May - June - United Mine Workers of America

Supreme Court rules against Blankenship and Massey…see page 10May–June 2009 120th Year, No. 3CoalFighting forCoalminersFighting for

United Mine WorkersjournalFighting for coal,fighting for coal jobs..................... 4As legislation addressing greenhousegas emissions and climate changemoves through Congress, the UMWAis working to keep coal and coal jobsin the forefront of the debate.Don’s World................................. 10Don Blankenship’s decisions andactions as CEO of Massey Energyare coming back to haunt him.Blankenship himself was just slappeddown by the U.S. Supreme Court, andunder his leadership the companyhas been forced to pay hundreds ofmillions in fines for environmentaldisasters, shady business practices andlabor law violations.DepartmentsActively Retired.............................. 15Around Our Union.........................16Local Union Nomination period for InternationalOfficers, District Representatives to start June 15Pursuant to Article 6 of the UMWA Constitution, elections for InternationalOfficers and District Representatives will take place on Nov. 10.The period for local union nomination meetings for these positions isbetween June 15 and Aug. 1.The positions open for nomination are: International President,International Secretary-Treasurer, At-Large International Vice President(three), International District Vice President (one for each district),International Auditor/Teller (one each for Canada, the eastern U.S. andthe western U.S.) and District Representatives (number varies dependingon district).Members with questions regarding their local union nominationmeetings should contact their Local Union President, Recording Secretaryor Tellers.How old is your local union?U. 1307 in Wyoming celebrated its 100th birthday this year. Has yourL. local union been around that long? Longer? Let us know!Send the UMW Journal the information about your local...when it waschartered, who signed the charter, how many members are in the local. Ifyou’ve got a picture of the charter, send it in, too.You can send it to UMW Journal, 8315 Lee Highway, Fairfax, VA 22031or e-mail it to journal@umwa.org.Our Health and Safety................... 20Districts in Action.......................... 22Cover Photo: L.U. 6426 member JamesTaylor operates a shuttle car in WestVirginia’s Big Mountain No. 16 mine.Photo by Earl Dotter.CorrectionsIn the March-April issue of the UMW Journal, a photo onpage 18 was inadvertently identified as L.U. 12 PresidentTony Liebscher. Brother Liebscher’s actual photo is here.Also in the March-April issue, retiree Herb Scott wasmisidentified as Herb Swift on page 12.The UMW Journal apologizes and regrets these errors.Matt AlleyProduced by the UMWA Communications Department: Phil Smith, Department Director, Editor; David Kameras, Communications Coordinator;Matt Alley, Communications Specialist; Thelma Blount, Department Secretary;GO! Creative, llc, 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 May/June 2009 • United Mine Workers Journal

lettersWorried about climatechange legislationHere is an article I read that I wouldlike to be published in the letters tothe editor; if not the whole article,then maybe just the part highlighted.Since this union supported Obamaand the Congress (I did not), wheredo you think we are going to sell ourcoal now?Dale K. HopkinsL.U. 1412Avonmore, Pa.[Editor’s note: The article BrotherHopkins sent is entitled “DefiningAffordability,” published in the April2009 issue of Penn Lines magazine.Space requirements do not allow usto publish the entire article, howeverthe portion he highlighted quotesGlenn English, former Democraticcongressman from Oklahoma andnow the CEO of the National RuralElectric Cooperative Association.English said, “When you lookat the Obama administration andthe makeup of Congress, there’s notmuch question they’re going to takeup a climate change bill, and theylikely will pass one. It’s clear that onthe federal level, as well as in manystates, lawmakers simply do not wantto see any more coal-fired powerplants built until we can remove andstore the carbon emitted.”]The UMW Journal responds: Theefforts to develop climate changelegislation that would restrict theuse of coal-fired power has a long,bipartisan history. Republican Sen.and 2008 presidential candidate JohnMcCain twice introduced climatechangelegislation in this decadethat would have significantly cutcoal-fired power and correspondingcoal production and jobs in the nearterm, and would have phased themout entirely over the long term.As is discussed in the story beginningon page 4, the UMWA has notendorsed the current climate changelegislation now being considered inCongress because it does not meetUMWA members’ needs as it standsnow. But because of the union’s effortsand the work of the UMWA’sfriends in Congress, the future forcontinued use of coal for many decadesto come is much brighter in thatlegislation than Mr. English anticipatedin his April Penn Lines quote, orthat Sen. McCain would have allowedfor in his failed legislation.This is an extraordinarilycomplicated issue that the UMWJournal will be covering closely in themonths and years ahead. We encouragemembers to also read as muchother information from non-partisansources as possible to get a good understandingof what is actually beingdebated in Congress.Retiree appreciateshealth careI just want to let the UMW Journaland the UMWA know that withoutmy UMWA health insurance, I wouldnot know where I would be today.My wife had cancer for 17 years, butwith my UMWA health care, it didnot cost me a penny for all the treatmentsshe had. She passed away 10years ago.I had my first heart attack in1996, my second heart attack in2002, five bypasses, a pacemaker anda defibrillator, and again, it did notcost me a penny. Thank you UMWA.Donald RobbinsL.U. 2906 and 2426Princeton, W.Va.Widows appreciateAssociate MembershipEditor’s Note: The UMWA continuesto contact widows of deceasedmembers to offer support and to letthem know they can still enjoy manyunion benefits through AssociateMembership. Here is a sample of theirresponses:I have a lot of faith in the UnitedMine Workers of America. I get alot of benefits from the union, andI’ll support you as much as I can.I enjoyed the UMW Journal whenmy husband received it. I actuallythink I enjoyed it more than he did.Thank you so much for sending methe Associate Membership form.Louise SmithPatton, Pa.I am very glad to do this in honorof my husband, Everett E. Blair.He was a proud union memberand I am a very proud and gratefulunion widow.God Bless you all!Jean W. BlairTazewell, Tenn.Please cut the $4 out of my checkeach month. Thank you for all youdo for the widows, especially theextra check in November. It helpsso much for Christmas.Mahalia HallViper, Ky.United Mine Workers Journal • May/June 2009 3

Fighting forFighting forCoal.Coal minUMWA protects coal jobs in a climate-changingMark Twain usedto say: “Everybodytalks about theweather, but no onedoes anythingabout it.” Nowadays, there’s moretalk than ever about the weather—or, more pointedly, climate change.And there is still no agreement aboutwhat should be done about it.Climate change is turning outto be America’s most contentiousbattleground, where armies of lobbyistsrepresenting environmentalists,trade unions and competing energyindustries are fighting to shapeAmerican policy for years to come.And no group will be more directlyaffected by the ultimate outcomeof this struggle than the members ofthe UMWA.“There is no disputing that thegovernment is going to deal with thechallenge of climate change,” saidPresident Roberts. “So for the UMWA,our members and their families—indeed, for all coal miners and ourcommunities—the issue isn’t whethersomething is going to be done. Theissue is, instead, what is going to bedone and what we can do to influencethe outcome of whatever legislation isfinally passed in Congress.”Re-fightingthe last warAs a political issue, climate change,and the degree that it is affected bycarbon-based resources, is hardlynew. In fact, climate changeand coal mining took center stageduring last year’s presidential campaign,as candidates from both partiescampaigned for votes throughoutAppalachia, which includes partsof many of the key swing states theywould need to secure victory.But with 50 percent of America’selectricity generated by coal, ournation would be having this debateregardless of who won or lost lastNovember. For example, on thesubject of mountaintop removal(MTR), John McCain said duringa campaign event in Florida thathe supported ending MTR, whichemploys about 1,000 UMWAmembers in West Virginia.To help shape governmentpolicy with respect toMTR going forward,President Robertsmet with NancySutley, the Chairof the President’sCouncil on EnvironmentalQuality, and4 May/June 2009 • United Mine Workers Journal

ers.worldEPA Administrator Lisa Jackson.The UMWA’s objective is to createa stable regulatory framework inwhich operators and their financiersare sufficiently confident to investin coal mining,and reflects theeconomic needs ofUMWA miners andthe coalfield communitiesin whichthey live. Indeed,EPA announcedin May that it hadapproved 42MTR permits.A legislative approach to dealingwith a reduction in greenhouse gasemissions called “cap-and-trade” isanother example. In 2003, 2005 and2007, Sen. McCain proposed climatechange legislation in Congress thatwould have severely restricted thefuture use of coal, using a differentform of cap-and-trade legislationthan is currently being discussedin Washington.David KamerasLeading throughtechnologyThe United States relies on coal forone-half of its electric generation,providing reliable low-cost powerto millions of American homes andhigh-paying jobs to workers andcommunities in more than 20 coalproducingstates. In fact, 24 statesgenerate more than 50 percent oftheir electricity from coal.Yet despite America’s relianceon energy generated by coal, norenewable energy technologycurrently exists that could replacecoal as an energy source today, andthe reality is that such technologywill not be available for decades inenough capacity to meet America’senergy needs.Faced with growing concernsabout the impact of carbon dioxideand other greenhouse gas emissionson global climate, our ability to continueto use our abundant domesticcoal resourcesdepends uponrapid technologicalprogress towarda solution thataddresses theseconcerns whileensuring continuedjob opportunitiesfor our nation’scoal miners. Forthe UMWA, that means supportinggovernment and industry investmentin carbon capture andstorage (CCS) technology.CCS technology is themost promising means for reducingcarbon emissions fromcoal-fired electricity generatingplants, which currentlyaccount for roughly one-thirdof total U.S. carbon dioxide“Re-fighting last year’selection is beside the pointand does nothing to save asingle coal job.”(CO 2) emissions. The technologycompresses CO 2gas to liquid form,and injects it miles underground indeep saline aquifers or shale formations,where it is permanently stored.Moving forward on the commercialdevelopment of CCStechnologies is vital to our nation’slong-term ability to achieve significantreductions of greenhouse gasesin the electric energy sector, and topreserve and enhance the role ofdomestic coal as a future source ofclean energy.Fully developed and implementedCCS technology will mean thatpower plants using this technologycan meet greenhouse gas reductiongoals. That meansutilities cancontinue usingcoal instead ofmore expensivenatural gas, andthey won’t have toinvest billionsin nuclear David Kameras“We’ve had a target onour backs for years.”—President Cecil RobertsUnited Mine Workers Journal • May/June 2009 5

“The issue isn’t whether something is going to be done. The issue is,what we can do to influence the outcome of whatever legislation isenergy, which would drive upelectricity prices for residentialand industrial customers.A balanced plan that providessufficient time for CCS andother clean energy technologiesto be deployed will keep coalminers on the job while slowingenergy price increases. Indeed,the deployment of a new generationof advanced coal-basedgeneration plants equipped withCCS could result in huge economicand employment benefits.Stabilizingthe investmentenvironmentA new economic study by BBCResearch and Consulting demonstrateshow deployment of advancedcoal-based electric power plantsequipped with CCS technologies thatreduce CO 2could generate $1 trillionof economic output and create 7 millionman-years of employment.Yet none of these economicbenefits will materialize if governmentand industry fail tomake the necessary investments.In 2007, theSupreme Court gave theEPA the right to regulategreenhouse gases, andthis spring, the EPA determinedthat greenhousegases arehazardous tohealth. Withoutcongressionalaction,there is noquestion thatthe agencywill issue rules that will seriouslyjeopardize coal-mining jobs. This iswhy a legislative, rather than regulatory,solution is so essential.“Building a coal-fired plant is a40-year investment,” said PresidentRoberts. “It’s important to have a billthat says coal is going to be aroundfor decades to come, because onlythen will the necessary investmentsbe made. People won’t want to investin a coal plant that the EPA canregulate out of existence next year.It’s much better to get legislationthan regulation.”Growing economies likethose of China and India areexpected to increase theirconsumption ofcoal for theDavid KamerasPhil Smithindefinite future. Thus far, majordeveloping nations have resistedany commitments to reduce eventhe rate of future growth of theirgreenhouse emissions. DevelopingCCS technologies in the UnitedStates, and demonstratingtheir technical and economicfeasibility, will be essential toefforts to stabilize greenhouse gasconcentrations globally.A legislativeapproach“The greatest emitters of greenhousegases are coal-fired powerplants, followed by autos,” saidPresident Roberts. “We’ve had atarget on our backs for years.”Yet at a time when extremists onall sides are trying to score politicalpoints, the UMWA is injecting somehard-nosed practicality into the debate.Last year, President Roberts,together with AFL-CIO PresidentJohn Sweeney, met with Speaker of theHouse Nancy Pelosi to suggest carboncapture and sequestration as a preferableapproach to addressing climatechange. In addition, the UMWA hasworked in partnership with the AmericanCoalition for Clean Coal Electricity(ACCCE) to advance policies thatwill create and preserve jobs. ACCCEhas run several television and radioads throughout the nation promotingthe development and use of cleancoal technology.All of this activity putthe union in an optimal positionduring this year’s climatechange debate. It helped us providesignificant strength to our friends onCapitol Hill when it came time for6 May/June 2009 • United Mine Workers JournalU.S. Rep. Rick Boucher (D-Va.)

instead, what is going to be done andfinally passed in Congress.”the House Energy and CommerceCommittee to improve and then reportout the American Clean Energyand Security Act (HR 2454) by a33-25 vote, despite all but one of thepanel’s Republicans voting againstthe measure.“This bill is not yet where wewant it to be, so we have not endorsedit,” Roberts said. “But we arevery appreciative of the fact that ourvoice has been heard as the legislationis being developed.“We’ve done well with respect towhat has come out of the committee,especially given that the leadershipcomes from California and Massachusetts,where no coal is produced,”Roberts said. “The amount of moneydedicated to coal in this bill is remarkable.And the future of coal willbe intact.”“It is now inevitable that federalcontrols on greenhouse gases willbe adopted,” said Rep. Rick BoucherEarl Dotter(D-Va.). “The Supreme Courtended the debate on whether therewould be controls when it effectivelymandated three years ago that theEnvironmental Protection Agencyregulate greenhouse gas emissionsunless the Congress acts first. Virtuallyall interested parties, from thecoal industry and electric utilities,would prefer that Congress adopt theregulations rather than have them beadopted by the EPA.”With the bill out of committee,legislators hope to guide it throughthe full House by the middle of July.However, that timetable may bevery optimistic. Many observers ofCongress predict that the extremecomplexities of the legislation willmean a long road ahead as it is firstexamined by the full House and thenthe Senate.Whatever the outcome, theinitiative is likely to have a major impactat the Copenhagen, Denmark,meeting of the world’s environmentalministers in December, when theKyoto protocols expire. The UMWAstrongly opposed the 1997 Kyotonegotiations because, had the U.S.ratified the agreement, coal minerswere going to lose their jobs, andthe pact did not require developingcountries to be part of the deal.“The American Clean Energyand Security Act contains provisionsto protect us from coal importedfrom countries without similar laws,”Roberts said. “It would protect coaljobs, steel jobs and utility jobs for ourbrothers and sisters in the electricaltrades. It would create an enormousnumber of jobs involved in installingthese new technologies at powerplants. It has the potential to be a jobscreator and a jobs preserver.”The AmericanClean Energy andSecurity ActBecause the UMWA participated in theprocess, and worked with our friendsin Congress such as Rep. Rick Boucher(D-Va.) and others, the union has beenable to achieve significant help for coalin the climate change legislation passedby the House Energy and CommerceCommittee.The American Clean Energy andSecurity Act, as modified by thecommittee, would• Seek a 17 percent reduction from2005 greenhouse gas levels by 2020,a more modest goal than the 20percent reduction contained in theoriginal bill, and way below the 25-40percent below 1990 levels sought byother countries.• Budget $10 billion over 10 years todevelop CCS in commercial projects.• Provide 35 percent of emissionsallowances free to coal-burningutilities, with a phase-out between2025 and 2030, a benefit worth $447billion. Originally, the allowances wereto be auctioned off.• Provide $181 billion in incentivebonuses for developing and adoptingCCS technologies.“There is more that we want to see inthis legislation that would benefit thecoal industry and our members’ jobs,”Roberts said. “More work remains tobe done before we can support it.Depending on what happens as it makesits way through the legislative process,we may not support it in the end. Buta start has been made that recognizesthe critical importance of coal to ournation’s energy future, and that startwould not have been possible withoutthe work we did.”United Mine Workers Journal • May/June 2009 7

STATE EDITION 50 CENTS 2009 CHARLESTON, WEST VIRGINIA cloudy high: 80 low: 60theReprint of Charleston Gazette op-ed, May 3, 2009Seems like everywhere you turnthese days, somebody’s talkingabout coal: Where it’s mined,how it’s mined, even whether itshould be mined at all.It’s an important discussion,because the decisions our nationmakes regarding coal and the futureof coal will affect tens of millions ofAmericans—not just coal miners andtheir communities; but nearly everyAmerican who flips a light switch orturns on a computer, television orair conditioner.As we develop these policies,it’s important to keep some facts inmind about coal, the UMWA andhow we got to where we are today.Fact #1: We would be discussingthe future of coal no matter who waselected President of the United States.Everyone remembers that therewas an election last November.And no matter how you look at it,one candidate won (by a lot) andanother lost. Even so, many peopleGazetteCharlestonTHE STATE NEWSPAPER—OUR 136th YEARwvgazette.comTime for some facts about coalBy Cecil E. Roberts, International President, United Mine Workers of Americain the coalfields are saying that theincreased attention on coal andespecially the rising pressures on thesurface mining method known asmountaintop removal (MTR) are occurringonly because Barack Obamawon that election.“To say that one politicalparty or another is morefavorable to coal andthe future of coal isjust hogwash.”What a crock. I would remindeveryone that it was John McCain,not Barack Obama, who said hesupported ending MTR during acampaign event in Florida last fall.I submit that had McCain wonthe election and done what he saidhe would do, we would not be talkingabout whether or not the EnvironmentalProtection Agency (EPA)should be issuing letters questioningMTR permits. He would have shutthose mines down already.What is happening instead is areview of MTR in its entirety to seewhat rules and regulations applyand how they should be applied.The EPA and Department of theInterior have taken steps that aremoving oversight of MTR miningback to the situation that existed fordecades in the coalfields.We believe that, as part of thatreview, the administration must havea clear understanding of what the fulleffects of surface mining are on coalfieldcommunities—both the environmentaland the economic effects.That is why I have met withNancy Sutley, the Chair of thePresident’s Council on EnvironmentalQuality and EPA AdministratorLisa Jackson in the last few weeks toexpress our concerns regarding thedirection that future MTR policymay take, and to ask for a clearly8 May/June 2009 • United Mine Workers Journal

stated policy that will allow everyoneto understand what the rules areas we move forward. I believe theObama administration is workingto do that, though no one can say atthis point what that policy will be orwhether we will agree with it oncethey announce it.I would also remind everyonethat Sen. McCain has twice proposedclimate change legislation inCongress, including the very kind of“cap-and-trade” mechanisms that arecurrently being discussed in Washington,that would have severelyrestricted the future use of coal, especiallyAppalachian coal.Indeed, Sen. McCain said in2000, “In a perfect world, we wouldlike to transition away from coalentirely.” There is no evidence thatSen. McCain has changed his positionon this issue. And his is not theonly voice on the Republican side ofthe aisle who is calling for action onclimate change issues and a reductionin the use of coal.So to say that one political partyor another is more favorable to coaland the future of coal is just hogwash.Worse, re-fighting last year’selection is beside the point and doesnothing to save a single coal job.Let’s not forget we are in theworst recession in decades. Minersare suffering layoffs becausethe market for metallurgical coalto make steel has dried up and themarket for steam coal has stagnated.This situation will eventually reverseitself—hopefully sooner rather thanlater, for all our sakes.Fact #2: Action in Washingtondealing with climate change was goingto happen no matter what the outcomeof the 2008 elections was.In 2007, the U.S. Supreme Court(a majority of whom were appointedby Republicans) said that the EnvironmentalProtection Agency (EPA)has the authority to regulate theemission of greenhouse gases.What that means is that one oftwo things is going to happen: Eitherthe EPA will indeed issue regulations,as the Supreme Court says they can,or Congress will pass legislation dealingwith climate change and greenhousegas emissions. For miners,their families and their communities,it is imperative for Congress to act,“We are working day andnight to include coal as partof our nation’s energy mix.”because only Congress can write lawsthat will include the kind of help ourindustry needs to survive and prosperfor decades into the future.So for the UMWA, our membersand their families—indeed, for allcoal miners and our communities—the issue isn’t whether somethingis going to be done. The issue is,instead, what is going to be doneand what we can do to influence theoutcome of whatever legislation isfinally passed.That is why the UMWA haschosen to become involved in theprocess in Congress over this pendinglegislation. We believe that forus to do nothing will provide exactlythat for our members and their families:nothing.Because we are involved, membersof Congress are listening to theconcerns of coal miners, our familiesand our communities. Indeed,because many from the coalfieldshave decided to sit on the sidelinesand engage in rhetorical attacks andpolitical grandstanding on this issue,ours is one of the few pro-coal voicesanyone of consequence in Washingtonis listening to.We are being heard when itcomes to including language in thelegislation to fund the developmentof technology that would allow usto use coal in a carbon-neutral wayfor decades to come. We are beingheard when it comes to how climatechange legislation might look andhow to make sure whatever carboncaps may come in the future arerealistic ones that don’t destroy thejobs and economies of coal statesand communities.We do not yet know what theclimate change legislation Congresseventually passes will actually say,meaning we do not yet know if itwill be legislation we can support.But I can promise this: Whateverhappens, we will continue to fighton behalf of our members andtheir jobs.We are working day and night toinclude coal as part of our nation’senergy mix. It is America’s mostabundant energy resource, and weagree with President Obama that theUnited States can figure out a way touse it for decades to come.There is no question that thecurrent situation presents us with adifficult path to navigate. But navigateit we must, for I am determinedthat the UMWA will remain true toour core mission: To do our best topreserve, defend and expand the jobsof our members and improve theireconomic well-being.That is what unions are supposedto do, and that is what theUMWA has always done. We take upthis fight, because to do anything lesswould be to abandon the principlesthat have guided us for 119 years.We will not sit on the sidelines. Nottoday, not tomorrow, not ever.United Mine Workers Journal • May/June 2009 9

Don’sWorldMassey Energy’sCEO defines a roguecoal companyThe “Don” ofWest Virginia politics?When Massey Energy CEO Don Blankenshipmoved in 2004 to inject himself intoWest Virginia state politics, he got nationalrecognition—but it wasn’t the kind of recognitionhe was looking for.Blankenship spent $3 million to support a littleknownlawyer named Brent Benjamin in a campaign fora seat on the West Virginia Supreme Court of Appeals. Heestablished a political action committee called “And forthe Sake of the Kids,” which sponsored vicious televisionand radio ads against the incumbent, Warren McGraw.Associated Press“This was just an out-and-out effort to buy a favorableseat on the Supreme Court,” said President Roberts.“Don Blankenship and Massey Energy had some casesthat were either at the court or coming to the court onappeal. This was Don’s way of doing what he could toget an extra vote for himself and his company.”It worked. On Nov. 21, 2007, the West VirginiaSupreme Court threw out a $76 million judgementagainst Massey filed by Harman Mining, which allegedthat Massey had intentionally reneged on coalsupply contracts to drive Harman out of business.“Don spent $3 million to get Brent Benjaminelected, then got a $76 million judgement againstMassey thrown out,” Roberts said. “I’m sure hethought at the time that it was a pretty good return onhis investment. But then the facts got in the way.”That’s because Hugh Caperton, the owner of HarmanMining, appealed to the U.S. Supreme Court. TheHigh Court took up the case precisely because of theappearance of impropriety raised by Benjamin votingon cases that involved Blankenship and Massey Energy.The case became one of the more high-profile cases theSupreme Court has heard this yearOn June 8, the U.S. Supreme Court issued a ruling inCaperton v. Massey that was a direct slap at Blankenship.The Court threw out the West Virginia Supreme Court’sruling, saying that “Blankenship’s campaign efforts had asignificant and disproportionate influence in placing JusticeBenjamin on the case.” The Court went on to say that“Blankenship’s extraordinary contributions were madeat a time when he had a vested stake in the outcome...There was here a serious, objective risk of actual bias thatrequired Justice Benjamin’s recusal.”In other words, justice cannot be for sale.“Justice is supposed to be blind, but it was not in thiscase,” Roberts said. “The Supreme Court has acted correctlyto restore the public’s confidence that judgementsrendered by our court system cannot be bought and sold.”The case is important to the UMWA, because the minerswho worked at Harman are UMWA members who lost theirjobs and their health care benefits as a result of Massey’s attackon the company. The union initially covered their healthcare for a period of time, and many of the miners were ableto take their retirement and qualify for health care throughthe UMWA Health and Retirement Funds.“UMWA members who worked at Harman are owedin excess of $13 million for past and future health care obligations,”Roberts said. “They and the union are lookingforward to this money being repaid to them, and soon.”10 May/June 2009 • United Mine Workers Journal

Matt Alley“This was just an out-and-out effort to buy a favorable seat on the Supreme Court.”W.Va. voters toBlankenship: Enough!After his success in 2004 with getting Benjamin elected,Blankenship took his act to the state legislative electionsin West Virginia in 2006. This time though, the voters ofWest Virginia were on to him. Nearly every candidate whowas supported by Blankenship lost.“The results of that election made it pretty clear justhow much the voters were ready to reject Blankenship’scampaign of half-truths and outright lies,” Roberts said.“And I think he got the message. He hasn’t publicly raisedhis head since in electoral politics in West Virginia.”Another legal blow to Massey and Blankenshipwas dealt last December, when the U.S.Supreme Court refused to hear Massey’s appealof a $220 million verdict against the companyin a suit filed by Wheeling-Pittsburgh SteelCorp. Orginally filed in 2004, the suit allegedthat Massey reneged on an agreement to supplyWheeling-Pittsburgh with metallurgicalcoal at a time when prices for that highqualitycoal were spiking.Blankenship rises—the environment suffersBlankenship became President of Massey Energy shortlyafter the company was spun off from its corporate parent,the Fluor Corp., in 2000. Almost from the very beginning,his tenure as head of the company was marked with controversyand contempt, not just for the UMWA, but forthe people who live near Massey operations as well.In Martin County, Ky., a Massey-owned coal sludgedam broke in 2000, releasing 306 million gallons of coalwaste into an abandoned underground mine beneath theimpoundment. The sludge eventually found its way into theBig Sandy River, causing a major environmental disaster thatled to a $3.5 million payment to the state of Kentucky inpenalties and damages.Massey has continued to be a bad actor when it comesto mining coal in a responsible and community-friendlyway. According to the Coal Impoundments Location andInformation System kept by Wheeling Jesuit University,Massey had 27 spills from its coal impoundmentsinto coalfield waterways from 1994through 2008, totaling nearly 422 milliongallons. The next-closest operator had threespills during that same period.In 2008, Massey paid $20 million in finesto the federal government for violations ofstream discharge regulations, the largest fineever levied against any mine operator. This wasto settle over 4,500 violations of the company’sClean Water Act permits between 2000 and 2007.“Coal can be mined in an environmentallyresponsible way,” President Roberts said. “Butin many respects, Massey has chosen not to do it thatway, and the result has been to give the coal industrya black eye. As public scrutiny gets raised about coaland coal mining, Massey gives those who oppose theuse of coal something to point to as they bad-mouthour entire industry.”United Mine Workers Journal • May/June 2009 11

Safety lastOn Jan. 19, 2006, a fire broke out on a belt line at Massey’sAracoma Alma #1 mine. As miners evacuated the mine,two became separated from the rest in the thick smoke.They never made it out.A subsequent investigation by state and federal safetyauthorities found that management at the mine committedmultiple violations of the law, including severalcriminal violations that led to prosecution of the Masseysubsidiary operating the mine, Aracoma Coal. In April ofthis year, Aracoma pleaded guilty to 10 mine safety violationsand paid criminal fines amounting to $2.5 million.Additionally, Aracoma agreed to pay $1.7 million incivil penalties to resolve over 1,300 violations that federalMine Safety and Health Administration (MSHA) investigatorsfound at the mine after the fire.The federal judge who approved the plea deal saidthat Aracoma’s safety failings “doomed two workers to atragic death.” He went on to say that the “combination ofthese failings is inexcusable, and shows a lack of concernat the time for the safety and welfare of the miners.”“This mine was set up to be a death trap, and that’swhat it became,” President Roberts said. “Conditions inthe mine were bad, and made worse by the decisions minemanagement made and the lack of attention to criticalsafety measures that could have meant the differencebetween life and death.“MSHA’s report on the Aracoma Alma tragedy showsthat Massey management at the mine violated multiplesafety laws that contributed to the tragic deaths of the twominers there,” Roberts said. “The report also demonstratesthat these conditions were ongoing for weeks and monthsprior to the underground fire at the mine.“Everywhere you turn in MSHA’s report, there is anothersafety procedure that was supposed to be followedthat wasn’t or safety equipment that was supposed to bein place that either wasn’t there or didn’t work,” Robertssaid. “There was no water available to fight the fire becauseit was shut off. The hose couplings didn’t fit. Carbonmonoxide monitors were not installed. Ventilation planswere not being followed and ventilation controls were notbeing maintained.“This is yet another example of what happens whenupper management puts pressure on a mine to ‘run coal’before doing anything else,” Roberts said, referring to amemo Blankenship sent to Massey mines in the fall of2005 taking workers to task for not producing as muchcoal as he wanted.Terry Cottrell“Proper maintenance isn’t done in that kind of workingenvironment,” Roberts said. “Required safety equipmentis not put in place, and effective safety procedures inthe event of an emergency are not practiced or followed.When you put production ahead of safety, tragedies likethis are all too often the result.”Intimidating workers,ignoring labor lawsMassey has long been one of the most anti-union coal operatorsin America. That tradition continues today. UnderDon Blankenship, Massey has repeatedly been found inviolation of U.S. labor laws, yet that has not stopped thecompany from continuing to promote a climate of fearand intimidation among its workforce when it comes tounion organizing.When Horizon Natural Resources declaredbankruptcy in 2004 and closed its mines, Masseybought two of them, including the former Canneltonmine in Kanawha Co., W.Va. When Massey announcedplans to reopen the Cannelton mine under the newname of Mammoth mine, over 80 members ofL.U. 8843, who had lost their jobs in the Horizonbankruptcy, went to Massey and applied for their oldjobs back.They were experienced miners who knew the minewell and were prepared to go to work immediately. Butnone of that mattered to Blankenship or his company.Massey told nearly all the former Cannelton miners toget lost.12 May/June 2009 • United Mine Workers Journal

UMWA members and leaders confrontKanawha County, W.Va. sheriffs on the roadoutside the former Cannelton mine, nowMassey’s Mammoth mine, in 2005.Big mistake. The miners filed unfair labor practicecharges with the National Labor Relations Board (NLRB)against the company, saying that Massey was discriminatingagainst them because of their union membership.“These miners clearly were not hired because theybelonged to the union previously,” Roberts said. “Masseywanted no involvement with the union. Don Blankenshipeven testified during the NLRB hearings that unions aresomehow ‘bad for business,’ which is baloney. So Masseyjust outright discriminated against them because of theirunion status.”After weeks of hearings, a NLRB administrative lawjudge agreed, ordering Massey to hire the former Canneltonworkers and to begin negotiating with the UMWAfor a contract. But true to form, Massey refused to abideby the judgement and appealed the decision. That appealis still in process.Just recently, Massey added another chapter to itssorry labor-relations record. On Apr. 29, 2009, Blankenshipannounced that the company increased its revenueby 25 percent in the first quarter of the year. In almost thenext breath, he announced that the company would becutting wages and benefits for all Massey employees by anaverage of about 6 percent.A week later, Massey announced that all executives,including Blankenship, would be taking a 10 percentcut in their base pay, meaning Blankenship’s base salarywould be reduced to $900,000. No mention was made ofany other cuts company executives might take, such asthe bonuses, stock options and other compensation theyreceive each year, which drove Blankenship’s 2008 totalcompensation to $19.7 million.So in reality, the $100,000 cut in Blankenship’s 2009pay amounts to one-half of one percent of his total 2008compensation.A story not yet finishedThe final chapter of Don Blankenship and Massey Energyhas not yet been written, nor does it appear that it will befor some time. But this much is known: At a time whenthere is increasing scrutiny of coal and coal mining practicesby the public and by state and federal governments,Massey and its CEO are squarely in the limelight—for allthe wrong reasons.In Don Blankenship’s world, the coal industry shouldhunker down behind the Appalachian mountains and donothing but call names and make enemies. He somehowappears to think that if he can ignore the issues surroundingcoal and the future of coal, or if he says enough badthings about the politicians in Washington, then they willgo away and leave the coal industry alone.“That is a recipe for failure,” President Robertssaid. “It is absolutely critical that coal’s voice is heardin Washington, because if we’re not part of the discussion,we’ll be left behind. Don’s solution is to make thepoliticians do their worst and then try to gain somepolitical advantage from it. That won’t lead to a singleadditional ounce of coal being mined, or a single coaljob being saved.“The right way to do this is to get involved and standup for our industry in the halls of power,” Roberts said.“The UMWA is standing up for coal, and we’re standingup for coal jobs. That’s the right road to be on.” United Mine Workers Journal • May/June 2009 13

Trainingfor the futureOne of the jewels in our union’s crown is the UMWA Career Centers.As the nation’s coal industry workforce ages, the demandfor new miners is increasing. The Career Centers offer trainingprograms for new miners, as well as individuals who have been dislocatedfrom the mines.“The programs of the UMWA Career Centers fill an important rolein our nation’s economy, as well as being one of the many essentialservices we provide our membership,” said President Roberts. “By ensuringthat members receive the highest quality training available, theCareer Centers offer an important tool for helping members transitionto new careers while training new miners the right way.”The Career Centers havedeveloped partnerships with stateworkforce development offices,local workforce investment deliveryareas and other community agenciesto provide a seamless system toavoid duplication of services. Inaddition, “we have developed apartnership with the NationalInstitutes of Occupational Safetyand Health, the Mine Safety andHealth Administration, statemine enforcement agencies fromPennsylvania, West Virginia andOhio and the industry to providecutting-edge mine rescue teamtraining, responsible persontraining and command and controlexercises,” said Career CentersDirector Clemmy Allen.Efforts of the UMWA CareerCenters have included:• New miner training;• Dislocated Mine Workers andFamilies of Dislocated MineWorkers programs;• Outreach Crisis Program forYouths through the Office of JuvenileJustice;• Pennsylvania Department of EnvironmentalProtection feasibilitystudy and database project;• Capacity building study on theeffectiveness of local workforcedelivery systems;• TANF (Temporary Assistance toNeedy Families) Welfare Initiativegrant project;• Heavy equipment training school;• Industry Partnership grantproject; and• Coal Heritage grant project.The Career Centers have recentlyreceived grants to build a state-of-theartsimulated coal mine to be usedfor training new miners, for upgradingincumbent worker skills and forproviding safety enhancement andtask training for miners. Since theircreation in 1996, they have receivedgrants of more than $48 million fromstate, federal and private sources. Thatmoney has been put to good use byidentifying more than 25,000 dislocatedminers in the nation’s coalfieldsneeding specialized assistance fortheir return to the workforce. The CareerCenters have recruited 8,040 intocomprehensive career centers, trained4,369 and placed 4,434 dislocated coalminers in the workforce.For more information onUMWA Career Centers, Inc., emailumwacc1@earthlink.net or phone1-800-826-2338.Coalfield outreachA significant part of the union’straining efforts is the UMWA Trainingand Education Fund. Since thefund’s inception, it has awardedbenefits to 1,639 unemployed minersand 6,400 of their dependents. Thefund has also awarded benefits to7,462 dependents of active minerssince ratification of the 1993 NationalBituminous Coal Wage Agreement.For the 2008-2009 school year,the fund awarded benefits to 371applicants, of which one is an unemployedminer, 34 are dependentsof unemployed miners and 336 aredependents of active miners. Of the371 beneficiaries, 137 were new applicantsand 234 awards were madeto renewal applicants.Participants and beneficiarieshave attended 1,200 educationalinstitutions since the fund’s inception,of which 785 (64 percent) areacademic and 435 (36 percent) arevocational and technical facilities.Current participants are attending120 schools, of which 78 (65 percent)are academic and 42 (35 percent) aretechnical and vocational.As of Jan. 31, the fund paid inexcess of $55.7 million in benefits. Itcurrently has assets of approximately$20.1 million. 14 May/June 2009 • United Mine Workers Journal

John Paul “Zack” HreinsonJohn Paul “Zack” Hreinson getsaround. Two years after startingout in 1967 as a member of L.U.9958 at Bean Brothers Painting, oncontract to Kemper Steel, he movedto North American Coal’s Castlegate#2 as a member of L.U. 5861/1681.“I did everything there; belt man,running a shuttlecar, working on aminer,” the 42-year member said.He spent 18- 1 /2 years as a L.U. 6788member at Clear Creek, including 11years at the Valley Camp Coal prepplant, and as a member of L.U. 1769,he worked at Deer Creek, now EmeryWest. He retired two years ago.Today, the Helper, Ut., residentis a Teller, Door Man and COMPACCommittee member at L.U. 1769,as well as a Level 1 Organizer forDistrict 22, but that’s just the latestin a string of positions. Throughouthis more than 40 years of UMWAmembership, he has served at thelocal level as President, Vice President,Recording Secretary, Auditor,COMPAC representative and organizer,been on the Mine Committeeand Safety Committee, and has beenState COMPAC Secretary.“After Zack’s recent retirementfrom the mine, he helped us in Wyomingat the OCI organizing drive,and he helps me here at District 22on any project that helps organizedlabor,” said International District 22Vice President Mike Dalpiaz, whosefather, L.U. 1681 President LouisDalpiaz, was an early inspirationto Hreinson. “Whenever we needsomething done, Zack is the one Ialways call, and he never asks whatthe job is. He only asks, ‘What else isthere to do?’”“Zack has been active in hislocals for many years,” said Region 4Director Bob Butero. “He has helpedus during that time as a rank-andfileorganizer, and is very well-suitedfor that.”Dalpiaz said that Hreinsonrecently took on a part-time parksjob. “He told his employer whenthey hired him that he had to haveevery third Thursday off so he couldattend his local union meetings, andhe does.”“I always come out to all themeetings,” agreed Hreinson. I’vealways been very proud to be amember of the UMWA. Others say itdoesn’t make any difference if you’rein a union, but they’re wrong. Afterserving as an officer, you begin toget a broader picture of what theunion does. Too many people thinkActively 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.activelyretired“You can’t let the employers chip away at job securityand medical benefits, or you wind up withnothing when you retire.”it’s what the company gives you. Youactually get paid more than the dollarfigure in your paycheck.“My dad got me involved inmining,” he said. “He was a miner, aswas his dad. After he died, my momgot a partial pension. I can alwayssee how much better union workershave it.”In addition to the OCI drive lastDecember, Hreinson has been on organizingdrives in South Dakota andtwo in Carbon County, Ut. “We needto increase the size of our ranks,” hesaid. “You always become a strongerunion with larger numbers.”Key to bringing in new membersis explaining the union advantage,which is particularly compellingin coal mining. “Job security andkeeping their medical benefits; that’swhat I keep pressing on,” Hreinsonsaid. “You can’t let the employerschip away at that, or you wind upwith nothing when you retire. Thenthere’s job safety. One moment anaccident happens, and one secondlater, you’re trapped. We have to educatethe younger miners.” United Mine Workers Journal • May/June 2009 15

aroundour UnionPhil SmithFOLA’s foul playAn administrative law judgeApr. 16 ordered Fola Coal Co. tocease and desist from a wide range ofactivities intended to prevent workersat its West Virginia coal mine andprep plant from forming a union.The company filed an appeal June 2.The case was prompted by actionsdirected at Heath Coleman, aheavy-equipment operator whosesafety was jeopardized when hisradio was confiscated. “I’m a reclamationworker, so I’m out by myselfa lot and away from the equipmentwhere there’s a CB radio,” he said.“They issued radios to us as a safetyprecaution. I asked the foreman whyhe was taking away my radio, and hesaid, ‘They don’t feel you representthe company anymore; you representthe union.’”In his ruling, Judge GeorgeCarson II found that Fola hadengaged in unfair labor practices byprohibiting employees from workplaceconversations relating to theunion, prohibiting solicitation forthe union during non-working time,prohibiting distribution of unionliterature in non-working areasduring non-working time, warningan employee because of his unionactivities and warning an employeefor filing charges with the NationalLabor Relations Board.At a Mitchell Day Rally Apr. 1 inWaynesburg, Pa., to support passageof the Employee Free Choice Act,President Roberts, Secretary-TreasurerKane and AFL-CIO Secretary-Treasurer and UMWA PresidentEmeritus Rich Trumka pledged theirsupport to the Fola organizing campaign.“If you want to end povertyin the United States of America, putworkers in a union,” Roberts said.“If you want to put money in theeconomy and pay decent wages sopeople can buy cars and stoves andMiners from the Fola mine andtheir families joined with PresidentRoberts, Secretary-Treasurer Kaneand AFL-CIO Secretary-Treasurer andUMWA President Emeritus Richard L.Trumka at the UMWA’s Mitchell DaySolidarity rally in Waynesburg, Pa.everything else, put them in a unionand pay them union wages.”Beyond ceasing its illegal activities,Fola, a unit of Consol EnergyInc., was ordered to expunge Coleman’srecord of disciplinary noticesand to post at work sites a noticeinforming workers of their rights. Campaign for America’s FutureThe UMWA strongly supports the Campaign for America’s Future, aprogressive strategy center that provides significant support for importantunion initiatives.This year, the group is an important ally in the fight for passage ofthe Employee Free Choice Act and achieving comprehensive health carereform. Although the campaign got its start with seed money from severallabor unions, today it matches labor funds six times over with donationsfrom private donors and foundations.To find out more, contact Andrea Pagano at 202-955-5665, x103. David Kameras16 May/June 2009 • United Mine Workers Journal

aroundour UnionIn Memoriam Wilbert W. KillionThe UMWA mourns the passing of former InternationalVice President Wilbert Killion.“From the time he entered the mines in 1941as a member of L.U. 934, Brother Killion devotedhimself to our union and its members,” saidPresident Roberts. “Returning to work followingWorld War II as a member of L.U. 6822, he held anumber of leadership positions, and in 1956 waselected to represent District 8 on the InternationalUnion’s Executive Board, remaining on the Boardthrough District 8’s 1972 consolidation with District11. A veteran of numerous negotiating battles, hewas the International Vice President when he retiredin 1982. All of us at the UMWA deeply appreciateWilbert Killion’s many years of devoted service to ourunion. Our hearts and prayers go out to his familyand friends.”Secretary-Treasurer Kane added, “The gratitudeour members feel for Brother Killion was wellexpressed when he took the podium at our lastConvention. People who have devoted their entire livesto the labor movement deserve to be remembered,and Brother Killion will be remembered by UMWAmembers everywhere.” WorkersMemorialPresident Roberts joined much ofthe labor movement’s leadershipon Apr. 28 in dedicating a NationalWorkers Memorial honoring themore than 5,000 workers who arekilled on the job each year and themore than 50,000 who die from occupationalillness.“We just come to work here. Wedon’t come to die here,” Roberts saidat the groundbreaking ceremonyon the Silver Spring, Md., campusof the National Labor College(NLC). He was among several dozenparticipants who dedicated individualbricks to the project, each oneinscribed with the name of one ofthe fallen. Roberts heads the laborfederation’s Committee on Healthand Safety.Also on hand were AFL-CIOPresident John J. Sweeney, AFL-CIO Secretary-Treasurer Richard L.Trumka, NLC President William E.Scheuerman and newly appointedU.S. Secretary of Labor Hilda Solis.President Roberts withSecretary of LaborHilda Solis.“It is appropriate that we dedicatethis memorial at the NationalLabor College,” said Solis. “Not onlywill this calm and quiet spot serveas a gathering place to pause andremember the men and womenwho have lost their lives while pursuingtheir livelihood, but it willserve as a reminder to future laborleaders about the importance ofworkplace safety.”The Workers Memorial Dayactivities also included a special readingby NLC alum Eric Kaufman froma play he wrote about the 1911 Trianglefire, followed by a traditionalcandle-lighting ceremony honoringall fallen workers.One day earlier, the AFL-CIOissued its annual Death on the Job:The Toll of Neglect report, whichnoted that in 2007, more than 4million workers were injured and5,657 workers were killed due to jobhazards. Another 50,000-60,000 dieddue to occupational diseases. On anaverage day, 15 workers lose theirlives as a result of workplace injuriesand disease, and another 10,959are injured. David KamerasUnited Mine Workers Journal • May/June 2009 17

aroundour UnionPennsylvania Correctional OfficersDistrict 2, Region I and International legal staff conducted a trainingsession May 7 for correctional officers who work at the Cambria andSomerset counties, Pa., prisons. The covered subject matter included grievancehandling, Pennsylvania Labor Relations Board statutes, Weingarten rights andGarrity rights. Also included was a demonstration by the Cambria CountyPrison Correctional Emergency Response Team and the presentation of awardsby Secretary-Treasurer Kane. Mike Rogishhits 100Family, friends and UMWAbrothers and sisters gatheredApr. 25 to celebrate the 100thbirthday of L.U. 1248 memberMike Rogish. The 76-yearmember and Fairchance, Pa.,resident began working in themines in the 1930s, and togetherwith a fellow worker broke therecord for hand-loading at H.C.Frick’s Kyle Mine. He worked in avariety of mines, including ShoafMine, Emerald Coal and MapleCreek Mine. At the birthdayparty, International District 2Vice President Ed Yankovichpresented Rogish with all of hismembership pins, for which untilnow he had not applied.Editor’s Note: The UMW Journalis asking all members, familiesand friends of members toprovide us with informationregarding members whoseage has exceeded 100 years.Please send the information tothe address listed on page 2, oremail to journal@umwa.org. Secretary-Treasurer Kane presents Award of Valor plaques to correctionalofficers from Cambria and Somerset counties in Pennsylvania: (l-r) Paul Hay,L.U. 2007; Terry Mallory, L.U. 616; Jeffrey Barna, L.U. 2007; Secretary-TreasurerKane; Dan Link, L.U. 616; and Dave Regala, L.U. 616.Turn Around AmericaIn the struggle to achieve passage of the Employee Free Choice Act (EFCA),the AFL-CIO has established the “Turn Around America Media Fund.” Themonies raised through this effort are being used to counter the big bucks thatBig Business is deploying to distort the facts about union organizing.The UMWA is supporting this effort with funds and has released staff,and has asked local unions to lend their support as well. “The U.S. Chamberof Commerce, the radical right wing and corporations have already spentmillions of dollars, and stated they are willing to spend up to $300 million todefeat EFCA,” said President Roberts. “It is critical that the Labor Movementband together and raise enough money to let workers know what EFCA willmean to them and their families.”Contribution checks, made out to “AFL-CIO Secretary-Treasurer” andmarked “Turn Around America Media Fund” on the memo line, may besent to AFL-CIO, ATTN: Turn Around America Media Fund, 815 16 St., NW,Washington, DC 20006.To date, UMWA local unions and members have made a total of $27,063in contributions to this fund.“Secretary-Treasurer Kane and I want to thank the many local unionswho have contributed to this important effort for American workers,” PresidentRoberts said. “Their donations will help make a difference in getting the truthout about the need for this critical legislation.” Ron Bowersox18 May/June 2009 • United Mine Workers Journal

aroundour UnionBack pay for Head StartThe UMWA has secured a settlementfrom the Navajo Nationgovernment for back pay owed toHead Start workers under their currentcollective bargaining agreement.The $915,000 sum is being issued inindividual checks ranging from $500to $2,000, depending on length ofservice and job title.“I am delighted that these workerswill finally get the money theyearned and deserve,” said PresidentRoberts. “This action means that L.U.2005 members can move forward,dedicated as always to ensuring thatthe children of the Navajo Nation getquality early education, while at thesame time being fairly compensatedfor their efforts.”In April 2006, the federalgovernment shut down the NavajoNation Head Start program and cutits funding, preventing the tribalgovernment from meeting pay raisescontained in the workers’ contract.Although the UMWA worked withthe tribal government to revitalizethe program to serve Navajochildren, the union never stoppedpursuing the restoration of the backpay owed to the employees. Its effortsresulted in November 2008 negotiationswith Navajo Nation Head Startand the Department of Justice tohammer out an agreement.L.U. 2005 and the Head Startprogram are currently bargaining fora new agreement to replace the onethat expired last month but has beenextended until September 2009. Navajo Nation forEmployee Free Choice ActThe UMWA’s fight to gain passage of the Employee Free Choice Act(EFCA) has gained an important ally in one of its employers.In a letter to one of the Senate’s wavering Democrats, Jon Tester (Mont.),Navajo Nation President Joe Shirley, Jr., disputed the notion that all NativeAmerican tribes are opposed to the measure, which would level the playingfield for workers seeking a collective voice at work.“I would like to inform you that the Navajo people, through our tribalcouncil and leadership, not only support the EFCA, but years ago enactedsimilar legislation for Navajo Nation employees that grants automatic unioncertification upon proof of majority sign-up,” Shirley wrote. “Hopefully, withthe passage of this Act, workers will be able to enjoy the type of fair and justchoice of representation that certain Navajo Nation employees have today.”Shirley asked Tester not only to support the legislation but to sign up as acosponsor as well. United Mine Workers Journal • May/June 2009 19

ourhealth&safetyMountain State safetyThe West Virginia Office of Miner Health, Safetyand Training announced that it will expand itsinspection jurisdiction to include river coal-loadingfacilities that are connected to active mining sites.The agency noted that MSHA has jurisdiction overterminals where coal is “layer-loaded” onto barges ifthe terminal operator mixes, stores and loads coal,activities that are included in the Mine Act’s definitionof the “work of preparing coal.” The state’sposition is that when a barge is moored to a surfacefacility of a coal mine, it falls under its jurisdictionfor inspection.The state agency is also drafting new languagefor four new proposed rules/regulations on coal minesafety. Areas to be governed include the safety of thoseemployed in and around surface mines; the safetyof miners employed in and around river load-outs;surface areas; oil and gas operators operating on mineproperty; and contractors/construction workers employedin and around coal mine property. Wirelesscommunication andelectronic trackingsystem guidanceThe Miner Act requires that byJune 15, each coal mine operatorhave an approved emergencyresponse plan that includes a postaccidentcommunications systembetween underground personneland surface personnel via a wirelesstwo-way medium, and an electronictracking system that permits surfacepersonnel to determine the locationof any person trapped underground.Although approved electronic trackingsystems are currently available,a fully wireless communicationssystem has not been approved. Manyare in the developmental stages, andsome look promising. The UMWA’sDepartment of Occupational Healthand Safety has met with some of themanufacturers, and is encouragedthat wireless communications willsoon be a reality. Refuge alternatives forunderground coal minesMSHA’s final rule for Refuge Alternatives for Underground Coal Minesbecame effective Mar. 2. The new rule was in response to a directive ofCongress and the MINER Act requiring safety chambers after a series of minedisasters. The UMWA does not believe that the new rule meets the congressionalmandate in a number of areas. The union’s main concern is that the newrule will accept for a two-year period the use of refuge alternatives consistingof materials for the miners to construct their chamber in the event of an emergency.The agency’s acceptance of such materials does not provide quick andsafe refuge, as was intended by the legislation. The UMWA filed a legal challengeto this rule on Jan. 13, and a decision has not been issued to date. Information collection forcoal mine roof control plansOn Mar. 3, MSHA published a notice as part of its “continuingeffort to reduce paperwork and respondent burdens for informationcollection required in the mine roof control plans.” This notice wasin accordance with the Paperwork Reduction Act of 1995. Theproposal recommends elimination of certain requirements in theroof control plan and asks for evaluation of whether the proposedcollection of information is necessary for the proper performance ofMSHA’s functions, including whether the information is useful. TheUMWA’s Department of Occupational Health and Safety submittedcomments before the May 4 deadline.20 May/June 2009 • United Mine Workers Journal

ourhealth&safetyBlack LungMembers of the NationalCoalition of Black Lung andRespiratory Disease Clinics werein Washington, D.C., Feb. 25-26 toshow support for the S-MINER Act.The UMWA hosted a meeting of theOne of the many protectionsof the S-MINER Act includeslowering the respirable duststandard to one-half of thecurrent allowable level.Meanwhile, the West VirginiaBlack Lung Clinics held their annualconference this year in Pipestem,W.Va. Some of the discussions thattook place during the conferencewere implementation of medicalInspector hiringprogramMSHA continues to hire mineinspectors throughout thecountry. Interested personscan log onto MSHA’s websitefor job postings and detailson how to apply. Anyoneknowing of members past orpresent who may be seekingemployment should be notifiedand encouraged to applyfor these positions. Contactthe UMWA’s Department ofOccupational Health andSafety for further details orquestions at 703-208-7120.coalition and accompanied its membersto lobby Congress. One of themany protections of the S-MINERAct includes lowering the respirabledust standard to one-half of the currentallowable level. The Black LungClinic Program is in 11 differentstates, and is dedicated to qualitycomprehensive care for victimsof Coal Workers Pneumoconiosis,better known as Black Lung disease.The coalition’s annual conferenceis scheduled for Sept. 21-23 at theCampbell House Crowne Plaza inLexington, Ky. We encourage everyoneto attend if possible.and legal counseling and socialprotocols and mandates for thosewith pulmonary/respiratory diseaseand associative medical conditions;recent Department of Laborchanges and modifications onblack lung claims; an update onanalog/digital x-ray distinctions;how to help miners and widowsapply for benefits; mine safetyenforcement; the importance ofclean-coal technology; and howto better understand complex coalmine issues addressed under theMINER Act. Still no MSHAchiefAs of press time, the positionfor Assistant Secretary atthe Mine Safety and HealthAdministration remainsunfilled. The UMWA continuesto monitor the actions ofthe Obama administrationregarding this appointment,and supports Joe Main, formerAdministrator of the UMWA’sDepartment of OccupationalHealth and Safety, for thisposition. The post has beenvacant since Jan. 16.21 May/June 2009 • United Mine Workers Journal United Mine Workers Journal • May/June 2009 21

DISTRICTSin actionDistrict 2, Sub-District 26The annual Davis Day program washeld June 11 in New Waterford, N.S.After an ecumenical church serviceheld in Calvin United Church,wreaths were laid at Davis Square.Speakers included InternationalDistrict 2 Vice President Ed Yankovich,International Auditor/TellerBob Burchell, Nova Scotia LegislativeAssembly Member Frank Corbett andCape Breton Regional Mayor JohnMorgan. Music was provided by theMen of the Deeps.Davis Day is a UMWA holiday inCanada that marks the anniversaryof the 1925 murder of William Davis,who led a community protest againstthe local coal operator in New Waterford,which had shut down the town’sdrinking water and electricity in anattempt to break a strike.District 12On May 21, UMWA leadershonored three founding membersof the union’s Kentucky CoalMiners’ Political Action Committee(COMPAC) chapter.Ed Fair, Benny Dukes and MasonCaudill were honored for theirlifetime achievements in the UMWA’sKentucky COMPAC, as well as theirindividual contributions to theunion’s national COMPAC.“We are proud of their contributionsand years of service to themembership of the UMWA,” saidSecretary-Treasurer Kane. Kane presentedplaques to all three honoringtheir individual achievements.International District 12 VicePresident Steve Earle said the unionhas benefited greatly by the honorees’service. “Benny, Ed and Masonhave been a tremendous asset to theMatt Alley(l-r) BennieDukes,MasonCaudill,Ed Fair andSecretary-TreasurerKane.COMPAC program,” Earle said. “Allof their time, effort and dedicationhelped to make the program what itis today. All three are deserving of theawards they received today.”District 17District 17 and Region II staff presenteda check to the West VirginiaCoal Festival. Located in Madison,the festival is an annual event towhich the two union bodies havecontributed over the years. On June18, the festival will have a UMWANight, and we hope everyone comesout to show their support.We are still accepting applicationsfor the District 17 ScholarshipProgram. The deadline for applyingDistrict 12International District 12 VicePresident Steve Earle spoke atthe Miners memorial dedicationin Centralia, Ill., on Mar. 31. Thememorial was built to honor the111 miners who were killed atthe Centralia explosion and firein 1947.District 17L.U. 1569 President Mason Caudill presents a $1,000 donation toShepherd’s Pantry Ministry Director Pauline White on behalf of membersof L.U. 7425/1569. The pantry, which serves 378 low-income families ineastern Kentucky, leases space in the L.U. 1569 local hall for $1 per year.22 May/June 2009 • United Mine Workers Journal

is Aug. 1. Please contact the District17 office at 304-346-0341 for anapplication.District 20The District 20 Corps of Chaplains’ninth annual praise, worship andfellowship service will be held Aug.1from 12:00 noon to 3:00 p.m. at theL.U. 1867/1928/2133 Hall, 2501 15 St.,Hueytown, Ala. Special music will beprovided by the Steel City Quartet. AllUMWA members, families and friendsare cordially invited to attend thisyear’s worship service, which is dedicatedin loving memory of UMWAfallen heroes and their families.District 22L.U. 1307, Kemmerer Mine, Kemmerer,Wyo., celebrated its 100thanniversary as a chartered local of theUMWA on May 16. The local unionofficers did a great job on makingthis event a memorable one. Guestspeakers included President Roberts,International District 22 Vice PresidentMike Dalpiaz and WyomingState AFL-CIO representative KimFloyd. A letter of recognition fromthe Wyoming Governor was also readaloud to the crowd.Robert Clarke, L.U. 1307 President,started off the event by givingrecognition to the past and presentofficers and handed out awards tomembers. There was a huge turnoutfor this event, including retirees, widowsand working members and theirfamilies. All who attended had a greattime. The local union was presentedwith a plaque from President Robertsand Vice President Dalpiaz for itsunrelenting devotion to the fight forworkplace justice and the safety andwell-being of its membership for thepast 100 years. “Local Union 1307 hasalways been one of the strongest andmost supportive locals in District 22history,” Dalpiaz said.L.U. 1307 would like to thankall of those involved in making thisevent so special. They would especiallylike to thank L.U. 717, RemingtonArms Co., for the two custom-madeguns that were purchased and raffledoff. Also, a special thanks goes outto member Elbert Harmon, his wifePresidentRobertsspeaking atthe L.U. 1307celebration.Honoring Our Pensioners70 Year Pins District 17 L.U. 7635 Ellis JohnsonDistrict 20 L.U. 6855 Lynn Wideman District 31 L.U. 2262 Nick YonyonL.U. 4172 Willis McCartneyDISTRICTSin actionJody and mother-in-law for the spectacularhandmade quilt they madeespecially for the raffle.UMWA District officials recently honored the following retirees for theiryears of service as members of the UMWA.60 Year Pins District 2 L.U. 6986 Donald McKnightDistrict 12 L.U. 1487 Stanley Wyskiel L.U. 1545 Ransaum Vaughn L.U. 5138Richard Johnson District 17 L.U. 1509 Eugene W. Hite L.U. 6633 Jess CrouseL.U. 7086 Salvatore Auricchio District 31 L.U. 1444 Howard Nethken L.U. 6362 Mike Berakis50 Year Pins District 12 L.U. 1605 Sidney Heady L.U. 1907 Kenneth Ingram L.U. 2216 HobartBrown, Jr. L.U. 5138 Billy G. Lee L.U. 9819 John M. Kirkendoll District 17 L.U. 0340 Grover Adkins L.U. 1582Ben Workman District 20 L.U. 1288 Donald Blaylock, John Chappell, Jimmy Parks, James Umphrey, BillWilliams L.U. 6855 Robert E. McDaniel District 22 L.U. 9856 Arthur Roybal District 31 L.U. 1570 LarryBroadwater L.U. 9909 Lemon Cowger40 Year Pins District 2 L.U. 1197 George Kokoska L.U. 2300 Harry Carr, William W. EllsworthDistrict 12 L.U. 1410 James E. McDaniels L.U. 1545 Robert W. Boles, Charles D. Peterson, Jack L. Russell,Danny C. Sample, Tedy F. Thompson L.U. 1740 Roy W. Dunn L.U. 1820 Gable W. Lively L.U. 1907 Ralph W.Downing, Thomas R. Rogers L.U. 5138 Lawrence W. Wagner L.U. 5179 Earl E. Miller L.U. 9653 Earnest D.Faulk, Donald W. Moore L.U. 9800 Michael Galyen L.U. 9819 Steve Pallai, Robert J. Wagner District 17L.U. 1503 Calvin C. Ballard, Jr. L.U. 1509 Wilson Allen, James Compton, Garland E. Palmer L.U. 1971Emil L. Canterbury, Jr. L.U. 1976 Stanley Smith L.U. 6025 Warren Richardson L.U. 8843 Kenneth WhiteDistrict 22 L.U. 1332 William W. Fry L.U. 9856 Frank Colangelo District 31 L.U. 1188 Noah V. RaberL.U. 1570 George Sanders L.U. 1604 David Hooper, Dale Yerian L.U. 1638 John L. White L.U. 4047 LindseyGilbert, Jr. L.U. 9909 Jack TuckerUnfortunately, due to the numbers of members receiving pins, the UMW Journal cannot run photos of pinrecipients. In order to receive a membership pin, you must submit an application to the District office. Pinsare not automatically issued. Your district representative will send the names to the UMW Journal.United Mine Workers Journal • May/June 2009 23

Printed in the U.S.A.UMWA Benefits Services FundLegal services for UMWA members,retirees, widows and their familiesThe UMWA Benefits Services Fund has contracted with legal firms around thecountry to provide legal services to UMWA members, retirees, widows and theirdependants. These firms offer prompt services on a contingency or reduced-feebasis in the following areas:• Workers’ compensation• Civil litigation• Federal and state Black Lung • Wills and estates• Social Security disability• Property transfers• Unemployment claims• Other litigation• Personal injuryIf you or a family member needs legal advice, the UMWA strongly urges you to contact oneof the firms nearest to you and make use of your UMWA Benefits Services.District 2 Pawlowski, Bilonick & Long 814-472-7046 or toll free at 877-472-7046District 12 Culley and Wissore 618-268-4138 or toll free at 800-817-5810District 17 Pyles, Turner & Mick 304-752-6000District 20 Nakamura, Quinn, Walls, Weaver & Davies 205-870-9989District 22 Wilderman & Linnett (primarily black lung cases) 303-758-5562Cannon & Marsh (primarily SS and black lung cases) 801-322-2121 or toll free at 800-732-2323King & Burke 801-424-9675 or toll free at 888-209-5578Edwards, Fricle, Anner-Hughes & Culver 406-256-8155Taylor & Associates 602-254-1977 or toll free at 800-358-2287Solberg, Stewart, Miller & Tjon 701-237-3166 or toll free at 877-237-3166Dorato and Weems 505-314-8880 or toll free at 866-547-4700District 31 Bailey, Shultz, Oldaker & Greene 304-269-1311Lancione & Lloyd 740-676-2034Not all offices will offer all the services listed above, and some will offer additional services.Call them to find out how they can help you, and to get the best rate,make sure to tell them you’re with the UMWA.