpful.”Building solidarity at homeand around the worldThe Pittston strike was a crash courseon what a major corporation, withthe assistance of sympathetic governmentagencies, can do to try to crushthe people who created their wealth.What they didn’t count on was thestrength and resolve of UMWAmembers to fight back.Right off the bat, the companyand state police tried to break the willof the strikers by arresting the union’son-the-ground strike leaders, MartyHudson, C.A. Phillips and JackieStump. But that strategy backfired,as then-President Trumka appointedRoberts to head up the strike.The decision to arrest Stumpbecame an even bigger headache forthe anti-UMWA forces later, whenhe easily won a write-in campaignfor the Virginia House of Delegatesin November 1989, defeating a6 March/April 2009 • United Mine Workers Journal

long-time incumbent who was notsupportive of the strikers and theircommunities. Stump served in theHouse through 2005.People all over the world wereuplifted by the strikers’ resolve. Delegationsof union members and ordinarycitizens poured into southwestVirginia by the carload and busload.Many famous leaders, like Rev. JesseJackson, Farmworkers founder CesarChavez, then-AFL-CIO PresidentLane Kirkland and others came.They picketed and prayed withthe strikers and their families, atewith them and slept in tents andbunkhouses built by communitymembers. They took the stories ofcourage and solidarity back homewith them, prompting even moredelegations to come.By the time the strike ended,more than 50,000 people had cometo southwest Virginia to support thePittston strikers and their families.Thousands upon thousands morehad sent money and messages ofsolidarity. Millions of people theworld over had seen images of thestrike in their newspapers and ontheir televisions. Anyone who paidattention to current affairs had heardabout Pittston.“I’ll never forget the feeling whenwe went to Camp Solidarity,” LarryScott, a member of the InternationalBrotherhood of Electrical WorkersL.U. 16, told the UMW Journalin 1989. “Everyone was singing andchanting together with tears in oureyes, not caring that we were standingin the rain. Some of our youngermembers got their first taste of whatreal union solidarity is all about.”“Think about this: Over 4,000people got arrested during thePittston strike for participating innonviolent civil disobedience,” PresidentRoberts said. “Four thousandpeople! And so many of them weren’t1259. “But when you go into a courtand hear troopers and district attorneystell one lie after another, andthe judge thinks you’re guilty untilyou prove yourself innocent, it’s thereverse of how it’s supposed to be.And when the company sent VanceSecurity thugs down here, becausethey thought we were just a bunchhas changed a bit in 20 years.”coal miners, weren’tfrom southwest Virginia,West Virginiaor Kentucky, didn’thave anything to dowith Pittston at all.“But they werethere, literally puttingtheir freedomon the line, becausethey understoodthat our fight wastheir fight,” Robertssaid. “They knewthat if we didn’t winin the hollows ofcentral Appalachia then it wouldn’tbe long before their employers weretaking them on where they lived. Sothey came, they sat down and theygot arrested with the rest of us.”Those arrested included Kirkland,President Trumka and 17 othertop leaders of U.S. labor unions onthe courthouse steps in Lebanon, Va.Stronger togetherFor the people of southwest Virginia,long-held attitudes were changing.“I used to have a lot of faith inlaw enforcement,” said Larry Hicks,an electrician and member of L.U.Then-Vice PresidentRoberts addressesthe crowd at CampSolidarity.of dumb hillbillies, that opened a lotof eyes.”Sister Bernadette “Bernie”Kenny, of the Medical Missionariesof Mary, a certified nurse practitionerwho drove a large mobile clinicvan to provide outreach medicalservices to remote Dickenson Countycommunities, was in the process ofdelivering supplies when she gotstuck in traffic near a mine portalwhere pickets had set up a line. Thepolice promptly arrested her as asuspected strike agitator. When Some of the union memberswho visited Camp Solidarity.United Mine Workers Journal • March/April 2009 7

she explained that wasn’t the case,things got even more interesting.“They said I was resisting arrest,which was an extra charge,” SisterBernie said. “Some FBI or ATF guyasked what brothers and sisters I had,where they went to school. It wasscary. I had to leave the bus on theside of the road.” Sister Bernie wasthen handcuffed, shackled and takento jail. Although released later thatday, she was ordered not to leave thearea or attend union meetings.High School, most of them dressed incamouflage and many of them miners’kin, discussed staging a protest.By the time they announced theywere walking out and had reachedthe door, their number had swelled to150, half the student body.Within hours, they were joinedby students from Ervinton andHaysi, Dickenson County’s otherhigh schools, to demonstrate theirsupport for the jailed and picketingminers and their families. UndauntedElaine osowskiThe Womens’ Auxiliarystands up for their families.“My family backgroundprepared me to be with thestrikers, but I wasn’t activeuntil I was arrested,” SisterBernie said. “I didn’t usedto be against the law. Thisexperience was an education.I learned a lot aboutstanding up for myself.”One day Peggy Dutton learnedfrom listening to a police scannerthat a large number of Steelworkersand Auto Workers were comingin from Ohio, Michigan and WestVirginia to support the strike. “Thetroopers were talking about gettingready for them. We knew there weregoing to be a lot of arrests.”“I was arrested in the first groupat McClure,” said Roy Kennedy.“Then I was taken from the jail toDavid KamerasPeggy Duttonthe hospital because I have a heartcondition. Then I had to go back tothe jail for my medicine.”“I had a Vance security guardcome over and tell me that hisgroup would make spike balls—jackrocks—then put them underschool buses so that the unionwould get the blame,” said Kennedy’sson, International RepresentativeMike Kennedy. “He said, ‘Wewould have meetings on how tomake your people mad. My consciencewon’t allow me todo this anymore.’”Schoolchildren figuredprominently during thestrike. “We were told not todiscuss it in the classroom,but it was their fathers andgrandfathers who were goingto jail,” said teacher GingerPatton. “The kids were often on thepicket lines, and became schooledin civil disobedience. They willinglytook their punishment, usually detention.They, like their parents, wereinvolved in the strike every day.”Some students took matters intotheir own hands. On Apr. 25, 1989,the day after hundreds of minerswere arrested for sitting down atthe entrance to the McClure mine,a group of students at Clintwoodby the threat of suspensions of up to10 days, “we stood up,” Angie Mullins,a 16-year-old from Ervinton, told theRoanoke Times and World News. “Wemade a difference in the strike, a bigdifference, I think.”A courageous turning pointIn 1989, the Moss 3 Preparation Plantwas Pittston’s largest coal-processingplant. Though not nearly as busy asit had been before the strike started,coal still continued to trickle into theplant from the production comingfrom supervisors and the few scabsworking in the mines.“It was time to make a statementthat Pittston could not ignore,” PresidentRoberts said. “It was time to takebold action that would turn the tidein the strike.”8 March/April 2009 • United Mine Workers Journal

Freedom FightersThe Freedom Fighters is a group of womenthat worked at Camp Solidarity from startto finish. We had a phone bank set up to callpeople and tell them what we needed for thenext day—cakes, a pot of beans or whatever—and we would pick it up the following morningand bring it back to the camp. We did this everyday. We fed thousands of people that came in tosupport us during the strike. No one ever left thecamp hungry.We chose the name “Freedom Fighters”because the Mine Workers union has always hadto work hard for what they got. We have stayedtogether for 20 years, and we are still active today.We are there when the union needs us to makephone calls, help with the annual Castlewood fishfry or whatever the need may be. We are what weare because of the UMWA.I want to thank Cecil Roberts for hisdetermination and the strength that he gave us toendure the daily struggles of the Pittston strike fora successful victory in the end. — Shirley HallDavid KamerasEarl dotterOn the designatedday, 99 strikers and oneminister gathered in frontof the gates at Moss 3, thenmarched in and occupiedthe plant. For four days,these courageous UMWAmembers engaged in thefirst sit-down strike in the U.S.since the 1930s. Thousands moregathered in front of the plant gatesto support those inside.“I remember the first night weoccupied Moss 3,” said James Hall. “Aschool bus went by in the morning,taking the kids to school. The kids—seven, eight, ten years old—were alllooking at us. On the way back afterschool, their windows were down,and they threw out the lunch moneythey had saved to help us. Most oftheir teachers had relatives in theMine Workers too.”David KamerasJames Hall“The Moss 3 takeoverbrought a lot of coverage,”said James Clay. “Thecompany was really gettinga black eye.”After occupying theplant for four days, thestrikers marched out peacefully.But the fight wasn’t over—notby any means.Entire union at riskAs the strike continued, the stakesfor the UMWA became enormous,not just in financial terms, but alsoin terms of future contracts coveringevery member of the union.“The union was fined over$64 million during the course ofthis strike,” President Roberts said.“President Trumka, myself and allthe other union officers knew whata heavy burden that was, and whatthe impact would be if we couldn’tget those fines dismissed. Shoot, theywere fining me personally $13,000a day for part of that strike, $50,000for each day we were inside Moss 3.”“We believed we could get allthose fines reversed and eventuallywere successful in that, even thoughwe had to go all the way to theSupreme Court,” Roberts said. “Butit was a testament to the lengths weand the membership were preparedto go to stand up to Pittston andstand up for health care for ourmembers and pensioners.“Let’s face it: If we had lost thatstrike and Pittston had been successfulin taking away their healthcare, then no miner’s health care, nopensioner’s health care, no widow’shealth care would have been safeanywhere in our union,” Robertssaid. “That was not the future any Earl dotter

Earl dottermildred deelof us wanted, and our membersunderstood that from Pennsylvaniato Illinois to Alabama to Utah. That’sone reason so many of them came tostand with the strikers at Pittston.”Creative tacticsIn Pittston, the UMWA faced aferocious adversary that forced a10‐ 1 /2 month strike and corralled theforces of state government and thecourts to try to defeat the union. TheUMWA responded by using new andinnovative tactics needed for a newand threatening world.“One of the biggest elementsthat helped us win was the SelectiveStrike Fund, which really held ourfight together. Without it, it wouldhave been really hard,” said Jennings.“The Strike Fund was a realblessing,” added Shirley Hall. “Before,I didn’t like it coming out of thecheck every month, but boy, I appreciatedit after we went out on strike.”The Selective Strike Fund wasat the time a relatively new innovation,designed to ensure that theunion could endure strikes whiledeterring potential adversariesfrom attempting one. In additionto weekly payments to strikers, theFund also covered their health careand Pittston pensioners’ health careas well. In all, over $42 million waspaid to the strikers and to coverhealth care premiums.“There was a lot of controversyover the Selective Strike Fund,but that’s what helped us survive,”said Harless Mullins. “In addition,Justice for Pittston Miners got donationsfrom around the world. TheDaughters of Mother Jones reallygot families involved. These groupsThe legacy ofPittstonFor many years prior to the 1989 Pittston strike, coal operatorsaggressively searched for ways to walk away from theirobligation to provide retiree health care, shifting thatresponsibility to other signatory companies. But none were as large anddetermined as the Pittston Co., which wouldn’t budge from its positionat the bargaining table, ultimately forcing a strike by the UMWA.Just as the nation’s ongoing need for coal prompted the federalgovernment to intervene in the nationwide coal strike of 1946 in anaction that resulted in the creation of the UMWA Health and RetirementFunds, the issues raised by the Pittston strike demanded that thegovernment again play an important role. Secretary of Labor ElizabethDole appointed a predecessor of hers, Bill Usery, to act as a specialmediator to facilitate an agreement.As part of that agreement, Dole announced the formation ofa commission, including representatives from the UMWA, the coalindustry, the health insurance industry, the medical profession,academia and the government, which became known as the CoalCommission, to recommend to the Secretary and the Congress acomprehensive resolution to the crisis facing the UMWA Funds, retireesand their families.The commission’s key finding was that “retired miners havelegitimate expectations of health care benefits for life; that was thepromise they received during their working lives, and that is howthey planned their retirement years. That commitment should behonored.” The panel believed that every company should pay for itsown retirees.Using the commission’s findings, Sen. Jay Rockefeller (D-W.Va.)introduced legislation, later called the Coal Act, that required that allcompanies (including those that had abandoned their retirees) pay forthe cost of their retirees’ health care benefits. Sponsored in the Houseby Rep. Nick Rahall (D-W.Va.), the legislation mandated that orphanretirees, or those whose employers had gone out of business—agrowing problem—would be covered by transfers of surplus pensionassets and interest from the Abandoned Mine Lands Reclamation Fund.Following the 1992 enactment of the Coal Act, coal companiescontinued to try to ignore its intent through challenges in both the10 March/April 2009 • United Mine Workers Journal

Joe corcorandid a great job by educating peoplethat a strike was coming, that theyshouldn’t make big purchases. Wegot more from the Strike Fund thanwe ever put in.”The surrounding communitieswere also a tremendous asset. “EveryWednesday, there would be a hugesolidarity rally in St. Paul, where abig stage was set up,” said Jan Patton.“They would have music, and all ofus met over there. That kept everyonetogether.“And there in Russell County,we had Camp Solidarity,” Pattonsaid. “My husband and I had to putup $400,000 of property, but it wasworth it. I knew miners are an elitegroup, because they put their lives onthe line underground every day. Besides,we didn’t have any choice. Billhad been a miner and I was a rebel.”“Camp Solidarity stayed open24 hours a day,” said James Hall,“and people from other unions werejust amazed at the service that wasprovided by the Women’s Auxiliary.Camp Solidarity was like a headquarters,a center where we could eat,and we had visitors from all over, includingHawaii, Australia, Germany,Russia, Italy, France and Scotland.”“It was like putting together a puzzle,”added Shirley Hall. “Everybodydid their part. There was no big part orlittle part. Every part was important.And we fed over 40,000 people.”“I think our rallies helped too,”said Dutton. “They played musicand got all kinds of speakers toboost our morale.”With hundreds of supporterscoming in continually to help out, itbecame a challenge for communityactivists to find them a safe place courts and Congress. Dozens of legal challenges were filed, and twocases went all the way to the Supreme Court.Through the strong leadership of President Roberts and actions bySen. Robert C. Byrd (D-W.Va.), the Funds received almost $200 million incongressional appropriations between 1999 and 2003 to continue payingbenefits. But a more stable, permanent funding vehicle was essential.After a decade of intense lobbying by the UMWA, including theunion’s “Keep the Promise—Save the Coal Act” campaign and a hugemarch and rally in 2000 in front of the Capitol building in Washington, asolution was found.The December 2006 reauthorization of the Abandoned Mine Landsprogram fixed the funding problems for the foreseeable future and for thefirst time extended coverage to beneficiaries in the UMWA 1993 BenefitPlan. Sen. Rockefeller, Sen. Byrd, Rep. Rahall and Rep. Rick Boucher (D-Va.) were key leaders in the congressional fight.“Thanks to these friends in Congress, as well as the continuedsolidarity and militancy of the members of our union, Congress keptthe promise made to John L. Lewis by President Truman more than60 years ago,” said President Roberts. “It paved the way to achievinga strong national contract the following year, and continues to allowEarl dotterus to pursue our organizing and collectivebargaining objectives.“Most important, we have kept our own promiseto more than 100,000 retired miners, their spousesand their widows by ensuring that their health carebenefits are secure.”

to stay. “The Binns-Counts CommunityDevelopment Center gave thema place to stay and a place to eat,”said Mary White, who still managesthe nonprofit facility equipped with alarge meeting area, kitchen and dormitories.Because the agency acceptsno public money, “the state trooperscould run them off the road, but theycouldn’t run them off of here.”“Everywhere in the community,people pulled together,” said SisterBernie. “People helped one anotherin a beautiful way. The amount ofenergy that was generated was incredible.They would prepare poemsand songs that were enriching for everyone’slife. It gave us hope, becausewe were often discouraged.”Perhaps the most creative tacticof all was the use of nonviolent civildisobedience. “I think Pittston washoping for a violent strike. Whenthat didn’t happen, they didn’t knowwhat to do,” said Clay.“We believed that by adoptingthe tactics of nonviolent civildisobedience, like those taught andpracticed by Dr. Martin Luther King,Jr., we could prevail,” President Robertssaid. “And that’s what we did. Wesat in the road, we sat in front of thegates to mines and facilities, we sat infront of courthouses.“When the police came to arrestus, we didn’t resist,” Roberts said.“Many, many people were arrestedmultiple times.“AFL-cio“As long as we stuck to civildisobedience, it worked for us,” saidHarless Mullins. “I think people in thecommunity respected us for that.”But tactics alone cannot wina struggle unless it is backed up byplanning, organizing and strongleadership at the top. Strikeveterans consistently pointto the contrast in organizationbetween Pittston andthe UMWA. “The companyeven had to go to the statepolice to find out what wasDavid Kamerasgoing on,” said James Clay.“A police sergeant cameto me and said, ‘I’ve done this thingfor more than 20 years, and I’venever seen a strike this well organized,’”said Mike Kennedy.Every fight echoes PittstonThe Pittston strike was a major victoryfor the union, but also a cautionary talefor the continuing struggle to achieveworker rights and social justice.Mildred deel“With a stroke of a pen, theemployer can take everything away ifyou work nonunion,” said Mike Kennedy.“You need a contract in place.”“If I didn’t have that health card,I’d be in bad shape,” said retiree HerbSwift. “You just don’t know whenyou’ll need it. If it wasn’t for thatcard, we couldn’t have made it.”“I think that after the strike,we enjoyed some peace, but you seethe bad stuff resurface now,” saidMullins. “The companies are up toit again. They spent these 20 yearsconcentrating more on what theycan do in Congress and the NationalLabor Relations Board. We’re goingto have to get behind the EmployeeFree Choice Act and be activepolitically.”“The Employee FreeChoice Act offers workersthe opportunity to join aunion without the kind ofthreats and intimidation soHerb Swift common in organizing electionsthese days,” PresidentRoberts said. “It’s not going to doaway with the kind of rogue operatorthat Pittston was in 1989, but it willgive workers more power to stand upand fight back against the Pittstonsof the future.”“The story continues,” said SisterBernie. “Where there’s a will, there’sa way. You need to know that there’sstrength in numbers.” 12 March/April 2009 • United Mine Workers Journal

Courtesy FutureGen allianceFutureGenrevisitedObama, Congress likely to restore funds for major projectAweek before Christmas 2007—after years of planning,millions of dollars of research and buildingsupport on Capitol Hill—the U.S. Department ofEnergy finally determined which of four proposedsites was best suited to host FutureGen, a state-of-the-artcoal-fired power plant that held out the promise of nearzerocarbon emissions.The site chosen was Matoon, Ill., a town of just over17,000 residents, in a region with a long and proud coalminingtradition. FutureGen would prove to the world theviability of clean-coal technology, and create new coal jobs.But one year later, in January 2008, the Bush administrationpulled the rug out from under Illinois communitiesand those who support clean-coal technology bycanceling plans to fund this experimental power plant.Gone was the opportunity to demonstrate the commercialviability of carbon capture and storage technology.Bogus numbers, ugly politicsAt the time of its reversal, the Bush White House claimedthat the project would cost too much. Now it turns outthat the Department of Energy was using bogus numbersto grossly inflate FutureGen’s costs, from $1.3 billion to$1.8 billion.Members of Congress are hopping mad, noting thatbad politics, not bad math, caused the reversal. They notedthat the Matoon, Ill., site was chosen after two sites in Bush’shome state of Texas were rejected, suggesting that cancellationof the project may have been tied more to the desire forpolitical retribution than to saving taxpayer money.Fortunately, the Obama administration appearsready to put FutureGen back on track. But not everyoneis happy. A massively funded public relations campaign isunderway by those who are opposed to the future use ofcoal as an energy source in any manner.“Some of our adversaries in this struggle are well-intentioned,but are genuinely unaware of the huge strides we areArtist’s rendering of FutureGen plant.making in carbon capture technologies, and those are thepeople we need to educate,” said Secretary-Treasurer Kane.FutureGen for a brighter futureOn the face of it, FutureGen should be an easy sell. Theproject is designed to develop and demonstrate breakthroughtechnologies that will capture and store carbonemissions from coal-fired power plants.Although a lot of technological advancements havealready been made in such fields as coal gasification,emissions control and carbon dioxide capture and storage,FutureGen will be the first instance of bringing thesevarious advances together under one roof. This is a keystep in proving that electricity generated using clean-coaltechniques can be made available effectively and affordably.The 275 megawatts of electricity the plant wouldproduce would power some 150,000 U.S. homes.In addition to sustaining new demand for coal whileaddressing environmental concerns, FutureGen is estimatedto create up to 700 construction jobs, and sustain 100 permanentjobs during the operational phase of the project.Overall, the project could generate $1 trillion ofeconomic output, according to specialists. In addition, thetechnologies that will evolve more quickly thanks to FutureGencould be useful to upgrading America’s existingstock of power plants.The UMWA is working closely with its allies inWashington and Springfield to see that the project movesforward quickly and with adequate funding to take it offthe drawing board and into reality. “America needs thetechnology that would be developed through FutureGen,”President Roberts said. “We are the Saudi Arabia of coal,and we should be the global leaders in developing andimplementing clean-coal technology that will allow usto meet our future energy needs in an environmentallyresponsible way.” United Mine Workers Journal • March/April 2009 13

Governmentin actionTheLong Road BackWith the Obama administration working through its first 100 daysand a new, more worker-friendly Congress in Washington, actionhas been taken in several areas to confront the serious economicproblems facing working American families. Consideration of severalother critical issues has begun, with action expected later this year.“With $3.4 billion includedin the recovery bill forcarbon capture andsequestration (CCS),we are making a boldinvestment in a moresecure energy future andgreater job security forAmerica’s hard-workingcoal miners.”Economic stimulusIn February, Congress passed andPresident Obama signed a $787billion emergency economic stimulusbill designed to jump-start theAmerican economy in several areas.Key parts of the legislation include:• Middle class tax cuts of $287 billion.During the 2008 campaign,then-candidate Obama promisedtax cuts for 95 percent of Americantaxpayers—those making under$250,000 per year. The tax cutsincluded in the stimulus packagedeliver on that promise.• $3.4 billion for research and developmentof carbon capture andstorage technology for coal-firedpower plants, the first down paymenton fulfilling another promiseObama made during the campaign.• $150 billion for infrastructure improvementslike roads and bridges.Coupled with the “Buy American”provisions in the stimulus bill, thiscould have a direct effect on coalminers’ jobs by increasing demandfor steel and the metallurgical coalneeded to make steel.• $90 billion in added funds to helpstates pay for Medicaid benefitsfor the elderly poor.• Increases in unemploymentbenefits and assistance for laid-offworkers to get health care coverage.“With this stimulus bill, PresidentObama and the Congress tookthe first step toward fixing the economicdisaster left by the previousadministration,” President Robertssaid. “In addition to helping workingfamilies throughout America,there is money in the stimulus billthat will directly help UMWA membersand our families right now andinto the future.”“Research and development ofcarbon capture and sequestration(CCS) is a much-needed focus of ournational clean-coal efforts, so that theymore sufficiently address the greatestenvironmental challenge facing coaltoday—climate change,” said U.S. Rep.Nick Rahall (D-W.Va.). “With $3.4billion included in the recovery bill for14 March/April 2009 • United Mine Workers Journal

Governmentin action“All EFCA does is level the playing field forworkers when it comes to joining a union.But you’ve got corporate executives, like theCEO of Home Depot, saying it’s the end ofcivilization as we know it. My message tohim is, get a grip.”David KamerasCCS, we are making a bold investmentin a more secure energy futureand greater job security for America’shard-working coal miners.”Employee Free Choice ActThe Employee Free Choice Act wasintroduced in Congress on March10 by Sen. Ted Kennedy (D-Mass.)and Rep. George Miller (D-Calif.).Within minutes, anti-union interestsand their political allies put workingfamilies who are either in unions orwho want to join a union square intheir sights.“The anti-union crowd willbe spending hundreds of millionsof dollars on TV and radio adsthroughout the country to defeat theEmployee Free Choice Act,” PresidentRoberts said. “I think Americans aresoon going to be asking, ‘What theheck are they so afraid of?’“All this bill does is level the playingfield for workers when it comes tojoining a union,” Roberts said. “Butyou’ve got corporate executives, likethe CEO of Home Depot, saying it’sthe end of civilization as we know it.My message to him is, get a grip.”Initial congressional hearingson the bill have been held. The billwill be brought up in the Senate first,where Majority Leader Harry Reid(D-Nev.) expects it to come up laterin the spring or summer. There are40 cosponsors of the legislation in theSenate, well short of the 60 needed topass it under Senate rules.Some important senators whosupported the legislation in the lastCongress still have yet to say whetherthey will vote for it this time,including coalfield Senators JimWebb (D-Va.), Mark Warner (D-Va.),Evan Bayh (D-Ind.) and Mark Udall(D-Colo.).“It is critical for UMWA membersand their families to contacttheir U.S. senators and representativesabout the Employee Free ChoiceAct,” Roberts said. “They need toknow that we expect their support.”Climate and energylegislationWhile no specific legislation hasbeen introduced yet, several proposalsfor dealing with climate changeand energy have been brought upfor discussion.United Mine Workers Journal • March/April 2009 15

Governmentin action“We are heavily involved in thediscussions and negotiations aboutthis legislation,” President Robertssaid. “The outcome will have a criticalimpact on our members and retireesas we move forward. We’re doingall we can, along with our allies inCongress, to make sure that coal willcontinue to be a dominant part ofour nation’s future energy mix.”One important aspect ofdealing with carbon emissions andcoal is the development of carboncapture and storage (CCS) technology.Rep. Rick Boucher (D-Va.)reintroduced legislation he sponsoredlast year that would establish“CCS is the best hope forthe future of coal forelectricity generation, notjust in the United Statesbut in the world.”long-term, reliable funding fordeveloping CCS technology.“CCS is the best hope for thefuture of coal for electricity generation,not just in the United States butin the world,” Roberts said. “Countrieslike Australia and others arealready ahead of us in funding anddeveloping this technology. Americahas the largest coal reserves in theworld, and it only makes sense for usto be the leaders in bringing thistechnology online.”“We have a different WhiteHouse now, which will be goodnews for the coal industry and coalminers,” said Sen. Jay Rockefeller(D-W.Va.). “I can tell you thatPresident Obama wants our countryand our economy to tackle therealities of climate change, but hehas no intention of cutting out coalbecause we would grind to a halt.The coal industry and mine workersare vital to our economy, and willhave a seat at the table as climatechange talks continue.” 16 March/April 2009 • United Mine Workers Journal

Bennett WilliamsBennett “Ben” Williams, a 66-yearmember of the UMWA, got anearly lesson in the importance ofleadership when, shortly after hejoined L.U. 35 in 1943, he was sentas a U.S. Marine to the South Pacificand participated in the liberation ofthe Philippines.“Leadership is so important,” hesaid. “That’s why we need to changethe laws so that they help workers,protect their health and safety andhelp them organize.“We’ve had some great leadersin our union, such as John L. Lewisand Cecil Roberts, both of whomI’ve seen at our conventions,” he said.“We have a great union, good leadersand good local officers, but the lawsare against us. Big Business has gota hold of everything, and they don’twant to turn it loose.”That sentiment continues tofuel the priorities of the currentPresident of LU 1393. Williams isvery active in political affairs,serving as Co-Chair of the IllinoisCOMPAC Council and Vice Presidentof District 12 COMPAC. “Alot of the politicians are againstthe laboring man,” he said. “I liketo get our friends elected.” Healso spent 16 years as a LitchfieldCity Alderman, and served asMayor Pro-Tem.“Ben has been a part of thefoundation that makes this unionstrong,” said International District 12Vice President and Region 3 DirectorSteve Earle. “He has devoted hisentire life to making things better forour members and his community.And, he’s very active in federal andlocal government issues.”For Williams, organizing, andenacting laws that will make organizingeasier, are key to the future of theunion. “There’s no question that organizingis number one,” he said. “Alot has to do with how you approachnew miners. You’ve got to tell themwhat they get when they sign a card.The union gives you job security, andyou’re a lot safer in a union mine.“My father was a big union man,and my grandfather was in the union,”he said. “We stayed strong with theunion because it took care of us.”Williams sees brighter daysahead if Congress passes the EmployeeFree Choice Act, a bill stronglysupported by the UMWA that wouldActively Retired is a regular feature highlighting UMWA retirees still workingon behalf of the union. If you’d like to recommend a retiree to appear in ActivelyRetired, write to the UMW Journal, UMWA, 8315 Lee Highway, Fairfax, VA22031, Attn: Actively Retired. Please include your name, local union, a telephonenumber and a brief explanation of why you’re nominating the individual.activelyretiredallow workers to form a union freefrom fear of employer intimidation.“I think the union is moving in theright direction,” he said.“A lot has to do with how you approach new miners.You’ve got to tell them what they get when they signa card. The union gives you job security, andyou’re a lot safer in a union mine.”Over his long career, Williamsworked at the Peabody 47 Harcomine near Harrisburg, Ill., Freeman’sFarmersville mine and Consol’sCoffeen mine near Hillsboro, Ill.He was a shovel operator, but hasdone “a little bit of everything.” Heretired in 1983. Married in 1946, hehas a daughter and son, with whomhe sometimes fishes and hunts wildturkey and deer.“Ben is someone who helpeddefend our nation in World War II,”said Earle. “He traveled to Pittstonin the fall of 1989 to help PresidentRoberts fight for justice. He’s a patriotand a union man. He is as solidas a rock.” United Mine Workers Journal • March/April 2009 17

aroundour UnionMatt AlleyOngoing struggle at Crown IIIIt’s been a tough road for miners atthe Crown III mine near Farmersville,Ill., over the past year.Previous owner Freeman UnitedCoal, a subsidiary of General Dynamics,closed down sister mine Crown IIand then sold Crown III to a group offormer managers calling themselvesSpringfield Coal Co. The UMWA puttogether a negotiating committee,including Secretary-Treasurer Kane,to fight for a fair bargaining agreement.But the company refused tobudge on several key issues, and lastJune it essentially imposed terms andconditions of employment.“The sad thing is, the companyis reluctant to do anything,” saidTony Liebscher, L.U. 12 President.“We’re not finished talking to them.The International is still fighting ashard as it can to bring something tothe table that we can vote on. It’s thecompany that’s balking.”What’s happened at Crown III isa lesson for all who think that havinga union at work doesn’t matter. Oneof the few mines in the Illinois basinMatt Alleyto survive the shocks and shutdownsof the 1990s, Crown III remained ahighly productive mine while dozensof others in Illinois, Indiana andwestern Kentucky closed.Today, however, new minesthroughoutthe area areopening. Butthough theyare operatingin areasand evenTony Liebscher mining coalblocks thatused to be reservesfor UMWArepresentedmines,all the new minesare opening nonunion...andfightinghard to staythat way.“Unless newand existing facilitiesare organized,the struggle forimprovements at union mines likeCrown III will continue to be difficult,”said Secretary-Treasurer Kane.“It’s yet another reason to get theMatt AlleyNALC food driveEmployee Free Choice Act passed assoon as possible. I’m confident thatwe can then organize some of themines surrounding Crown III, whichwill make it easier for everyone to getbetter contracts.“In the meantime, we willcontinue to aggressively representour membership with regard togrievances and safety,” Kane said.“In fact, we’ve been pushing that sohard that the company has taken realnotice. We will continue to vigorouslyrepresent the members andenforce the contract.” The National Association of Letter Carriers is sponsoring its 17thannual National Food Drive May 9. Food will be collected anddistributed to local community food banks, pantries and shelters. Thedrive is especially important this year to those who have lost theirjobs in the down economy and to millions more facing economicuncertainty. To participate, place a box or can of non-perishable foodnext to your mailbox before your mail is delivered that day. 18 March/April 2009 • United Mine Workers Journal

aroundour UnionFirst contractvictory atCarmueseMembers of UMWA L.U. 425,at the Carmeuse Lime Co. inMaysville, Ky., ratified a two-yearcontract at the facility and electedits first local officers in February.“It took 10 months of negotiationsto reach a fair agreement,and we feel it’s a good one”, saidFinancial Secretary Tony Elliot.Elliot said highlights of the contractinclude a unique “final say”grievance procedure process, anexcellent wage and benefits packageand, most importantly, a voiceat work.“We now finally have a sayabout what goes on at the plant,”Elliott said.In April 2008, the workersvoted for UMWA representationafter a very long struggle to gain acollective voice on the job.International District 17 VicePresident Joe Carter said he waspleased with the contract and proudof the Carmeuse local for the efforts.“We were able to negotiate agood first contract, which will bea solid basis to build future contractgains upon,” Carter said. “Itwas a long road to unionizationat Carmeuse, and I’m proud andimpressed by the workers who weredetermined to win a collective voiceunder a UMWA contract.“I’m sure L.U. 425 will representthe membership and the unionwell, and we are pleased to havethem in the United Mine Workers ofAmerica,” Carter said. Jim LamontThe larger dragline in the pit at the Jeddo anthracite mine is aMarion 8700 built in 1964. With an 85-cubic-yard bucket, it was atone time the largest in the world. L.U. 803 is taking the operator totask for subcontracting work as it negotiates a new contract there.Organizing in the AnthraciteWith an upswing in demand for hard coal, the UMWA is movingahead with an ambitious project to increase its presence in theAnthracite region of northeastern Pennsylvania.With special emphasis on operations that are contiguous with unionmines, UMWA staff have targeted 26 mines for organizing as part of theproject. If fully successful, the strategy could result in adding nearly 400miners to the union’s membership rolls.At the same time, the UMWA is addressing possibly improper use ofAbandoned Mine Lands funds to reclaim silt banks at active mine sites, aconsiderably profitable sideline for operators. WorkersMemorial DayApril 28 is WorkersMemorial Day, whentrade unionists rememberworkers who have beenkilled or injured on thejob, and renew the fightfor strong safety andhealth protections.This year’s theme is “Good Jobs.Safe Jobs. Give Workers a Voice for a Change.” Workplacesacross the country are organizing actions, activities and observances to highlight thetoll of job injuries and deaths, and to demand job safety improvements. To see what’staking place near you, contact your local union or central labor council. United Mine Workers Journal • March/April 2009 19

aroundour UnionLocal union training conferenceThe 2009 local union contracttraining conference, sponsoredby the UMWA’s InternationalContract Department, will betaught by the faculty of WestVirginia University’s Institute ofLabor Studies and Research.This year’s participants will beoffered three different agendas. Forfirst-year participants, there willbe labor law, collective bargainingand steward training. Second-yearparticipants will receive training onarbitration (including mock Step 3preparation), discharge/discipline,workplace violence and labor andpolitics. For third-year participants,there will be Family MedicalLeave Act, parliamentary procedure,social justice, how to run aneffective meeting and introductionto the AFL-CIO. Fourth-yearparticipants may attend classes oftheir choice.The program, which hosted approximately60 UMWA members in2008, is open to all local unions andagain will be held at Lakeview Resortoutside Morgantown, W.Va., Aug.23-26, 2009. Registration is $125 perperson, which covers all instructionalcosts. Individuals need to make theirown reservations with Lakeview bycalling 1-800-624-8300 and identifyingthemselves as UMWA summerschool participants to get the specialrate of $79 per night for a single ordouble room.For more information, contactRobbie Massey, former UMWAInternational Representative, at 304-255-9321 or by email to RVMassey@mail.wvu.edu. Members may alsoregister by calling Sharon Mayfieldat the Institute for Labor Studies andResearch at 304-293-3323. Class andhotel reservations must be made byJuly 10. UMWA headquarters staff joined hundreds of other trade unionists onFeb. 4 to rally on Capitol Hill to support the Employee Free Choice Act.The bill, which would mandate majority sign-up recognition of a union if theworkers so choose, was reintroduced by Sen. Edward Kennedy (D-Mass.)and Rep. George Miller (D-Calif.) on Mar. 10.David KamerasMurray + Utah =bad newsOn Feb. 26, an administrativelaw judge threw out achallenge by West RidgeResources, a subsidiary ofMurray Energy, to reverse aMSHA closure action to stopmining a longwall panel at itsmine in Carbon County, Ut., thathas been prone to bumps.UtahAmerican, the mine’soperator, had charged the agencywith abusing its authority inclosing the mine after a series ofbumps occurred in January andearly February. Even after MSHA’sinitial closure order on Jan. 31,the company convinced MSHAdistrict regulators to allow anexperimental radio remote controlprocess that in theory would keepminers out of harm’s way.The experiment endedabruptly on Feb. 13 when MSHAdetermined that continuingbumps were endangeringworkers outside of the workzone, and faulted an amendedroof control it had itself approvedonly a week before for failing tomandate adequate testing formethane at the working face.UtahAmerican and MurrayEnergy operated the CrandallCanyon mine, also in Utah,where on Aug. 6, 2007, sixminers were killed as a result ofa bump. Ten days later, threerescuers were killed in anotherbump while pursuing a rescueplan approved by both Murrayand MSHA. 20 March/April 2009 • United Mine Workers Journal

ourhealth&safetyUMWA wins on rescue team rulefederal appeals court Feb. 10A upheld UMWA challenges to afinal rule issued by MSHA regardingtraining for mine rescue teams.“MSHA attempted to water downthe requirement that mine rescueteams at smaller mines train at leasttwice a year, but the court said ‘no,’”said President Roberts. “The courtagreed with us that the training levelsin MSHA’s final rule for smaller minesdid not meet the requirements of theMINER Act as passed by Congress in2006. That’s important for miners inthose smaller mines because they havejust as much of a right to adequatelytrained mine rescue teams as do minersin larger mines.”The court also agreed with theUMWA’s position regarding trainingfor mine rescue team memberswho are also state employees,ruling that such employees cannotsubstitute their regular job experienceto satisfy 50 percent of theirrequired training, and that anywork they may perform as judgesin mine rescue contests would notcount as actually participating inthose contests.Kentucky anti-safety billsThe UMWA successfully shot down three bills in the Kentuckylegislature that would have severely jeopardized mine safety in theBluegrass State.One bill would have permitted underground mine operators to shutdown ventilation fans when their mines are idled, which could permitthe buildup of methane gas. Another would have gutted the state’srequirement of state mine inspections by allowing them to be combinedwith other activities, such as rescue training. A third would have cutfrom two to one the number of certified Mine Emergency Technicians(METs) required to be present at all times at smaller mines.Had they been enacted, the bills would have “once again put profitover safety for thousands of miners in the state,” noted PresidentRoberts. “For example, reducing the number of METs to a singleperson would put miners back to where they were before Kentuckypassed critical mine safety improvements in 2007.” That bill, whichwas passed in the wake of the 2007 Darby mine disaster in HarlanCounty, significantly strengthened the state’s mine safety regulations.UMWA International District 12 Vice President Steve Earle andUMWA staff and rank-and-file members from Kentucky led the fight todefeat these bills. “Coal miners and our familieshave learned the hard way that welltrainedmine rescue teams, respondingimmediately to incidents in themines, can save lives,” Roberts said.“Coal miners and our families have learned the hard waythat well-trained mine rescue teams, responding immediatelyto incidents in the mines, can save lives.”“We believe Congress intended tobeef up training standards in theMINER Act, but that MSHA didn’tfollow through.”“We are pleased that the D.C.Circuit Court agreed with us,” Secretary-TreasurerKane added. “Butmore importantly, we’re pleased thatthese mine rescue teams will get thetraining they need, enabling them tobe the skilled first-responders coalminers can rely on.” NIOSH workshopsThe National Institute for OccupationalSafety and Health’s Office of MineSafety and Research is sponsoringcommunications and tracking (C&T)workshops in Denver, Colo., andCharleston, W.Va. The workshops aredesigned to educate attendees aboutbasic C&T system principles andoperation, provide an overview of availabletechnologies and discuss considerationsrelative to underground coal mines. A $75registration fee covers lunches and lightrefreshments. The workshops will be heldMay 13-14 in Denver and May 18-19 inCharleston. For more information, emailDave Snyder (Dsnyder@cdc.gov) or KarenAltares (Kaltares@cdc.gov). 21 March/April 2009 • United Mine Workers Journal United Mine Workers Journal • March/April 2009 21

DISTRICTSin actionDistrict 2A 100th birthday party will be heldApr. 25 for 76-year UMWA memberMike Rogish, who belongs to L.U.1248. International District 2 VicePresident Ed Yankovich will presentRogish all of his membership pins,for which until now he had not applied.The party will be held at 4 p.m.at Dolfi’s in Masontown, Pa., andRSVPs (no gifts please) by Apr. 11can be made to John Rogish at 724-425-2535.Members, staff leaflet non-union minersabout Employee Free Choice ActDistrict 12Coal miners in southern Illinoisare planning to erect a memorial inSesser to pay tribute to those whoworked—and sometimes died—inthe region’s mines, while honoringthe UMWA’s efforts to improvemine safety.“We have a lot of coal minershere in southern Illinois,” saidL.U. 1545 member Danny Sample,a member of the committee of localminers, including International VicePresident Emeritus Jerry Jones, thatis spearheading the effort. Organizershave raised about half of theMore than 30 rank-and-file organizers from District 31 joined RegionI organizing staff to hold a mine-gate event at Consol Energy’s nonunionBailey mine in early March, informing the miners there aboutthe Employee Free Choice Act and the enhanced ability workerswill have to form unions and win first contracts under the proposedlaw’s provisions.“We gave out over 400 leaflets and got a good response,” saidRegion I Assistant Director Donnie Samms. “The Bailey mine is oneof our major targets, and miners there have been receptive to theunion and our information.”Rich Eddy$85,000 necessary, he said, and hopeto attain their goal in time for thecity’s June 20 homecoming parade, towhich President Roberts and Gov. PatQuinn (D) have been invited.The memorial will be inscribedwith the names of miners who diedon the job, as well as that of areamines, including Old Ben #10, OldBen #11, Old Ben #12, Old Ben#14, Old Ben #21, Old Ben #22, OldBen #24, Old Ben #26, Freeman #3,Freeman #6, Inland Consol, Keller,Rend City, Southern Gem andNason. Surrounding the memorialwill be bricks inscribed withthe names of UMWA miners whoworked in the mines.The bricks are available for $100,and all contributions are accepted.Checks should be made out to MinersMemorial Fund and sent to SesserMonument Co., P.O. Box 544, Sesser,IL 62884.22 March/April 2009 • United Mine Workers Journal

DISTRICTSin actionDistrict 17L.U. 1886 will have a picnic June 7starting at noon at Lake Snowden, Albany,Oh. For additional information,call David Coon at 740-797-2690 orDave Lawson at 740-698-5971.District 17 will begin acceptingapplications May 1 for its annualscholarship program. Applicationsand guidelines for eligible dependentsof District 17 members may be obtainedby calling the District 17 officeat 304-346-0341 on or after May 1.The application deadline is Aug. 1.trip to Charleston. They made stopsat the State Capitol and West VirginiaCultural Center and visited withtop elected and appointed officials,including House Majority Whip andUMWA State COMPAC DirectorMike Caputo (D). As a Partner inHonoring Our PensionersEducation, District 31 helps MylanPark in other ways as well, fromdonating a bicycle and helmet to aworthy graduating fifth-grader, tocontributing to the school’s SMART529 scholarship fund, to fundraisingto buy outerwear for needy kids.UMWA District officials recently honored the following retirees for theiryears of service as members of the UMWA.District 22A valentine banquet was held by L.U.1101 on Feb.14 at the Grandview inBeulah, N.D. The evening began witha social hour, and each lady receiveda rose upon entering the room. Theinvocation was given by Donald Ballensky.A brief history of past unionsand L.U. 1101 was given by PresidentDale Bauer, reminding the membershipthat we are now the only UMWAmine left in North Dakota. L.U. 1101has 121 working members. A letterfrom International District 22 VicePresident Mike Dalpiaz was readcongratulating those who received amembership award from the International.The awards, presentedby Bauer, included two 40-year, 1630-year and 34 20-year awards. Theevening concluded with a drawing fordoor prizes.District 31On Mar. 19, District 31 membersMark Dorsey, Jim Murray, RandyMurray and Ronnie Rhoades escorteda group of fourth-graders fromMylan Park Elementary School inMorgantown, W.Va., on its annual70 Year Pins District 12 L.U. 9926 Leo AmbroseDistrict 17 L.U. 1569 James Jones L.U. 5741 Louie MeeksDistrict 31 L.U. 4172 Kenneth F. Jarrett60 Year Pins District 12 L.U. 1178 ClydeAsbury, Jr. L.U. 1487 Ray Jones L.U. 1825 Loren Davis, Leighton E.Posey L.U. 2488 Harold Norris L.U. 9926 Henry Chapman District 17L.U. 1340 James McIntosh L.U. 1741 James Butler District 22 L.U. 6363 Dale V. PetersenDistrict 31 L.U. 1058 Milan K. Cipcic, Denver S. Wilfong50 Year Pins District 12 L.U. 1122 William B. Hull, Raymond E. RotertL.U. 2420 Billy K. Wall District 17 L.U. 1640 Jacob McGlothlin L.U. 6869 Everett W. FarmerDistrict 31 L.U. 1304 Herman Bick L.U. 1352 Lowell K. Talbert L.U. 1501 Donald Floyd40 Year Pins District 12 L.U. 1793 Perry Cavanaugh L.U. 1802 James Bealmear,George Wilson L.U. 1905 Delmer J. Vaughn L.U. 7333 Gerald Chapman L.U. 9800 FredMcQuady L.U. 9819 Robert C. Hart, David Hendricks, Don Larcher, Richard Pounds, Thomas D.Tucker L.U. 9926 Larry Feegler, Jerry Hart, Sammy Holland, Dennis Hopster, Thomas Jones,Jerome Lindsay, Douglas McBride, Michael Retter, Charles Riley, Ronnie C. Weisheit,Richard White, Gary A. Wildt District 20 L.U. 7813 Leon Uptain District 22 L.U. 9856 FrankCoAngelo District 31 L.U. 1289 Gary D. Brown, Floyd Davis L.U. 1949 Larry R. RichardsL.U. 5497 Delbert McNear L.U. 9909 Robert T. FrederickUnfortunately, due to the numbers of members receiving pins, the UMW Journal cannot run photosof pin recipients. In order to receive a membership pin, you must submit an application to theDistrict office. Pins are not automatically issued. Your district representative will send the names tothe UMW Journal.United Mine Workers Journal • March/April 2009 23

Printed in the U.S.A.Union Plus—working for you, even when you’re not working.Facing Hardship?Your UMWA Union Plus benefits provide a lifeline.When financial hardship strikes, you can count on the Union Plus benefits to stand behindyou with special help and support. Our unique UnionSAFE programs protect your financialsecurity and help see you through unexpected emergencies and hard times. We keep working foryou—even when you’re not working.When you’re on strikeor laid off…We stand ready to help:• Job Loss Grants provide assistancefor UMWA credit card holders out ofwork.• Skip payments on your Union PlusCredit Card. Call 1-800-551-2873.• Skip payments on your Union Plusinsurance. Call 1-800-393-0864.• Get discount prescriptions and visioncare. Call 1-877-570-4845.When you suffer adisaster or disability…If you have a significant loss of income,your Union Plus benefits mayoffer additional aid:•Disability Grants provide one-timepayments to UMWA credit cardholders facing long-term disabilityand illness.•Disaster Relief Grants may helpprogram participants weatherthe storms of a natural calamity.•Hospital Grants may helpprogram participants with large nonreimbursablehospital bills.Always at your side…Whatever difficulty you face, UnionPlus is here to help you. We’ll makesure you get the most from your unionbenefits, including:•Save My Home Hotline providesfree housing counseling. Call1-866-490-5361.•Free credit counseling and budgetadvice. Call 1-877-833-1745.•Free legal consultation up to 30minutes. Call 1-888-993-8886.•Education Assistance providesscholarships and college savingsgrants.www.UnionPlus.org/UnionSafeUMWA 03/09