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March - April - United Mine Workers of America

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MARCH–APRIL 2012 123nd Year, No. 2


<strong>United</strong> <strong>Mine</strong> <strong>Workers</strong>journalCommunity-minded.............................4UMWA members are usually the firstto respond to times <strong>of</strong> trouble for ourfriends and neighbors where we live.Whether it’s helping kids get a winter coator rebuilding a tornado-damaged home,UMWA members are never afraid toshow we care.An interview withSecretary-Treasurer Kane.....................8Dan Kane takes a few moments to talkabout the union’s current financialstatus, as well as his view <strong>of</strong> the issuesconfronting the union and how we mustprepare to solve them, including howto engage a new generation <strong>of</strong> UMWAmembers in the union’s activities.COMPAC primary electionendorsements....................................14Endorsements from state COMPACCouncils for primary elections inKentucky, Pennsylvania and West Virginiaare listed.DepartmentsActively Retired...............................11Government in Action....................12Around our Union...........................16Books/Music/Poems.......................19Our Health and Safety....................20Districts in Action...........................22Cover: Officers, staff and members fromDist. 31 load a UMWA trailer with suppliesprior to driving them to Dist. 20 for distributionto victims <strong>of</strong> the Apr. 27, 2011, storms.Photo by Gloria Sandy.The Mirror <strong>of</strong> History[Editor’s Note: The UMW Journal is looking backthrough pages <strong>of</strong> past issues and finding that thestruggles <strong>of</strong> those who came before us were notall that different from what we face today.]25 Years Ago: Showdown in safety: UMWA lawsuit forces W.Va.to enforce health and safety laws in small mines“Between 1970 and 1980, fatality rates in small underground mines employing 50 or fewerpeople in the <strong>United</strong> States were three times higher than fatality rates at mines employingmore than 250 workers. The West Virginia State Supreme Court voted unanimously to holdKen Faerber, head <strong>of</strong> the West Virginia Department <strong>of</strong> Energy, in contempt for not enforcingthe law [at smaller mines], and issued a strict deadline for compliance with emergencyregulations.” <strong>March</strong> 1987 UMW Journal50 Years Ago: GOP challenged on ‘right-to-work’ stand“Democratic National Committee Chairman John M. Bailey has charged the RepublicanParty with giving aid and comfort to those who advocate the compulsory open shop.Bailey noted that ‘radical right-wing groups’ are conducting drives for anti-labor laws inNew Jersey, New York, Pennsylvania, Illinois, Ohio, Connecticut, Oklahoma and otherstates. ‘The Republican Party is joining forces with these groups,’ he said. Bailey said theDemocratic platform is ‘specifically opposed’ to such laws, and challenged the RepublicanParty to make the same statement.” <strong>March</strong> 1, 1962 UMW Journal75 Years Ago: Terror reigns in Harlan County“Once again it has been demonstrated that there is not much chance for justice in HarlanCounty... [which] is so completely dominated by anti-union coal companies that a grandjury found it impossible to secure indictments for the deliberate and wanton murder <strong>of</strong>Bennett Musick, 19 year-old son <strong>of</strong> M.A. Musick, organizer <strong>of</strong> the miners’ union. It is generallyaccepted as a fact in Harlan that the killers were hired thugs.... Thus there is createdin Harlan County a reign <strong>of</strong> absolute terror by which method the anti-union coal companiesmaintain their stranglehold on the county.” <strong>March</strong> 1, 1937 UMW Journal100 Years Ago: Occupational diseases affecting workers“When we speak <strong>of</strong> the dangers <strong>of</strong> the workers, we usually think <strong>of</strong> the manifold accidentswhich threaten the workers, <strong>of</strong> the possibility <strong>of</strong> being crushed by heavy weights…. Tothose accidents in the murderous field <strong>of</strong> labor there must be added many others, whichdo not have such horrifying consequences because their effects are not so sudden, butwhich still spread fearful diseases among the workers, which eat their lives away, whichslowly undermine their health, bringing them to an early grave. These are the occupationaldiseases which gnaw upon the workers, men and women.” <strong>March</strong> 28, 1912 UMW JournalProduced by the UMWA Communications Department: Phil Smith, Department Director, Editor; David Kameras, Communications Coordinator;Emily K. Smith, Communications Specialist; Thelma Blount, Department Secretary; GO! Creative, llc, DesignOfficial 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© 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 (ISSN0041-7327, 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 postagepaid at Triangle, VA, and at additional mailing <strong>of</strong>fices. POSTMASTER: Send address changes to UNITED MINE WORKERS JOURNAL, Data Edit Department, 18354 QuanticoGateway 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 yearto 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> yourJournal or your old address.Publications Mail Agreement No. 40624074. Return undeliverable Canadian addresses to: Pitney Bowes International Services, P.O. Box 25542, London, ON N6C 6B2.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 forfederal income tax purposes.2 <strong>March</strong>/<strong>April</strong> 2012 • <strong>United</strong> <strong>Mine</strong> <strong>Workers</strong> Journal


standing upfor coal jobsEPA Rule Will Cost JobsBy Cecil E. RobertsLast December, the U.S. EnvironmentalProtection Agency issued a final ruleintended to reduce electric utilityemissions <strong>of</strong> mercury and other air toxics.The EPA projected that less than 5,000megawatts <strong>of</strong> older coal-fueled generatingplants would be retired as a result <strong>of</strong> itsMercury and Air Toxics Standards rule.The <strong>United</strong> <strong>Mine</strong> <strong>Workers</strong> <strong>of</strong> <strong>America</strong>and other unions met with EPA <strong>of</strong>ficials repeatedlyover the course <strong>of</strong> the rulemakingto share our analysis <strong>of</strong> the rule’s potentialimpacts and to recommend several improvementsto it. Our study suggested thatup to 56,000 megawatts <strong>of</strong> electric generatingcapacity at smaller and older plantscould be “at risk” <strong>of</strong> premature closure. Wetold EPA that as many as 54,000 direct jobswere at risk in the utility, mining and railtransport sectors, in addition to 200,000jobs in related industries and communitiesimpacted by plant closures.We also made it clear that we supportedthe rule’s basic objective <strong>of</strong> reducingmercury and other harmful emissions. Ourprincipal concerns were the inadequatetime provided for compliance and thefeasibility <strong>of</strong> meeting some <strong>of</strong> the proposedemission limits with different types <strong>of</strong> coal.But the EPA ignored our concerns.Instead, the agency created a rule that notonly will cause far more negative effectson the utility and coal industries than it iswilling to admit; the rule will also make itnext to impossible for new coal-fired powerplants to be built based on current technologies.This is bad policy and has the potentialfor serious repercussions for our nation’senergy security.We are now seeing the tip <strong>of</strong> the joblossiceberg that will result from this rule.FirstEnergy, <strong>America</strong>n Electric Power andother utilities have announced the closures<strong>of</strong> several plants in Ohio, Pennsylvania andWest Virginia, directly affecting hundreds<strong>of</strong> plant workers and thousands <strong>of</strong> jobsin surrounding communities. Some <strong>of</strong>these plants were scheduled to be closedanyway—though not as quickly—but manywere not.More recently, PJM Interconnectionannounced the results <strong>of</strong> its survey <strong>of</strong>planned coal plant shutdowns. PJM coordinatesutility generation in a region spanningNew Jersey and Pennsylvania, south toVirginia and West Virginia and west to portions<strong>of</strong> Kentucky, Ohio, Michigan, Indianaand Illinois.PJM reports that its member utilitiesplan to retire 14,000 megawatts <strong>of</strong> generatingcapacity by 2015 and another 4,000megawatts by 2018. That’s a total <strong>of</strong> 18,000megawatts, more than three times greaterthan the EPA’s national projection <strong>of</strong> plantclosures.PJM represents about one-fifth <strong>of</strong> coalgeneration affected by the EPA’s rules. Sothe potential magnitude <strong>of</strong> plant closures—if utilities in other regions plan to retiresimilar amounts <strong>of</strong> capacity—may makeUMWA’s 56,000-megawatt projection aconservative estimate in the end.The consequences for workers andcommunities would be devastating.Electric generating plants are <strong>of</strong>ten locatedin rural areas, near coal supplies. Theycontribute substantially to local economiesnot only through the high wages paid toskilled workers in the utility, mining andtransport sectors, but also by supportinglocal tax bases.Estimates I’ve seen <strong>of</strong> lost tax revenuesas a result <strong>of</strong> already-announced closuresare devastating for these communities, suchas more than $2 million in Oregon, Ohio,and $6.5 million in Eastlake, Ohio. That’sa lot <strong>of</strong> new police cars, fire trucks andtextbooks that won’t be available where theyare needed.The new EPA rule creates another seriousproblem for the future <strong>of</strong> coal use and thepeople whose jobs depend on coal.The Clean Air Act is intended to facilitatethe transition from older, more heavilypolluting facilities to new plants equippedwith Best Available Control Technology.The UMWA has long supported the use <strong>of</strong>available emission control technologies onEditor’s note: Thefollowing opinioneditorial fromPresident Robertswas published inthe PittsburghPost-Gazette on<strong>March</strong> 13, 2012.all coal plants, because it is a win-win forworkers and the environment.But the MATS rule contains a poisonpill for new advanced coal development: aset <strong>of</strong> new source emission limits so stringentthat equipment suppliers will not guaranteethe ability <strong>of</strong> control technologies to meetthem. These emission standards, based onlimited short-term tests at single generatingunits, are simply not achievable in practice.This is a serious flaw in the rule that weintend to address further.The UMWA has consistently agreedwith those who call for cleaner air andreduced emissions. We continue to believethese are worthy goals that need to bepursued. And we believe that even the MATSrule can be modified so that it meets the goal<strong>of</strong> reducing mercury emissions from existingplants while giving the utilities the time theyneed to retr<strong>of</strong>it their plants with scrubberscapable <strong>of</strong> meeting the requirements.That is why the UMWA supports thebipartisan Manchin-Coats bill, Senate Bill1833. This bill accepts the environmentalstringency <strong>of</strong> the EPA’s MATS rule,but provides an additional two years forcompliance in view <strong>of</strong> the large number <strong>of</strong>facilities that will be competing for pollutioncontrol retr<strong>of</strong>its. The bill also harmonizesthe compliance schedules <strong>of</strong> MATSand the EPA’s Cross-State Air Pollution Rulefor reducing emissions <strong>of</strong> sulfur dioxide andnitrogen oxides.The UMWA agrees with the “all <strong>of</strong> theabove” approach for developing <strong>America</strong>’senergy resources. For instance, there is nogood reason, with oil prices above $100 abarrel, why we are not utilizing our coalresources to produce gasoline and otherfuels at prices well below what <strong>America</strong>nsnow pay at the pump.But <strong>America</strong> cannot afford “some <strong>of</strong> theabove” policies that effectively prevent thedeployment <strong>of</strong> advanced clean-coal technologieswhile encouraging a rush to natural gas. If“all <strong>of</strong> the above” is to be more than a politicalslogan, the Obama administration needs toreconsider EPA rules that stifle rather thanencourage advanced coal technologies.<strong>United</strong> <strong>Mine</strong> <strong>Workers</strong> Journal • <strong>March</strong>/<strong>April</strong> 2012 3


Woven into theUMWA members, locals make a difference forOn Apr. 27, 2011, L.U.2245 member DannyHallman heard a tremendousroaring soundoutside <strong>of</strong> his house nearTuscaloosa, Ala. He looked out thewindow and saw several big treesnear his house “flopping around inthe wind. Then they were just gone.”Danny Hallman, L.U. 2245A huge, devastating Category5 tornado was bearing down on hisproperty. Once it had passed, twohuge trees had crashed through thero<strong>of</strong> and were in his house. His belongingswere tossed around everywhere.“We were blessed because wewere OK,” Hallman said. “But I kneweight people who were killed. Some<strong>of</strong> them were very close friends.”More than 170 tornadoes sweptthrough central Alabama that day,killing more than 300 people. Amongthem were L.U. 1926 member JeffKemp and his wife, Reba. One <strong>of</strong> thetwisters came right through the parkinglot at the Jim Walters Resources#7 mine, knocking out the power andstranding dozens <strong>of</strong> miners who werecoming up the shaft. Another pickedup a 50-foot long piece <strong>of</strong> steel beltstructure that had been broughtoutside the North River mine andslammed it down in the parking lot,destroying dozens <strong>of</strong> cars.Entire communities were devastated.Thousands were left homeless,their cars wrecked and their possessionsscattered across two counties. Itwas a dark and frightening time forcountless families, whether they wereUMWA families, our neighbors orour friends.The UMWA answered the call.The day after the storms, UMWAlocal union <strong>of</strong>ficers, District 20 andRegion II staff were assessing theMike Caputodamage, seeing who needed help andhow much they needed.“Some <strong>of</strong> these brothers andsisters lost everything they had,”International District 20 Vice PresidentDaryl Dewberry said. “Theylost their homes and everything inthem. They didn’t have a car to get towork. They didn’t have food or cleanclothes. And I will never forget themtelling me, ‘I’m alive, my family’s OK,I don’t need anything. Go find someonewho really needs help.’”There were thousands who reallydid. And if they asked the UMWAfor it, they got it. L.U. 2397 memberDale Fisher didn’t need help herself,but her mother, Dorothy Tyner, did.Her house sustained severe damageand needed a new ro<strong>of</strong>.“I had stopped by the local hallbecause I wanted to see what was goingon and how I could help,” Hunter4 <strong>March</strong>/<strong>April</strong> 2012 • <strong>United</strong> <strong>Mine</strong> <strong>Workers</strong> Journal


fabricour communities every dayButch Oldhamsaid. Upon finding out the union hadestablished an aid fund, she wrotea check. District 20 RepresentativeLarry Spencer called later to thankher for her generosity and askedif there was anything the UMWAcould do for her. “I told him aboutmy mother’s house. He said not toworry about it, they would get on it.They just couldn’t have been morewonderful,” Hunter said.A retiree helped to obtain ro<strong>of</strong>ingmaterial at a discount, and theUMWA repair crew was on the jobwithin days. “The union staff and a lot<strong>of</strong> the retirees that I had worked withfor years came to help put the ro<strong>of</strong> onmy mother’s house,” Hunter said. “Itwas a marvelous feeling <strong>of</strong> love.”Caring forour communities“It doesn’t matter where UMWAmembers are or who we work for, welook out for one another,” PresidentRoberts said. “It starts at work, becauseminers have to watch each others’back to stay safe and stay alive.But it’s deeper than that. We’re proud<strong>of</strong> who we are and where we live, andwe care about our communities. Wecare about our families, friends andneighbors who share those communitieswith us.“We are woven into the fabric <strong>of</strong>our communities,” Roberts said. “Weare the strong thread that holds thosecommunities together. That’s whyyou’ll see UMWA members leadingefforts to make our communitiesbetter, and not just in times <strong>of</strong> emergency.We also help our neighborswho may be caught in tough economicsituations, who have medicalissues or who are away from theirfamilies serving our countries.”As <strong>America</strong> emerges from years<strong>of</strong> recession and economic hardtimes, some are still struggling. Thatis especially true in many <strong>of</strong> the morerural areas <strong>of</strong> the country wheremany UMWA members live. But thatdoesn’t mean our members are goingto just stand by and watch while aneighbor needs help.Richard Dunlevy, principal<strong>of</strong> Bobtown Elementary Schoolin Greene County, Pa., found thisout first-hand. Sixty percent <strong>of</strong> thechildren at Bobtown receive free orreduced-cost lunches at the school.Many <strong>of</strong> them must go withouteven the most basic necessities. Onecold day last fall, a L.U. 2300 memberliving in the area approachedhim and said he had seen a childstanding at a bus stop without acoat. The member wanted to knowhow many kids needed coats for thecoming winter.Butch Oldham<strong>United</strong> <strong>Mine</strong> <strong>Workers</strong> Journal • <strong>March</strong>/<strong>April</strong> 2012 5


Dan Brownfor chemotherapy patients wereout <strong>of</strong> reach for St. Joseph’s, which,like all Canadian hospitals, doesnot get government funding forcapital equipment.Unfortunately, Mrs. Dukartpassed away from the cancer. But inher memory, L.U. 7606 bought anddonated three <strong>of</strong> the special chairs toA few <strong>of</strong> the members <strong>of</strong> theL.U. 9909 Ladies Auxiliary“I asked our counselors to talkwith the teachers and identify thestudents most in need. Then we gavethe kids’ sizes to the union and theysaid, ‘We’ll get back to you,’” Dunlevysaid. L.U. 2300 took up a collection,bought the coats and delivered thembefore Christmas.“It’s no surprise that UMWAmembers like these are willing to gothe extra mile to help out in theircommunities,” At-Large InternationalVice President and Region IDirector Donnie Samms said. “That’swhat we do... it’s who we are. Wheneverybody supports each other, itmakes each <strong>of</strong> us stronger.”“Christmas can be a roughtime for families in need,” PrincipalDunlevy said. “The relief on theseparents’ faces was wonderful to see.We are very grateful to the UMWAand hope to continue this partnershipin the future.”The kids from Bobtown Elementaryaren’t the only ones who getneeded help from the communityspirit <strong>of</strong> the UMWA. District 31’sPartners in Education program hasbeen a long-time supporter <strong>of</strong> MylanPark Elementary in MonongaliaCounty, W.Va., providing wintercoats, boots, hats and gloves to kidsin need for many years. The programalso pays for an annual bus trip toCharleston for the 4 thgrade classes from MylanPark and MonongahElementary to learn aboutstate government.And members <strong>of</strong>L.U. 1473, working at theShoemaker mine outside<strong>of</strong> Wheeling, W.Va., alsocontribute to an annualcoat drive for the benefit <strong>of</strong> childrenat Elm Grove Elementary.“Helping these kids isn’t hard, andit isn’t expensive,” International District31 Vice President Mike Caputosaid. “All you’ve got to do is say, ‘Yes,I’m willing to help.’ And the rewardsare overwhelming. I can’t describe thefeeling <strong>of</strong> watching a 6-year old littlegirl get her first pair <strong>of</strong> winter boots.Everyone should get that feeling.”Solving apainful problemWhen L.U. 7606 Financial SecretaryJody Dukart’s mother neededchemotherapy treatments for cancera few years back, she didn’t go to theclosest hospital in Estavan, Sask., St.Joseph’s Hospital, because the chairsthere weren’t pleasant to sit in whilereceiving the long treatments.But at $5,000 each, the style<strong>of</strong> chairs that are specially madeL.U. 9909 President Mike Paytongiving blood.St. Joseph’s. “The chairs that were donatedare made for cancer patients,not just the La-Z-Boys they hadbefore,” said Roxy Blackmore, theExecutive Director <strong>of</strong> the St. Joseph’sHospital Foundation.“The new chairs are more comfortableand they are higher, so it iseasier for the caregivers to work withthe patients,” Blackmore said. “Andthey can move, so the patient canstay in them when going to differenttreatments. They make the patientsmore comfortable and the caregivers’job easier.”Sometimes, help is needed forour brothers and sisters who areinjured on the job. That was the casefor Brother Mike Reha, who wasinjured last year at the Loveridgemine in West Virginia. To help, theL.U. 9909 Ladies Auxiliary held ablood drive to replenish the bloodDan Brown6 <strong>March</strong>/<strong>April</strong> 2012 • <strong>United</strong> <strong>Mine</strong> <strong>Workers</strong> Journal


products and supplies he neededin multiple surgeries.“We couldn’t do what we dowithout organizations like theUMWA supporting the communityblood program,” said Marcy Braunstein,manager <strong>of</strong> the Central BloodBank’s Replenish the Need Program.“That is why we were so gratefulwhen the lady from the Women’sAuxiliary contacted me.”“We were there because Mikewanted to give back to the community,”Braunstein said. “When we doblood drives in honor <strong>of</strong> a patient,they are always very appreciative <strong>of</strong>the blood they received and <strong>of</strong> all theparticipants who came out to giveblood. It’s a win-win for everybody.”After the stormLike Alabama, the midwestern statesare swept by severe weather all too<strong>of</strong>ten. On Feb. 29, several huge twisterstouched down in southern Illinoisaround the town <strong>of</strong> Harrisburg,where members <strong>of</strong> several UMWAlocal unions live and work. Withinseconds, seven people lay dead andmany parts <strong>of</strong> the community lay inruins. A few weeks after the tornadoes,L.U. 1791 member Donald<strong>United</strong><strong>Mine</strong> <strong>Workers</strong><strong>of</strong> <strong>America</strong>Working families,Just like yours.www.umwa.orgSmith died frominjuries he sufferedthat terrible night.Once again, theUMWA was leadingthe way to help.L.U. 5929 went towork immediatelyto establish a foodand supplies bankat the SouthwesternIllinois Collegecampus, which is where members<strong>of</strong> L.U. 1995 work. Within just afew days, the space was overflowingwith donated food, water, diapers,clothing and other necessities.“I couldn’t believe the destructionwhen I got to Harrisburg,” InternationalDistrict 12 Vice PresidentSteve Earle said. “Whole shoppingmalls were blown down. Homes weredestroyed, tractor-trailers had beenpicked up <strong>of</strong>f roads and depositedin fields, cars were up in trees. It wasclear that there was going to be a needfor our help in this community for along time. We’ll be there until the lastperson who needs our help gets it.”In every town, every bathhouse,every breakroom, every local unionhall, UMWA members spread themessage: We’re part <strong>of</strong> our communities.We coach thelittle league teams andlead the scout troops.We help our neighborswhen they are in need.We do our best to makesure every kid in ourcommunity has a chancefor a better future.And we do it becausewe know that when workingfamilies stick togetherand help one another, weare all stronger. “We’ve learned overmany long years <strong>of</strong> experience that ifwe don’t stand up and support eachother, no one else will,” PresidentRoberts said. “That’s true in ourworkplaces and in our communities.It’s a tradition we’re proud <strong>of</strong>, andone we’re going to continue buildinginto the future.” [Editor’s note: The UMW Journalrecognizes that local unions all overthe U.S. and Canada are involved intheir communities every day. Theexamples discussed in this story arejust that—examples. We want to knowwhat your local unions—or individualsin your locals—are doing to makeyour communities better. Contact us at703-291-2405 or e-mail your story tojournal@umwa.org.]Butch Oldham<strong>United</strong> <strong>Mine</strong> <strong>Workers</strong> Journal • <strong>March</strong>/<strong>April</strong> 2012 7


Carrythe unionforwardAn interview withSecretary-TreasurerDan KaneEmily SmithEditors’ Note: Next to President Roberts, Secretary-Treasurer Dan Kane hasthe most hectic schedule in the UMWA. He negotiates contracts all over the<strong>United</strong> States, represents the union at national and international forums,visits local unions and workplaces and participates in activities on behalf<strong>of</strong> UMWA members and our families from coast to coast. He found sometime to sit down with the UMW Journal and discuss the issues confrontingour union today.UMW Journal: First <strong>of</strong> all, what isthe state <strong>of</strong> the UMWA’s finances,and what are we doing to keep themembers’ money safe and secureand properly invested?Kane: The most important thing wedo is try to ensure that the members’money is invested properlyto avoid the wide swings in themarket. Our funds are subject tothe same kind <strong>of</strong> market conditionsthat every other organization in thecountry has, but President Robertsand I have been pretty conservativein our investments. That’s helped usescape a lot <strong>of</strong> the bad impacts thefinancial crisis <strong>of</strong> a couple <strong>of</strong> yearsago had on other organizations.We have, right now, $54 millionin the union’s General Fund and$125 million in the Selective StrikeFund. We’re working hard to keep ourfinancial footing as strong as possible,but keeping a tight rein on ourexpenditures. But we also have to keepan eye on the fact that it’s necessary tomaintain the services that our mem-bers require. Contracts need to benegotiated and enforced, workplacehealth and safety rights have to bemaintained, new members need to beorganized, and we must maintain ourfinancial strength to do that.UMW Journal: Could you comment onthe coming election year, knowingthat we’re several months out fromthe general election, and that theRepublican presidential field is stillvery much in a state <strong>of</strong> flux?Kane: I think the first thing that’s obviousto anyone who’s been watchingthe Republican presidential primariesis that the major candidates seemto be having a contest to see who canslam unions the hardest and, in theprocess, threaten the middle classthe most. Most <strong>of</strong> the proposals that“Contracts and health and safety rights have to be enforced.”8 <strong>March</strong>/<strong>April</strong> 2012 • <strong>United</strong> <strong>Mine</strong> <strong>Workers</strong> Journal


I’ve seen coming out for dealing withthe nation’s deficit have been aimedsquarely at the middle and workingclass people.The recent budget proposalsput forth by the Republican leadershipin the House will end Medicareas we know it, give the very wealthyyet another huge tax cut, eliminatespending on programs that directlyhelp working and middle class familiesand retirees and take a huge bitebe obvious to any serious person thatone <strong>of</strong> the greatest financial problemsour country faces is the unequaldistribution <strong>of</strong> wealth. And the onlymovement that’s addressing thatright now is the labor movement.The only people who are trying toincrease the income <strong>of</strong> the middleclass and to see to it that they havegood wages, benefits and pensions isthe labor movement. And the labormovement is currently under attack“...one <strong>of</strong> the greatest financial problems our countryfaces is the unequal distribution <strong>of</strong> wealth.”David Kamerasfrom the pockets <strong>of</strong> working families.How anyone can call themselves aworker and support that kind <strong>of</strong>attack on their own well-being isbeyond me.UMW Journal: Yet a lot <strong>of</strong> working peopleseem to be buying the right-wingmessages, both from the presidentialcandidates and from Congress. Whatdo you see as the role <strong>of</strong> the unionin combating those messages? Andwhat do workers need to know aboutthe so-called “Tea Party?”Kane: I find it kind <strong>of</strong> hard to understandthe motivations <strong>of</strong> individualTea Party members, because theyseem to be supporting policies thatare against their own interests. But Iguess that’s not surprising when welook at the funding <strong>of</strong> the Tea Party. Itgets the great majority <strong>of</strong> its financialsupport from billionaires, who arecynically designing messages that playto people’s fears about each other, notabout what brings us together.Tea Party members are misguidedin their objectives. It shouldas has never happened in the past, atleast in our lifetimes.So you see public employees underattack for supposedly having wagesand pensions and health care that arehigher than many people in the privatesector, which isn’t even necessarily true.If you look closely, there aren’t manywealthy public employees.And the thing that really irritatesme is that workers’ pensions andwages are <strong>of</strong>ten criticized by rightwingpoliticians and right-wing CEOs,who make much more money andPhil Smith<strong>United</strong> <strong>Mine</strong> <strong>Workers</strong> Journal • <strong>March</strong>/<strong>April</strong> 2012 9


members for 122 years be regulatedaway. We’ll take our fight whereverwe have to take it—in the courts, inthe halls <strong>of</strong> Congress, on the streets<strong>of</strong> Washington, D.C., if we have to.And we’re going to have to stepup our efforts to incorporate thetremendous number <strong>of</strong> youngermembers we’re gaining into ourunion. We’ve had an extraordinarilygreat stretch <strong>of</strong> good members and“The labor movement needs the energy, the ambitionand the passion <strong>of</strong> our nation’s younger workers.”Tim Bakerhave higher pensions and retirementpackages. I think any politician whocriticizes the pensions <strong>of</strong> any employees,public or private, should have toreveal what they’ve already earned intheir own retirement packages. You’llfind they’re getting much more thanthe people they’re criticizing.UMW Journal: Do you think that thisfocus on public employees is also asort <strong>of</strong> divide-and-conquer tactic?Kane: Absolutely. People need torealize that, sure, we pay publicemployees’ wages when we pay taxes.But we also pay for the wages andbenefits for every CEO, for everymanager in this country. When youput your money in a bank, you’repaying the salary <strong>of</strong> a bank president.When you buy insurance, you’re payingthe salary <strong>of</strong> the CEO <strong>of</strong> that corporation.When you put your moneyin a 401(k) or any kind <strong>of</strong> investmentvehicle, you’re paying the multimillion-dollarbonuses to Wall Streetinvestment bankers and traders.In this system, everybody payseverybody else. And we’re nevergoing to see any kind <strong>of</strong> economicjustice in this country until wesomehow solve the massive incomeinequality that’s in the system rightnow. If people want to have any kind<strong>of</strong> positive effect on that, their bestoption right now is to join a union.UMW Journal: Where do you seeour union heading over the nextfew years?Kane: We have a lot <strong>of</strong> challenges,and that will be true no matter whatthe outcome <strong>of</strong> this year’s electionturns out to be. We’re still going tohave to deal with powerful and wellfundedenvironmental groups thatare working night and day to kill <strong>of</strong>fthe coal industry. We’re still going tohave deal with coal operators whobad-mouth us at every meeting theyhave with their employees and workto undercut the union at every turn.We have challenges in the politicaland regulatory arena we will haveto meet. Recent rules issued by theEnvironmental Protection Agencytake direct aim at the coal industryand our members’ jobs. We’renot going to stand by and watchthe industry that has sustained ourleaders in this union for the last 30years, from local unions on up tothe district and international level.But there’s a new generation cominginto our union, and I’m very excitedabout the new vitality I see when Ivisit our locals.They need—and they want—training to learn how to become thekind <strong>of</strong> strong union members andleaders that are the hallmark <strong>of</strong> theUMWA. They are the next generation<strong>of</strong> our union, and we owe it tothem and to ourselves to make surewe don’t just hand the union over tothem when the time comes, but tomake sure they are ready and able tocarry the union forward for manymore generations.I’m not that worried though,because I see young leaders out thereright now who are ready to step upand begin taking on more importantroles in their local unions, theirdistricts and the international union.They have the talent and skills to dothe job. As long as they can maintainthe kind <strong>of</strong> unity and solidarity thathave guided the UMWA for 122 yearsnow, we’ll be fine. 10 <strong>March</strong>/<strong>April</strong> 2012 • <strong>United</strong> <strong>Mine</strong> <strong>Workers</strong> Journal


Governmentin actionRoberts tells Congress:Massey responsiblefor UBB disasterLack <strong>of</strong> strong, consistent MSHA, state enforcementleft miners vulnerable to company’s rogue attitudeJay MallinIn testimony before the House Committee on Education and theWorkforce, President Roberts said, “The UMWA has long heldthat three things are necessary for a safe and productive mine:an operator who is willing to follow the law; an agency whichfully enforces the law; and workers who are empowered to speakout for themselves. None <strong>of</strong> these things happened at the nonunionUpper Big Branch mine.”the UBB disaster MSHA inspectorsdid a surprise inspection <strong>of</strong> Massey’sRandolph mine, which is just a mileor so down the road from UBB,they found conditions just as bad orworse than at UBB,” Roberts said.“Clearly, Massey was beyond caringif it followed the law or not, evenafter 29 miners lay dead.”Roberts noted that Masseymanagement developed an elaboratescheme to avoid getting caught committingserious safety violations atthe mine, including giving advancenotice <strong>of</strong> pending MSHA inspectionsto foremen underground, shuttingdown production sections to keepinspectors from observing actualoperating conditions, and hidingactual safety conditions in the minein a second set <strong>of</strong> books.“While MSHA inspectorswere trying to determine whetherMassey was following mine healthand safety laws and regulations, asall operators are required to do,”Roberts said, “former Massey CEODon Blankenship’s management wasregularly doing what it could to subvertMSHA’s efforts.“Let’s be clear,” Roberts told thecommittee, “people in southern WestVirginia believed that Don Blankenshiphad more power than MSHA,more power than the governor, morepower than the state safety agency,more power than you members <strong>of</strong>Congress sitting here. What he saidwas how it was, and if he wantedsomething done, it was done. If hewanted you fired, you were fired.”Roberts pointed out thatUBB was not the only mine whereMassey’s unlawful operational methodswere in place. “When a year afterProblems with MSHAenforcementCommenting on an internal review<strong>of</strong> MSHA’s actions, Roberts said,“MSHA shortcomings, in particularthose <strong>of</strong> MSHA District 4, allowedminers to remain in harm’s waythough the agency should and couldhave prevented such exposures.“In other words,” Roberts testified,“although Massey failed in itsduty to comply with mine safety lawsand regulations, MSHA had a duty toutilize every enforcement tool at itsdisposal so that miners’ safety wouldnot be jeopardized. Massey madeMSHA’s job much more difficult by12 <strong>March</strong>/<strong>April</strong> 2012 • <strong>United</strong> <strong>Mine</strong> <strong>Workers</strong> Journal


Governmentin actionJay Mallinits subterfuge, but that doesn’t excuseor explain MSHA’s shortcomings.The scope <strong>of</strong> internal MSHA problemsran from top to bottom.”Roberts told the committeethat there were several legislativeremedies the UMWA believes canand should be swiftly taken to betterprotect miners and to ensure thatvictims’ family members have a voicein any post-incident investigations.“The UMWA represented theworkers at UBB during this investigation,but the families didn’t haveanyone representing them,” Robertssaid. “They have the most investedin the outcome <strong>of</strong> the investigation,but had to rely on drips <strong>of</strong> informationfrom MSHA, the press...anyonethey could get any informationfrom. They should not be treatedthat way, and Congress has an obligationto give them a voice and arole in investigations.”Roberts also called for givingMSHA subpoena power in bothinspections and post-accident investigations,so that the agency canmore quickly learn the truth aboutconditions in a mine and act to keepminers safe.President Roberts meets with themedia after delivering his testimony.The current level <strong>of</strong> penaltiesfor corporations and their executiveswho violate mine safety laws istoo little to have any real deterrentvalue, Roberts told the committee.“The misdemeanor plea deal thatfederal prosecutors recently reachedin the 2007 deaths <strong>of</strong> nine workers atthe Crandall Canyon <strong>Mine</strong> in Utahreveals just how bad the law is.“They Said It“Murray Energy’s subsidiary,Genwal Resources, agreed to pleadguilty to two mine safety crimesand pay $250,000 for each <strong>of</strong> thetwo criminal counts,” Roberts said.“A further travesty <strong>of</strong> justice is thatthe plea agreement states that nocharges will be brought against anyGenwal mine managers or any executives.Once again, the real guiltyparties escaped justice. I guess thecost <strong>of</strong> nine lives is $500,000. That’sabout half a day’s production from alongwall operation.”Roberts urged the committeeto quickly consider legislation thatwould incorporate these recommendationsand others. “What thiscommittee and this Congress doesmatters to the coal miners <strong>of</strong> the nation,”he said. “And they are watchingto see if you will do anything to keepthem safe and alive. I urge you to act,and act quickly.” “When we get down there under thegolden dome, we’re going to have theright person running the agency, notnecessarily someone tied to the UMWA.”—Bill Maloney, Republican candidatefor West Virginia Governor,Feb. 22, 2012In his attacks on the current leadership <strong>of</strong> the West Virginia Office<strong>of</strong> <strong>Mine</strong>rs’ Health, Safety and Training, Mr. Maloney sent a strongsignal that the state GOP isn’t interested in West Virginia minershaving a strong voice in safety issues. He’s made it clear whichside he’s on, and it isn’t the miners’ side.<strong>United</strong> <strong>Mine</strong> <strong>Workers</strong> Journal • <strong>March</strong>/<strong>April</strong> 2012 13


Governmentin actionCOMPAC EndorsementsCOMPAC Councils in the following states have voted to endorse thesecandidates in coming primary elections. Make sure you know where andwhen to go to the polls, and make your voice heard!PennsylvaniaPrimary election is Tuesday, <strong>April</strong> 24U.S. SenateBob Casey (D)State Attorney GeneralPatrick Murphy (D)State Auditor GeneralEugene Depasquale (D)State TreasurerRobert McCord (D)U.S. House <strong>of</strong> RepresentativesDist. 3 Missa Eaton (D)Dist. 6 Manan Trivedi (D)Dist. 7 George Badey (D)Dist. 8 Kathy Boockvar (D)Dist. 10 Philip Scollo (D)Dist. 12 Mark Critz (D)Dist. 13 Allyson Schwartz (D)Dist. 14 Mike Doyle (D)Dist. 17 Tim Holden (D)State SenateDist. 29 Brian Rich (R)Dist. 35 John Wozniak (D)Dist. 37 Mark Mustio (R)Dist. 41 Don White (R)Dist. 43 Jay Costa (D)Dist. 45 James Brewster (D)State House <strong>of</strong> RepresentativesDist. 16 Robert Matzie (D)Dist. 19 Jake Wheatley (D)Dist. 20 Adam Ravenstahl (D)Dist. 21 Dom Costa (D)Dist. 22 Martin Schmotzer (D)Dist. 23 Dan Frankel (D)Dist. 24 Ed Gainey (D)Dist. 25 Joseph Markosek (D)Dist. 27 Daniel Deasy (D)Dist. 32 Tony DeLuca (D)Dist. 33 Frank Dermody (D)Dist. 34 Paul Costa (D)Dist. 35 Mark Gergely (D)Dist. 36 Harry Readshaw (D)Dist. 38 William Kortz (D)Dist. 39 David Levdansky (D)Dist. 42 Matt Smith (D)Dist. 44 Mark Scappe (R)Dist. 45 Nick Kotik (D)Dist. 46 Jesse White (D)Dist. 48 Brandon Neuman (D)Dist. 49 Peter Daley (D)Dist. 50 H. William DeWeese (D)Dist. 51 Tim Mahoney (D)Dist. 52 Deberah Kula (D)Dist. 55 Joe Petrarca (D)Dist. 58 R. Ted Harhai (D)Dist. 59 Harriet Ellenberger (D)Dist. 60 Jo Ellen Bowman (D)Dist. 62 Dave Reed (R)Dist. 63 Donna Oberlander (R)Dist. 71 Bryan Barbin (D)Dist. 72 Frank Burns (D)Dist. 73 Gary Haluska (D)Dist. 74 Mark McCracken (D)Dist. 76 Mike Hanna (D)Dist. 77 H. Scott Conklin (D)Dist. 112 Ken Smith (D)Dist. 113 Kevin Murphy (D)Dist. 114 Sid Michaels Kavulich (D)Dist. 118 Mike Carroll (D)Dist. 119 Gerald Mullery (D)Dist. 120 Phyllis Munday (D)Dist. 121 Eddie Day Pashinski (D)Dist. 123 Neil Goodman (D)Dist. 125 Vicki Harmond (D)Dist. 153 Nicholas Matliacci (R)West VirginiaPrimary election is Tuesday,U.S. SenateJoe Manchin III (D)U.S. House <strong>of</strong> RepresentativesDist. 3 Nick Joe Rahall II (D)GovernorEarl Ray Tomblin (D)Secretary <strong>of</strong> StateNatalie E. Tennant (D)AuditorGlen B. Gainer III (D)State TreasurerJohn D. Perdue (D)Attorney GeneralDarrell V. McGraw, Jr. (D)Justice, Supreme Court <strong>of</strong> AppealsLetitia “Tish” Chafin (D)State SenateDist. 1 Jack Yost (D)Dist. 2 Jeff Kessler (D)Dist. 4 Michael “Mike” Bright (D)Dist. 5 Bob Plymale (D)Dist. 6 Mark Wills (D)Dist. 8 Joshua R. Martin (D)Dist. 9 Richard Browning (D)Dist. 10 William R. “Bill” Laird (D)Dist. 12 Doug Facemire (D)Dist. 16 Herb Snyder (D)State House <strong>of</strong> DelegatesDist. 1 Randy Swartzmiller (D)Dist. 1 Marilyn Sue Boyd (D)Dist. 2 Phil Diserio (D)Dist. 3 Shawn Lucas Fluharty (D)Dist. 3 Erikka Storch (R)Dist. 4 Michael T. Ferro (D)Dist. 4 Keith Hughes (D)Dist. 5 Dave Pethtel (D)Dist. 8 Denzil “Buddy” Malone (D)Dist. 9 Jim Marion (D)Dist. 10 Dan Poling (D)Dist. 10 John Ellem (R)Dist. 12 Jo Boggess Phillips (D)Dist. 13 Helen Martin (D)Dist. 13 Brady R. Paxton (D)Dist. 14 Jimmie Wood, Jr. (D)14 <strong>March</strong>/<strong>April</strong> 2012 • <strong>United</strong> <strong>Mine</strong> <strong>Workers</strong> Journal


Governmentin actionMay 8Dist. 15Dist. 16Dist. 17Dist. 17Dist. 18Dist. 19Dist. 19Dist. 20Dist. 21Dist. 22Dist. 22Dist. 23Dist. 24Dist. 24Dist. 24Dist. 25Dist. 26Dist. 27Dist. 27Dist. 28Dist. 28Dist. 29Dist. 30Dist. 31Dist. 32Dist. 32Dist. 32Dist. 33Dist. 34Dist. 35Dist. 35Dist. 35Dist. 35Dist. 36Dist. 36Dist. 36Dist. 37Dist. 38Dist. 41Dist. 42Dist. 42Dist. 43Dist. 44Dist. 45Dist. 46Dist. 47Dist. 48Joe Bocook (R)Jim Morgan (D)Doug Reynolds (D)Dale Stephens (D)Portia Warner (D)Don Perdue (D)Richard Thompson (D)Justin J. Marcum (D)Harry Keith White (D)Jeff Eldridge (D)Josh Stowers (D)Larry W. Barker (D)Lidella Wilson Hrutkay (D)Larry E. Rogers (D)Joe White (D)Linda Goode Phillips (D)Clifton Moore (D)Ryan J. Flanigan (D)Pete Sternl<strong>of</strong>f (D)Al Martine (D)Jeffry A. Pritt (D)Ricky Moye (D)William R. “Bill” Wooton (D)Clyde McKnight (D)David G. Perry (D)Tom Louisos (D)Margaret Anne Staggers (D)David A. Walker (D)Brent Boggs (D)Bonnie Brown (D)Doug Skaff, Jr. (D)Bobbie Hatfield (D)Lisa Amoroso (D)Nancy Guthrie (D)Mark Hunt (D)Danny Wells (D)Meshea L. Poore (D)Virginia Moles (D)Adam R. Young (D)Peter E. Bostic (D)Ray Canterbury (R)Denise L. Campbell (D)Joe Talbott (D)Bill Hamilton (R)Peggy Donaldson Smith (D)Mary M. Poling (D)Ron Fragale (D)Dist. 48Dist. 48Dist. 49Dist. 50Dist. 50Dist. 50Dist. 51Dist. 51Dist. 51Dist. 51Richard J. Iaquinta (D)Tim Miley (D)Michael Manypenny (D)Mike Caputo (D)Linda Longstreth (D)Timothy Manchin (D)Barbara Fleischauer (D)Charlene Marshall (D)Nancy Jamison (D)Billy Smerka, Jr. (D)Dist. 51Dist. 52Dist. 53Dist. 56Dist. 57Dist. 61Dist. 63Dist. 65Dist. 66Dist. 67KentuckyPrimary election is Tuesday, May 22U.S. House <strong>of</strong> RepresentativesDist. 3 John Yarmuth (D)Dist. 6 Ben Chandler (D)State SenateDist. 1 Carroll Hubbard (D)Dist. 3 Joey Pendleton (D)Dist. 7 Julian Carroll (D)Dist. 13 Kathy Stein (D)Dist. 19 Morgan McGarvey (D)Dist. 27 Walter “Doc” Blevins (D)Dist. 29 Johnny Ray Turner (D)Dist. 31 Ray Jones (D)Dist. 33 Gerald Neal (D)Dist. 35 Denise Harper Angel (D)Dist. 37 Perry Clark (D)State House <strong>of</strong> RepresentativesDist. 3 Gerald Watkins (D)Dist. 4 Raymond W. Giannini (D)Dist. 6 Will R. Coursey (D)Dist. 7 John Arnold, Jr. (D)Dist. 12 James “Jim” Nance (D)Dist. 14 Tommy Thompson (D)Dist. 15 Brent Yonts (D)Dist. 16 Martha Jane King (D)Dist. 17 C.B. Embry, Jr. (R)Dist. 18 Dwight Butler (R)Dist. 20 Jody Richards (D)Dist. 23 Johnny W. Bell (D)Dist. 27 Jeff Greer (D)Dist. 28 Charles W. Miller (D)Dist. 29 Kevin D. Bratcher (R)Dist. 30 Thomas J. Burch (D)Dist. 34 Mary Lou Marzian (D)Dist. 35 Jim Wayne (D)Anthony Barill (D)Larry Williams (D)Stan Shaver (D)James E. “Jim” Maybury (D)Ruth Rowan (R)Michael Jason Barrett (D)Donn E. Marshall (D)Tiffany Lawrence (D)John Reese Maxey (D)Stephen Skinner (D)Dist. 40Dist. 42Dist. 44Dist. 49Dist. 57Dist. 62Dist. 67Dist. 71Dist. 72Dist. 74Dist. 76Dist. 79Dist. 84Dist. 85Dist. 86Dist. 87Dist. 90Dist. 91Dist. 92Dist. 93Dist. 94Dist. 96Dist. 97Dist. 98Dist. 99Dennis Horlander (D)Reginald K. Meeks (D)Joni Jenkins (D)Linda Howlett Belcher (D)Derrick W. Graham (D)Charlie H<strong>of</strong>fman (D)Dennis Keene (D)John Will Stacy (D)Sannie Overly (D)Richard Henderson (D)Ruth Ann Palumbo (D)Susan Westrom (D)Fitz Steele (D)Tommy Turner (R)Jim Stewart (R)Rick Nelson (D)Tim Couch (R)Ted “Teddy” Edmonds (D)Bobby Hamilton (D)W. Keith Hall (D)Leslie A. Combs (D)Jill York (R)Hubert Collins (D)Tanya Pullin (D)Rocky Adkins (D)Commonwealth AttorneyDist. 45 Ralph D. Vick (D)Justice <strong>of</strong> the Supreme CourtDist. 7 Janet L. StumboDistrict JudgeDist. 31 Jimmy “Blue” MarcumPike Co. Circuit Court ClerkErnie Napier (D)<strong>United</strong> <strong>Mine</strong> <strong>Workers</strong> Journal • <strong>March</strong>/<strong>April</strong> 2012 15


aroundour UnionUMWA District 12 <strong>Mine</strong>rs’Aid FundOn Feb. 28, a tornado tore through southern Illinois, causing extensivedamage at the Willow Lake <strong>Mine</strong>, where employees have voted forUMWA representation, and Southeastern Illinois College, where employeesare represented by Local 1995. Officers from Willow Lake’s L.U. 5929, RegionIII staff and dozens <strong>of</strong> volunteers established a food pantry to provide food,diapers, household supplies and cleaning materials.The pantry is located at the Southeastern Illinois College FoundationBuilding in Harrisburg and is still accepting donations <strong>of</strong> supplies. Monetarydonations can be sent to:UMWA District 12 <strong>Mine</strong>rs Aid Fundc/o UMWA Region III Office1285 Island Ford RoadMadisonville, KY 42431Training ConferencePresident Roberts will be speaking at the 2012 local union contractenforcement training conference, to be held Aug. 19–22 at Lakeview Resortnear Morgantown, W.Va.Taught by faculty from West Virginia University’s Institute <strong>of</strong> Labor Studiesand Research, the conference will <strong>of</strong>fer first-year participants communicationand conflict resolution, labor law and steward training. Returning attendeeswill be <strong>of</strong>fered training on workplace violence, leadership development,parliamentary procedure, how to run an effective meeting, thinking politics andStep 3 preparation. Bo Martos <strong>of</strong> the UMWA’s Contract Services Department willconduct a Q&A session addressing contract issues.Registration is $150, including all instructional costs. Contact Lakeviewdirectly at 800-624-8300 and mention the UMWA summer school for aspecial rate <strong>of</strong> $83 per night. Contact Robbie Massey at 304-255-9321,rvmassey@mail.wvu.edu, or Sharon Mayfield at 304-293-3323 by July 6.Butch OldhamIn MemoriamVester WilliamsU. 1926L. retireeVesterLawrenceWilliamspassed awayon Dec. 14at the age <strong>of</strong>84. A pastRecordingSecretary and Vice President <strong>of</strong>his local union, Williams retiredin 1991 from P&M Coal Co., butcontinued to be very active untilhis death. He was a member<strong>of</strong> the Pensioner LeadershipCommittee, the Alabama StateCOMPAC Council and wasawarded the UMW Journal’sActively Retired award in 2007.Brother Williams rallied inWashington, D.C., in May 2000with other pensioners and theirfamilies to save the Coal Act.“Brother Williams was a strongunion man,” said InternationalDistrict 20 Vice President DarylDewberry. “He was a strongleader and activist, alwaysasking what he could do tohelp. We will miss him terribly.”Williams is survived byhis wife, Annette Williams,daughters Debra Williamsand Lorretta Serpico, twograndchildren and twogreat-grandchildren.16 <strong>March</strong>/<strong>April</strong> 2012 • <strong>United</strong> <strong>Mine</strong> <strong>Workers</strong> Journal


aroundour UnionW.Va. mine safety bill passedNew mine safety legislation thatboosts methane monitoring,rock-dusting requirements andtesting, miner training and compliancewith existing regulationswas passed in <strong>March</strong> by the WestVirginia legislature.“We all worked extremelyhard to craft legislation that trulyprotects coal miners and holdsmining companies responsiblefor bad practices,” InternationalDistrict 31 Vice President MikeCaputo said. Caputo, who alsoserves as House Majority Whip,thanked International District 17Vice President Joe Carter, EasternCOMPAC Coordinator TedHapney and the Administrator <strong>of</strong>the UMWA’s Safety and HealthDepartment Dennis O’Dell for theirhard work in passing the legislation.The law breaks new ground byallowing families <strong>of</strong> mine disastervictims to designate a representativeto represent them in an investigation.“This is a provision that should beadopted as soon as possible by Congress,so that every family in everystate can have this right,” PresidentRoberts said. “I commend BrotherCaputo, Gov. Tomblin, SpeakerThompson and all those who workedso hard on getting this law passed.It’s a big step forward for mine safetyin West Virginia.” International District 31 VicePresident and House Majority WhipMike Caputo joins West VirginiaGov. Earl Ray Tomblin Mar. 21 duringthe signing <strong>of</strong> the state’s new minesafety law.Coal market continues to slideTurndown affects steam, metallurgical marketsrecent forecast by the U.S. Energy InformationA Agency (EIA) predicts that while the demandfor coal will continue to drop this year, it will likelyreverse course in 2013.This year, a perfect storm <strong>of</strong> warmer than usualwinter weather, market prices driven down by anabundance <strong>of</strong> natural gas and investor concernabout possible coal-powered plant shutdowns hassent shockwaves throughout the nation’s coalfields.Production has been scaled back at several mines,union and nonunion both, operated by Consol Energyand Patriot Coal, as well as those run by otherlarge companies.Electric utilities’ coal consumption is expectedto fall below 900 million tons this year, a level notreached since 1996. However, reduced coal inventoriesand anticipated increases in natural gas pricesshould help to turn that around next year.Anthracite looking upWhile the market for bituminous and subbituminouscoal is currently depressed, the much smallerhard coal market is staging a mild rebound. For example,Blaschak Coal, where members <strong>of</strong> L.U. 2587work, is coming <strong>of</strong>f production and sales recordsin 2011 and is anticipating an even better year in2012. Led by growth in exports to Europe and South<strong>America</strong>, anthracite is also once again becoming apopular and low-cost alternative for home heatingin the Northeast.<strong>United</strong> <strong>Mine</strong> <strong>Workers</strong> Journal • <strong>March</strong>/<strong>April</strong> 2012 17


Poems • Books • MusicWhich SideAre You On?More than 80 years ago, Florence Reese wrote “Which Side Are You On?,”which quickly became a universal anthem for worker rights. Now GeorgeElla Lyon, with artwork by Christopher Cardinale, presents Which SideAre You On?: The Story <strong>of</strong> a Song, a children’s book that tells the story <strong>of</strong>how the ballad was created in 1931 during the struggle to form a unionin Harlan County, Ky. The $17.95 hardback is available at amazon.com.Coal Camp KidsCoal Camp Kids: Growing Up in a CoalCamp is a collection <strong>of</strong> stories and recollections byMargie J. Pittman about childhood experiences in atypical coal camp. The author, who was raised in onesuch camp in Cinco, W.Va., was strongly influencedby the experiences <strong>of</strong> her father, who risked his lifedaily in nonunion mines until he found work at aUMWA mine. The paperback is available for $13.73 atamazon.com.No. 9No. 9: The 1968Farmington <strong>Mine</strong>Disaster explains theevents leading up tothe horrific explosionthat claimed the lives<strong>of</strong> 78 West Virginiaminers, 19 <strong>of</strong> whom are still entombed there. Thevolume, which President Roberts called “a timelyreminder that all mine explosions are preventable,”describes the failures <strong>of</strong> state and company <strong>of</strong>ficialsto protect the miners and the legal struggles <strong>of</strong> theminers’ widows to achieve justice. The hardback is$27.99 and available at amazon.com.BlackValleyBlack Valley: TheLife and Death <strong>of</strong>Fannie Sellins isthe biography <strong>of</strong> acourageous UMWAorganizer whowas gunned down in 1919 by lawmen outside a mine inAllegheny County, Pa., on the eve <strong>of</strong> the nationwide steelstrike. The book, written by Pittsburgh Tribune-Review staffwriter Richard Gazarik, describes a lifetime <strong>of</strong> activism,ranging from organizing strikes and boycotts to a sixmonthstint in a West Virginia jail for defying a judge’sinjunction against picketing. The paperback is availablefor $15 from the Saint Vincent College Center for NorthernAppalachian Studies, 724-805-2316.<strong>United</strong> <strong>Mine</strong> <strong>Workers</strong> Journal • <strong>March</strong>/<strong>April</strong> 2012 19


ourhealth&safetyA destroyedbeltline in theUpper BigBranch mine. MSHA District 4 personneldid not comply withall policies and proceduresapplicable to MSHA inspections,investigations andmine plan reviews. Inspectors did not consistentlyidentify deficienciesin the mine operator’s programfor cleaning up accumulations<strong>of</strong> loose coal, coaldust and float coal dust. Inspectors did not use the operator examinationrecords effectively when determining the operator’snegligence in allowing identified hazards to continueunabated. Inspectors did not identify the extent <strong>of</strong> noncompliancewith rock dust standards along belt conveyors. Inspectors did not identify significant deficiencies inthe operator’s ventilation and ro<strong>of</strong> control plans. MSHA District 4 personnel did not intervene asMassey manipulated MSHA’s procedures to avoidcomplying with reduced standards for respirable coalmine dust, and allowed the operator to significantlydelay corrective action to reduce miners’ exposures tounhealthy respirable dust concentrations.Assistant Secretary Joe Main has acknowledged thatMSHA is responsible for its actions and will address each<strong>of</strong> the problems the team identified.President Roberts noted, “The UMWA has alwaysbelieved that three key factors are necessary in order for amine to be a safe workplace: a mine operator that is willingto follow mine safety laws, mine safety enforcementagencies that are willing to strictly and consistently enforcethose laws, and a workforce that is empowered to speak outon its own behalf without fear <strong>of</strong> retribution. None <strong>of</strong> theseelements were present at UBB, with tragic results.” Crandall CanyonOn Mar. 9, Genwal Resources, Inc., the corporateowner <strong>of</strong> the Crandall Canyon mine in Utahand a subsidiary <strong>of</strong> Murray Energy, agreed to pleadguilty to two criminal violations <strong>of</strong> mandatory healthand safety standards under the federal <strong>Mine</strong> Safetyand Health Act and to pay a $500,000 fine.The first count charged Genwal with failingto timely report to MSHA that a significant coaloutburst occurred on Mar. 10, 2007, that disruptedregular mining activity for more than one hour andcaused the permanent withdrawal <strong>of</strong> miners fromthe area. The second count said that the companymined a barrier pillar on or about Aug. 3, 2007, inviolation <strong>of</strong> the ro<strong>of</strong> control plan.As a part <strong>of</strong> the plea agreement, the U.S.Attorney’s <strong>of</strong>fice will not bring other chargesagainst Genwal or any <strong>of</strong> its related companies,individuals, <strong>of</strong>ficers or directors in connectionwith Genwal’s activities related to the August2007 accidents, which killed six miners andthree rescuers.“This amounts to little more than a slap on thewrist for a company with millions in pr<strong>of</strong>its everyyear,” Secretary-Treasurer Kane said. “If this isthe best the U.S. Attorney in Utah could do, thensomething is very wrong with the law. As Congressconsiders new legislation in the wake <strong>of</strong> the UpperBig Branch disaster, I urge it to take a hard look atthis plea deal and what it tells the world, which isessentially this: In <strong>America</strong>, the lives <strong>of</strong> miners arecheap in the eyes <strong>of</strong> the law.”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>March</strong>/<strong>April</strong> 2012 21


DISTRICTSin action<strong>of</strong> a L.U. 1501 member who hasbeen accepted to an accredited college,university or trade school andhas maintained a 3.0 or above GPAis eligible. Scholarship applicationsare available at all Robinson Runportals or at the UMWA District 31<strong>of</strong>fice in Fairmont, W.Va. Applicationdeadline is May 1.Sue RineDistrict 31Brother Clarence E. Crawford, <strong>of</strong> Bridgeport,Oh., passed away on Mar. 5. Brother Crawford,a World War II veteran, was recognized lastyear for his 80 years <strong>of</strong> membership with theUMWA. Memorial contributions may be made inBrother Crawford’s name to Boys Town NationalHeadquarters, 200 Flanagan Blvd., P.O. Box 6000,Boys Town, NE 68010.Honoring Our PensionersUMWA District <strong>of</strong>ficials recently honored the following retireesfor their years <strong>of</strong> service as members <strong>of</strong> the UMWA.40 Year Pins DISTRICT 2 L.U. 0488 Leslie Barnhouse, Richard Patterson L.U. 1257Ronald Rodkey L.U. 1269 William Pancznak L.U. 1368 Raymond Offman L.U. 1412 Gerald Harbison,Ralph Lamar, John Magyor, Don Naylor, Jr., Raymond Scheetz L.U. 1980 Richard Yakubic L.U. 2300Bradley George L.U. 2494 James Blake, Donald Conner, Donald Farrell, Thomas Gregory, RobertKuzminsky, Francis Lutch DISTRICT 12 L.U. 0014 Charles McColm L.U. 0015 Jasper StirsmanL.U. 1092 Richard Brown, Gary Robinson L.U. 1393 Bill O’Guinn, Keith Wood L.U. 1487 KennyKondoudis L.U. 1605 Raymond Harlan, Charles Joines, Perry Oakley L.U. 1613 Frank Barrett, Jr.L.U. 1740 Roy Bolds, Briscoe Crowdus, Danny Stone L.U. 1802 Alfred Rednour L.U. 1825 DonaldChandler L.U. 2161 Edward Meracle, Larry Milligan L.U. 2295 Rich Gyorkos, Arlen Leslie, DempseyScanlan L.U. 9653 Sidney Knowles L.U. 9819 John Stephens L.U. 9926 John Baker, Orvil Barton,Terry Batts, Wilton Boyd, Donald Conner, Richard Cundiff, David Fiscus, Jack Hart, Rick Herr,Michael Hoover, Richard Katterjohn, Joe Phillips, Harold Polk, Edwin Reller, Donald Skelton, CurranWilkinson, Jerry Williams, Wendel Yeager DISTRICT 17 L.U. 1335 Raymond Bryant, Robert Carroll,John Knapp, Terry McClung, Ronald Midkiff L.U. 1340 Patrick Hanson L.U. 1503 Robert Henderson,Clintin Smith, Charles Toney L.U. 1640 Bruce Baldwin, Bobby Blankenship, Ivan Dales, ArlanHonaker, Ronnie Yates L.U. 1766 Leo Bayless L.U. 2232 Roy Clanton, James Copenhaver, WilliamLester, William Rife L.U. 2286 James Williams L.U. 2888 John Fannon, Tony Owens, David PlasterL.U. 2935 Donnie Stone L.U. 5958 Howard Ooten L.U. 7086 Everett Acord, William McMillion, JamesStaton L.U. 7093 Wendel Vance DISTRICT 20 L.U. 1948 John Fancher, Travis Smith DISTRICT 31L.U. 1466 Franklin Bailey, Glen Flanagan, Billy Shifflett, Charles Underwood L.U. 1501 GeraldDeBerry, Daniel Stevens L.U. 1702 David Coulter, Tony Fominko, III, Donald Howard, William Iddings,Ben McFoy L.U. 4047 John King, James Patechuk, Harold Perkins, Larry Shamblen50 Year Pins DISTRICT 12 L.U. 1487 C.W. Swan L.U. 1605 Joe Howard L.U. 5138 JimmyBennett, Kenneth Wood L.U. 9819 Dave Hendricks, James Lancaster, John Mills L.U. 9926 JohnTruitt DISTRICT 17 L.U. 1335 Fred Gilkerson, Bernard Hall, Hobert Ratliff L.U. 1766 Ronald O’BrienL.U. 7170 Roscoe Edwards L.U. 9177 Billy Sutphin DISTRICT 22 L.U. 1307 Anciel Twitchell L.U. 8622Raymond Garcia DISTRICT 31 L.U. 1058 William Hammond60 Year Pins DISTRICT 2 L.U.2494 Paul Wargo, John Wojno L.U. 4963 BillieMyers L.U. 6159 James Franks DISTRICT 12L.U. 0014 Lyndell Biazo L.U. 1092 James MinorL.U. 1487 Earl Eberhardt, William Tennison L.U.9819 Gene Bouvet L.U. 9926 Woodrow BarnettDISTRICT 17 L.U. 1335 Billie Reed L.U. 5859Paul Sexton L.U. 7086 Robert Lilly L.U. 9781Buren McKinney DISTRICT 22 L.U. 8622 JoeBusio Harold Guptill, Max E. Heino, EdwinWilson DISTRICT 31 L.U. 9909 John Brock,Mike Tonkovich70 Year Pins DISTRICT 2 L.U.1248 Michael Petrus, Jr. L.U. 2874 DonaldAnderson L.U. 3548 Bruno Lorenzi DISTRICT12 L.U. 9653 Robert Knowles DISTRICT 17L.U. 1259 James Osborne L.U. 1335 HerbertTaylor L.U. 1503 Richard Cogar L.U. 5899 BillNewman L.U. 7604 James Goodwin DISTRICT22 L.U. 8622 Clyde PetersenUnfortunately, due to the number <strong>of</strong> membersreceiving pins, the UMW Journal cannot runphotos <strong>of</strong> pin recipients. In order to receive amembership pin, you must submit an applicationto your District <strong>of</strong>fice. Pins are not automaticallyissued. Your district representative will send thenames to the UMW Journal.<strong>United</strong> <strong>Mine</strong> <strong>Workers</strong> Journal • <strong>March</strong>/<strong>April</strong> 2012 23


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