Getting It Together

What does it take to get Democrats and Republicans to work together? Apparently all that’s needed is a recognition that they must act – because people are hurting and they’re yelling and screaming about it. Better to work out a deal than be tossed out on your ear on Election Day.

ImageThat’s a cynical view, and I still applaud the 19 members of the House that agreed to sponsor or co-sponsor HR 2918, the Coal Healthcare and Pensions Protections Act of 2013. That’s a good piece of legislation that should become the basis for law, helping Mine Workers and their families stay alive, essentially. And the United Mine Workers of America have made sure that Congress gets the message with a vigorous public education campaign over the past eight months.

The bill’s supporters are eight Democrats and 11 Republicans, most from the coalfields of West Virginia, Pennsylvania, Kentucky, Ohio, Indiana and Illinois. Democrat George Miller of California also signed on to the bill because he is a labor champion who would not pass up the opportunity to support families in dire need of health care benefits promised for a lifetime of work underground, at risk of life and limb.

Most of these miners worked for Peabody Energy or Arch Coal, but those companies managed to dump their health care obligations onto a spin-off company, Patriot Coal, that may have been created by Peabody to fail. Thousands of Mine Workers and supporters rallied in Kentucky Rep. Ed Whitfield’s front yard, the Henderson County Courthouse, back in June to assail a bankruptcy judge’s decision that would give Patriot carte blanche to dump benefits and abrogate current contracts.

Congressman Whitfield was attending to the funeral of his father that day, but he sent an aide to pledge his commitment to introduce legislation to protect those benefits. His promise served as an opening to craft this bipartisan bill, which resembles a bill sponsored in the Senate by Sen. Jay Rockefeller, (D-W.Va.). This one, however, is bipartisan, a rare commodity in Washington politics, giving Rep. Nick Rahall, a West Virginia Democrat, good reason to sponsor both bills.

“This effort is about standing up for coal miners, their widows, and our coalfield communities,” Rahall said.  “After a lifetime of labor, they have earned the right to retire and live in dignity and I refuse to stand idly by as our miners see the benefits they earned over a lifetime eroded by forces beyond their control.”

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Some 5,000 Mine Workers and their families gathered in heavy rain in Fairmont, W.Va., last month to urge Peabody Energy and their elected representatives to do the right thing.

West Virginia Republicans David McKinley and Shelley Moore Capito are co-sponsors of the bill, as are Kentucky Republicans Whitfield and Andy Barr. Five Republicans from Ohio also signed on.

The eight Democrats are spread across seven states, including Missouri, where William Lacy Clay Jr. is upholding the fine Missouri Clay tradition of his father, the great Rep. Bill Clay, who championed workers as chair of the House Education and Labor Committee.

For the most part, however, all these legislators have a single common interest. Mine Workers and their families and friends and allies in the labor and religious communities are a core constituency, a single-minded and committed group of voters who do not forget.  They are a powerful political force.

The Mine Workers have mobilized thousands of members, dressed in camouflage or militant T-shirts, virtually camping out in front of Peabody’s headquarters in St. Louis over the past six months, using billboards and TV and print ads to punctuate the frequent rallies. More than 10,000 miners and allies rallied outside Patriot’s West Virginia headquarters in Charleston, W.Va.

But that is in the coalfields, a natural audience for the UMWA message. Now the voices of miners and their struggle must be amplified to reach the population and financial centers of America, to make their case to an audience that doesn’t really get coal, or the human costs of mining. 

In a sea of 435 members of the House of Representatives, 19 hardly make a ripple.  But that’s how every movement begins. Eventually, with a little agitation, we can make a splash. For this Congress, it may take a full immersion.

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.

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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.

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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.