Faith and Justice

As Mine Workers and their supporters prepare to descend on St. Louis Tuesday to again raise their voices outside the federal courthouse, they are bolstered by a new report by religious leaders that finds the miners’ battle against Peabody Energy, Arch Coal and the bastard child Patriot Coal to be right and just.

And they are heartened by their own sense of faith and hope that justice will be served – if not by the ruling by the bankruptcy judge sometime before May 29, then in the federal court in Charleston, W.Va., where the United Mine Workers of America has sued the coal companies for violating federal law, or in the U.S. Congress, where relief legislation has been introduced in both the Senate and the House.

But there are huge mountains to climb to preserve the health care coverage for coal miners and their retirees, and nobody knows that better than the union that has been fighting for the rights of these energy pioneers since 1890. It’s no secret that corporations increasingly are using the bankruptcy courts to dump retiree benefits.

“This has happened to steelworkers, airline workers, bakery workers, glass workers and now mine workers,” said Mike Caputo, a UMWA vice president and majority whip in the West Virginia House of Delegates. “Enough is enough. It’s time to take a stand.”

The stand by the Mine Workers has galvanized support not only from the labor movement, but also from consumer, civil rights, environmental and religious organizations. On April 29, at the last rally in St. Louis, UMWA President Cecil Roberts was joined in civil disobedience, and arrest, by 15 supporters that included CWA President Larry Cohen, National Consumers League Director Sally Greenberg, and Van Jones, executive director of Rebuild the Dream and a former Obama aide.

The support from the religious community has been consistent throughout the campaign, reflecting the fact that churches are the bedrock institution of mining communities throughout Appalachia and along the Ohio Valley, where Peabody and Arch have hauled away their fortunes.

Image

Mine Workers and their supporters bow their heads in prayer during a candlelight vigil outside the federal courthouse in St. Louis April 29.

Two of the Mine Workers interviewed by the religious groups in their report, “Schemes From the Board Room,” released May 1, are also Free Will Baptist preachers, and they portrayed the dire straits faced by their coworkers in starkly religious terms.

“The Lord may have called me to open my big mouth,” said David McCloud, who retired from a Peabody mine. “Peabody defrauded workers at their mines. They made promises they didn’t mean to keep. They oppress the poor and working people. I know we are supposed to depend on the Lord to provide, but sometimes we need to speak out and do something ourselves.”

Another miner-preacher speaking up was Elbert Collins Jr., who noted, “Ninety-five percent of our church members are miners. Thank the Lord for life and health benefits. But now we’ve come to a time of crisis.” His wife is on the wait list for cancer treatment, Collins said. “If we didn’t have a health care, the bills would overwhelm us.”

The fact-finders heard from Shirley Inman, a diminutive woman who left a well-paying job in Chicago to return home to West Virginia to work in coalmines because of the guaranteed health care benefit. She worked for Arch for nearly 30 years as an equipment operator but was forced into retirement by injuries to her spine and neck. “A cancer survivor, she is now experiencing spinal deterioration and other health problems, and relies on multiple prescriptions,” the report stated.

The rigors of coal mining has been on display at the rallies in St. Louis and Charleston, as some marchers carried oxygen equipment and others were consigned to wheel chairs as they struggled to breathe through the ravages of black lung, the scourge of coal miners. “People know that coal dust is bad, but they tend to overlook it to keep bread on the table,” Dr. Dan Doyle of the Cabin Creek (W.Va.) Health System told the fact-finders.

It’s not just mining families but entire communities that stand to lose if the courts allow Patriot to walk away from some $1.5 billion in health care liabilities, benefits promised to the miners. Brian Sanson, the UMWA Health and Retirement Fund liaison and the union’s director of research, said coalfield communities could lose $1.3 billion a year in pension and health care dollars.

“In 2012, Patriot and the UMWA Health and Retirement Funds provided health care payments that totaled over $320 million to West Virginia, $107 million to Kentucky, $58 million to Illinois and $33 million to Indiana,” Sanson told the religious fact-finding mission. “The retirees, widows and dependents do not have the financial means to pay for these benefits.” Most would be forced into personal bankruptcy or forced onto welfare rolls, he said.

Image

Religious Leaders for Coalfield Justice and Interfaith Worker Justice held hearings at St. Agnes Catholic Church in Charleston, W.Va., back in March, producing this report.

Of the 10,633 families receiving retiree health benefits from Patriot, 90 percent never worked a day for Patriot or Magnum, which Patriot absorbed from Arch, Sanson said. “Clearly, the primary motivation behind the Arch/Magnum transaction and the Peabody/Patriot spinoff was to avoid the liabilities to its former employees.”

The report, produced by Interfaith Worker Justice and Religious Leaders for Coalfield Justice, accuses Arch and Peabody of abandoning coalfield communities and their own families — people who have built their companies — for the sake of misguided notions of economic freedom. Quoting Psalms, the religious leaders urge people of all faiths to “stand with mine workers, their families and communities as they seek a just solution to their plight. And we invite prayers for them, as well as for owners and managers of Arch, Peabody and Patriot.”

You can read the full report here.

Meanwhile, miners continue their demonstrations to dramatize the unfairness of the scheme by the giant coal companies to steal their benefits, maintaining their faith in the U.S. justice system. They also are working to make sure that Congress gets the message. The Coalfield Accountability and Retired Employee (CARE) Act, sponsored by Sen. Jay Rockefeller in the Senate and by Rep. Nick Rahall in the House, would extend the federally guaranteed welfare and retirement system for coal miners and their dependents, in place since 1946.

The CARE Act would shore up the UMWA 1974 pension plan, undermined by the 2008 recession, and give union retirees who lose health care benefits because of company bankruptcy eligibility for the 1992 benefit plan and hold employers accountable for contributions.

For the time being, the campaign is playing out in the streets of St. Louis, but it will not stop there. Capitol Hill looms on the horizon. Federal Courts, the Congress, the President. The Mine Workers are prepared to leave no stone unturned in the search for justice. They say faith moves mountains.

If you can’t be in St. Louis tomorrow, you can follow the rally via live stream here.

Roll Away the Stone

Over the past several months, Mine Workers have marched in the streets of St. Louis to protest Peabody Energy abandoning its former employees. On three occasions, miners have locked hands in the streets in a boisterous nonviolent protest, singing “Amazing Grace” as they waited to be arrested.

Image

United Mine Workers President Cecil Roberts greets the thousands of supporters rallying in St. Louis March 19. Expect a moving speech in Charleston April 1.

Invoking the words of Jesus and passages of scripture, they have asked why courts would allow workers to be persecuted, denying them the benefits they were promised. They are asking for fairness. They ask: If we allow corporations to use the bankruptcy courts to dump retiree pensions and health care, what kind of society are we?

The question will be raised again on Monday, April 1 in the streets of Charleston, W.Va., with more than 5,000 miners and their supporters rallying outside the downtown headquarters of Patriot Coal, the shell company that was created by Peabody and Arch Coal to take over their obligations to employees, and then fail.

I’ll be there and blogging live via http://fairnessatpatriotnow.blogspot.com/, and posting here about the rally later in the week. You can get more details at http://www.fairnessatpatriot.org, and at Fairness at Patriot on Facebook.

So much is at stake, not only for retirees and their families, and for active miners and their communities, but also for every retiree depending on company-provided health care and pensions. Too often in recent years, companies have sought to dump these obligations through the bankruptcy courts. It’s in everyone’s interest that we stop it here.

The Mine Workers are taking a valiant stand, invoking not only history but also a Christian spirit that they argue should infuse the court’s deliberations. This is about fairness, about human dignity, about respect for family and hard work. This is about faith, perhaps even resurrection for struggling mining families.

The Mine Workers have come home to Charleston, seat of the bustling coal mining industry for nearly a hundred years, to state this case clearly. West Virginians understand the sacrifices that coalmine families have made to support mining in Appalachia, to build prosperous and promising lives.

Listen to these stories, sung so well by Tom Breiding of Pittsburgh, about the fight for fairness against Peabody and its agents:

Fairness at Patriot

Peabody Energy today got a first taste of what promises to be an intense in-your-face confrontation with the United Mine Workers, the first day of hearings in the bankruptcy of Patriot Coal, a company Peabody spun off to offload its union operations – and pension and health care obligations for thousands of retirees and their families.

Image

Cecil Roberts, third from left, leads miners in singing “Amazing Grace” as they prepare to be arrested in front of Peabody headquarters in St. Louis. (Photo by Mike Elk)

United Mine Workers President Cecil Roberts led hundreds of active and retired coal miners in a rally across from the federal building where the court hearing was in session, and then in a march to Peabody headquarters where he and nine others were arrested for sitting in the street and refusing to disperse.

Most of the miners and retirees whose benefits are at risk in the bankruptcy never worked a day at Patriot, but were victims of the double-breasting practices of Peabody and Arch Coal, which also dumped its union operations on Patriot. The UMW charges that Peabody created Patriot specifically to rid itself of the legacy costs, and that Patriot was built to fail.

“What we have here is a company reneging on its promises,” Roberts said of Peabody. “We’re not going to take it. We will fight for our members and their families in the courts, in the coalfields and in the streets of St. Louis. Patriot and Peabody have a moral obligation to those who mined their coal.”

The UMW live-streamed much of the rally and march from St. Louis, and also live-blogged at the event, which had the flavor of old-fashioned mass demonstrations and street theater. Roberts vowed the union would continue to hammer away at the companies in the court of public opinion.

Before marching to Peabody headquarters, Roberts called to the stage the nine other mine workers who he said were committed to go to jail, two of whom had oxygen tanks strapped over their shoulders. One was on oxygen 24 hours a day, several had black lung disease, and one was a Vietnam veteran with Agent Orange poisoning.

Image

A retired miner with an oxygen tank sits handcuffed in the paddy wagon before being hauled away to jail for civil disobedience. (Photo by Mike Elk)

Roberts, who speaks with the passion and rhythm of an evangelical preacher (“Jesus was an organizer,” he declares), read from the Bible to chasten Peabody and Arch managements, urging them to pray to understand the error of their ways, and to repent. He called for a moment of silence for those in hospice “who will not see the morning come,” others with lung, heart and blood problems, “who without their medicines will not live.”

“I urge the people at Peabody to think about what they are doing to them,” he said. “We march for them, and ask God’s guidance in returning everybody to their homes and the strength to return here again, and again and again and again.”

The union had bused in the miners and retirees from the mining towns throughout southern Illinois, Indiana, Kentucky and West Virginia, where most of the Patriot mines have closed down. And it has been hammering its message about corporate greed and community abandonment in two TV ads that have been airing this month in the St. Louis area, as well as billboards in prominent areas.

For more information about the coal companies’ shakedown of miners, check out my previous blogs here, here and here.

And stay tuned. As Roberts said, the miners will be back. And they won’t back down.