March 10, 2005

United Mine Workers of America International President Cecil Roberts Thanks Sen. Arlen Specter And Other Key U.S. Senators For Trying To Get Coal Act Amendment Attached To Federal Bankruptcy Legislation Amendment Would Have Clarified Why Coal Act Supersedes Bankruptcy Judge's Decision, While Also Preventing More Coal Operators From Abusing The Bankruptcy Process

United Mine Workers of America (UMWA) International President Cecil Roberts today praised U.S. Senator Arlen Specter's (R-Pa.) effort last night to attach an amendment important to America's coal miners to a broader piece of legislation being debated to overhaul America's bankruptcy laws.

The amendment was modeled after legislation introduced earlier this year by Sen. Jay Rockefeller (D-W.Va.). It clarified how the 1992 Coal Act contained a promise to UMWA coal miners of lifetime health care benefits, and how the legislation was intended to prevent coal operators from being able to walk away from their obligation to pay for their retired miners' health care benefitsBincluding through the bankruptcy process. The need for such an amendment was created in August, 2004, when a federal bankruptcy judge's ruling allowed Horizon Natural Resources to terminate its Coal Act obligations to some 5,000 UMWA active and retired miners and their dependents. The amendment had already received strong support from several other coalfield senators, including Sen. Robert C. Byrd (D-W.Va), Sen. Richard Durbin (D-Ill.) and Sen. Barak Obama (D-Ill.).

Unfortunately, however, a few senators refused to allow the amendment on procedural grounds, prompting anger from Roberts and the UMWA.

"The UMWA is extremely frustrated and angered that this very important amendment was prevented from being attached to the federal bankruptcy overhaul," said Roberts. "The language was a natural fit for the bankruptcy legislation and should never have been tossed out for procedural reasons." He continued, "The Coal Act is a federal law, and every U.S. Senator should certainly understand that one judge's decision cannot be allowed to supersede the laws Congress creates. This amendment directly addressed that issue, and it should have been included in the larger bill. I guess some members of Congress just aren't that concerned about workers' issues as they apply to our nation's bankruptcy laws. That concerns UMWA members, and I'm quite sure it will also concern many more American workers."

Roberts thanked Sens. Specter, Rockefeller and all other supporters for their help, promising to continue working with them to get the amendment passed in some way, shape or form.

"This fight is far from over," promised Roberts. "The UMWA will continue to work closely with our friends in Congress to ensure that coal operators can no longer use the nation's bankruptcy courts to break their promises. We also believe this amendment could serve to pave the way to ensuring other working Americans are able to get a fair shake in bankruptcy court."

January 25, 2005

United Mine Workers of America International President Cecil Roberts Praises Today's Re-Introduction of Legislation in the U.S. House and Senate That Would Prevent More Coal Operators From Terminating Miners' Promised Coal Act Benefits By Declaring Bankruptcy

Legislation Prompted By What Happened last Year in Federal Bankruptcy Court to Thousands of Horizon Natural Resources Coal Miners and Their Dependents

United Mine Workers of America (UMWA) International President Cecil Roberts is praising today's re-introduction in the U.S. House and U.S. Senate of legislation targeted at preventing coal operators from using federal bankruptcy laws to terminate federally promised lifetime health care benefits to the miners they employ. The legislation was prompted by an Aug. 31 ruling in federal bankruptcy court in Lexington, Ky., that allowed Horizon Natural Resources to terminate the health care benefits of some 2,000 retired miners and their dependents covered under the federal 1992 Coal Act.

Rep. Nick Rahall (D-W.Va.) and Sen. Jay Rockefeller (D-W.Va) both re-introduced their bills today, as is required when a new session of Congress commences. Each had introduced similar legislation in their respective bodies in November 2004.

"The UMWA is very thankful that our friends in Congress are once again working with us to rectify the travesty of justice that occurred last year in Lexington," said Roberts. "One of the primary reasons Congress passed the Coal Act in 1992 was to prevent coal operators like Horizon from being able to walk away from their obligation to provide lifetime health care benefits to the miners they employed-through the courts, through bankruptcy, or by whatever means. The principal focus of Rep. Rahall's and Sen. Rockefeller's legislation is that bankruptcy law-or any other law for that matter-should not be allowed to supercede the Coal Act. Hopefully, their bills will help confirm Congress's intent to the courts, which would be a huge help to our campaign to prevent any more Horizons."

Rep. Jerry Costello (D-Ill.), whose congressional district is home to many displaced and wronged Horizon miners and retirees, is already on board as a co-sponsor of the House legislation.

Roberts reminded that the UMWA continues to pay for the health care of all the displaced Horizon miners and that it will do so through March 2005.

"The UMWA is spending millions of dollars to provide our Horizon members with a temporary cushion during this very difficult time," said Roberts. "It is the right thing to do, but the fact of the matter is the Union should have never been put in this position. Congress promised miners lifetime health care benefits-as did Horizon-and it remains up to Congress to see that the funding is there to fulfill its promise."

He continued, "The UMWA is already mobilizing our members for a full-scale grassroots lobbying effort in support of the Rahall/Rockefeller legislation. We intend to remind every member of Congress-new and old, and particularly in America's coalfields-about the promise made to coal miners more than 50 years ago."

United Mine Workers of America International President Cecil Roberts Praises Website That Educates People About Unjust Federal Bankruptcy Laws and Urges Reform

United Mine Workers of America (UMWA) International President Cecil Roberts is praising a newly created website (www.reformbankruptcylaws.com), which educates people about America's unjust federal bankruptcy laws and includes a link where people can sign a petition to Congress, urging reform of the laws. The site was created by a group calling itself "Citizens United to Reform Bankruptcy Laws," which was founded by Matt Alley.

"The UMWA applauds the creation of this very useful tool, and we will encourage everyone to log on to read the material and sign the petition," said Roberts. "It is good to know that there are people out there who feel as strongly as we do about how unjust the bankruptcy judge's ruling was to our Horizon members. But, like us, they also know it is not only coal miners who are being adversely impacted by our nation's unjust bankruptcy laws, but also airline workers and steelworkers America's bankruptcy laws need to be reformed, and this website provides an excellent way for people to educate themselves about the issue and let Congress know how they feel."

August 9, 2004

United Mine Workers of America International President Cecil Roberts Blasts Today's Decision by a Federal Bankruptcy Judge to Strip Horizon Natural Resources Miners of Their Contracts and Health Care Benefits

United Mine Workers of America (UMWA) International President Cecil Roberts today blasted an Aug. 6 (released this morning) decision by William Howard, a federal bankruptcy court judge in Lexington, Ky., to grant a request by Horizon Natural Resources to void its contracts with the union and cancel health care benefits for thousands of active and retired miners.

"What a complete and utter travesty of justice," fumed Roberts. "If this decision doesn't cause America's working families to start looking around at who is running this country–and which direction we are headed–then I fear for our nation." He continued, "These workers did absolutely nothing wrong. They worked hard, did what was expected and accepted lower wages for the promise of health care, but look where that got them. They've been left high and dry. No health care and no job rights. It is past time for working people to start fighting back and joining together to reform the nation's extremely biased bankruptcy and labor laws. As I've said often in the past several months, the UMWA stands ready to help lead this fight."

Phil Hepp, L.U. 9055 president at Horizon's Old Ben cleaning plant in Illinois, said he and his co-workers are livid about the decision.

"We thought this company would treat us right," explained Hepp. "Then they go and hide under the shield of America's bankruptcy laws and screw the workers. Are we angry about that? Damn right we are. Most of us are in our late 50s. Where are we going to turn for health care?"

L.U. 8843 member Dwight Siemiaczko, who works at Horizon's Cannelton mine near Charleston, W.Va., seconded Hepp's comments, saying, "These bankruptcy laws are completely out of hand. I'm hopeful that what is happening to us will spark a national movement to reform America's bankruptcy laws. Working people across the nation must join this fight."

Roberts said the UMWA will appeal Judge Howard's decision to the U.S. District Court in Lexington.

"I promised every Horizon worker that the UMWA would explore every legal avenue available," said Roberts. "At first, to prevent this injustice, but now to rectify it."

Prior to the judge's decision, thousands of UMWA Horizon workers and their supporters rallied twice–June 30 and July 20–outside the federal bankruptcy court in Lexington. Roberts, who testified in front of the judge at a July 20 hearing–passionately trying to explain the economic hardship an adverse decision would cause–thought if the UMWA could put a human face on the issue by rallying outside the courthouse, that maybe the judge would do the right thing.

"The UMWA understood what bankruptcy courts are doing to workers throughout the country," said Roberts. "We witnessed it firsthand last year when Bethlehem Steel abandoned its retirees in bankruptcy court. We thought if we could personalize the issue and make the judge hear our calls, that maybe he might rule in our favor. Sadly, our actions did not end up changing his mind, but I applaud everyone who came to the rallies for their dedication and willingness to fight for what is right. Trust me, this fight is not over yet."

The UMWA estimates that some 800 active Horizon workers and more than 2,300 Horizon retirees will be immediately impacted by Judge Howard's decision.

Roberts noted that nearly half of Horizon's retirees are covered by the Coal Act, a federal statute designed to protect health care for miners who retired prior to October 1, 1994.

"Now that the judge has ruled that Horizon is no longer obligated to provide Coal Act benefits, the UMWA 1992 Benefit Fund should step in to continue providing lifetime health benefits to our eligible retirees. The benefits of those Horizon miners who retired–or were still working–after October 1, 1994, will not be terminated until the sale of properties is complete and the bankruptcy plan is confirmed, which at the earliest would be August 31."

Cecil E. Roberts International President, United Mine Workers of America

Working people need a break also

The United Mine Workers of America takes great offense at the simplicity of the view articulated in an Aug. 23 Daily Mail editorial entitled, "Surviving Beats Folding: Horizon miners may yet come out of this all right."

The author of the piece believes that Horizon Natural Resources coal miners, including thousands of UMWA miners and their dependents, should be thankful that our nation's bankruptcy laws have provided them an opportunity to possibly continue working. I say "possibly" because the new owners have not guaranteed anything to these workers.

In exchange for the chance of future employment, the writer would have Horizon miners see the glass as half full and not half empty, or find the silver lining in this tragic storm cloud. After all, the writer says, the miners have "survived to fight another day."

What complete hogwash.

This is the type of thinking that corporate America wants business-leaning media nationwide to continue pounding into the heads of working people. To them, the message is simple:

C'mon, working people. Don't dwell on the negative. Just be happy your workplace might survive.

So what if you were promised lifetime health care in contract after contract. So what if -- again, in contract after contract -- you surrendered higher pay and accepted lesser benefits for the promise of lifetime health care and were promised the right to a union job if the company was ever sold.

So what if many of you are now getting up in age and suffering from chronic, high-cost medical problems like black lung disease.

And so what if the federal government itself promised you lifetime health care benefits.

Forget about all that and just be happy you might still have a job to go to. Granted, it may not be a job that rewards you with the same level of compensation or protection you once had, but it's a job and isn't that good enough?

Don't question it. Just suck it up and toe the line. Be good little workers.

Not surprisingly, America's extreme right wing employs a similar technique when it labels those who do not support the way President Bush has handled the war in Iraq as "unpatriotic" or "anti-American." Do not question our president. Just blindly accept that what he is doing is best for you and all Americans.

A similar message is being articulated by this editorialist. Do not question our nation's bankruptcy laws. Accept that when the banking industry was helping pro-business members of Congress write the laws, they were looking out for working people, too

Give us a break.

Corporate America -- and I have to think the writer of this editorial -- would love to see the Horizon miners and all other workers simply roll over and accept the cards they have been dealt.

If that were to happen here and elsewhere, maybe American workers would soon begin to accept the same fate as workers in many Third World nations, where worker complaints about low pay, no benefits and unsafe working conditions are often met with a "just be thankful you have a job" response -- or in extreme cases, imprisonment or death.

I am here to tell you that the UMWA and the American labor movement have fought too long and too hard to allow this to happen in the United States. That is why the UMWA is committed to leading the fight to reform our nation's bankruptcy laws -- and our labor laws.

We live in a democracy, and that is what makes America great. We have the right to voice our dissatisfaction and fight to remedy injustice.

That is exactly what the UMWA will continue to do because, in our opinion, it is not that the Horizon miners have survived to fight another day, but rather that they have instead been sentenced to a slow economic death.

United Mine Workers Of America To Rally Again Outside Lexington, Ky., Federal Bankruptcy Court Sale Of Horizon Natural Resources' Assets To Be Confirmed By Judge William Howard At August 31 Hearing

UMWA International President Cecil Roberts Vows To Turn Up Political Heat

When federal bankruptcy Judge William Howard officially confirms the sale of Horizon Natural Resources assets to financier Wilbur Ross and other successful bidders in his Lexington, Ky., courtroom at 10:00 a.m. on Aug. 31, United Mine Workers of America (UMWA) members will once again flood the streets outside the Community Trust Building to protest what is happening to them as a result of Horizon's bankruptcy. This will be the UMWA's third protest outside Judge Howard's courtroom.

On Aug. 6, Howard issued a ruling that granted Horizon's request to void its contracts with the UMWA and cancel health care benefits for thousands of active and retired miners. Prior to issuing this decision, UMWA International President Cecil Roberts and several other union advocates testified in court about the extreme economic hardship an adverse ruling would create for some 800 active Horizon miners and some 2,300 Horizon retirees. Not only would these retirees-many suffering from chronic illnesses like black lung-be forced to find new health care coverage, but active miners would lose their job rights. This means that future employment opportunities at their mine-in the event of it being sold-would no longer be guaranteed. Unfortunately, the UMWA's plea for justice fell on deaf ears, and Howard ruled in favor of Horizon.

"The UMWA is not going to allow what happened to these Horizon miners to become yesterday's news," vowed Roberts. "We are appealing the judge's decision, and we will continue to protest it at every opportunity, such as next week's confirmation hearing. What Judge Howard did is wrong, and the UMWA will continue fighting to make this sad situation right. Our Horizon members are angry and frustrated, but they are also dedicated to fighting with us to the end. I applaud them for their strength and commitment."

Following Howard's ruling, Roberts said the UMWA was highly encouraged by the immediate pledges of help from several of the union's friends in Congress, particularly Sens. Jay Rockefeller (D-W.Va.) and Robert C. Byrd (D-W.Va.) and Reps. Nick Rahall (D-W.Va.), Ted Strickland (D-Ohio) and Jerry Costello (D-Ill.).

"These are federal bankruptcy laws, and it will take an act of Congress to reform them," explained Roberts. "Our supporters in Congress understand that this action needs to happen, and they have pledged to work with us to try and reform America's business-friendly bankruptcy laws-sooner, not later."

Roberts added that the UMWA will be working with the labor movement to make the issue of bankruptcy law reform a front-burner issue this election season.

The UMWA will be asking candidates directly about how they would vote on the issue of bankruptcy law reform," said Roberts. "If they aren't with us then we can only assume they are against us-and we will make sure voters throughout the coalfields know that. We must strike while the iron is hot. America's bankruptcy laws were written by banks and pro-business members of Congress, who today, unfortunately, outnumber pro-worker members of Congress. The UMWA vows to work with all of labor to tip that balance in our favor come November 2."

Horizon Natural Resources coal miner Kenny Kondoudis couldn’t believe it when he heard what happened in a Lexington, Ky., courtroom on Aug. 31 after a federal bankruptcy judge confirmed the sale of Horizon Natural Resources assets “free and clear” of any and all contractual obligations to its United Mine Workers of America-represented miners.

After hearing the judge’s decision, Horizon lawyers and lawyers for the entities who will soon own the bankrupt coal operator’s properties, began laughing and high-fiving each other — all knowing full well that the ruling meant that thousands of Horizon retirees and active coal miners, many suffering from chronic, high-cost medical problems like black lung disease, would soon be without promised health-care benefits and job rights.

In Kondoudis’ and the UMWA’s opinion, the lawyers’ callous display shows just how insignificant the needs and concerns of working people are to many in corporate America. It also shows why Congress must act now to help working Americans by reforming our nation’s bankruptcy laws to end corporate abuse.

Prior to the Aug. 31 hearing, 16 Horizon miners and I were arrested for sitting down in front of the courthouse entrance and blocking it. We were hopeful — much like the thousands of protesters with us outside the courthouse — that an arrest might draw some attention to the plight of these workers and retirees. We also thought that maybe the judge would have a change of heart and overturn his decision. Sadly, at the end of the day, he did not, which put big smiles on the faces of the corporate lawyers and executives inside the courtroom, and brought tears to the eyes of many of the miners and retirees outside.

Thankfully, the UMWA’s efforts to highlight the need for reform of America’s bankruptcy laws have not gone unnoticed. Our friends in Congress are now contacting us to ask what they can do to help. At our Aug. 31 rally, Rep. Jerry Costello, D-Ill., addressed the crowd, telling them that what is happening is wrong and strongly supporting our calls for reform. And Sen. Jay Rockefeller, D-W.Va., has recently issued statements saying he intends to introduce legislation that addresses the anti-worker bias of America’s bankruptcy laws. Sen. Robert C. Byrd, D-W.Va., and Reps. Ted Strickland, D-Ohio, and Nick Rahall, D-W.Va., are also pledging to help. This is very welcome news, but the UMWA fully understands that there is much more work to be done, beginning with the Nov. 2 election.

As UMWA members were being arrested in Lexington, Democratic vice presidential candidate John Edwards was on a front porch in Beckley, discussing the Horizon bankruptcy injustice with UMWA member Darrell Todd and his wife. After hearing from Todd how nearly 2,500 Horizon retirees and almost 1,000 active miners are soon going to lose their health-care benefits because of the bankruptcy, Sen. Edwards told Todd that he and presidential candidate John Kerry would help address the problem by enacting policies that guarantee all Americans access to the same quality, affordable-health-care benefits Congress enjoys. While not a cure for all the problems plaguing the nation’s federal bankruptcy laws, Edwards is right that a national health-care policy would help alleviate much of the suffering caused by unjust bankruptcy laws and other factors. This is exactly the kind of action the UMWA believes is needed in America.

The UMWA, Kenny Kondoudis, and thousands of Horizon miners and retirees are learning a very hard lesson about what happens to working people when politicians are elected — and judges appointed — who care more about corporate interests than those of workers. We know that America’s federal bankruptcy laws were written by business-friendly politicians and banks and that it will take an act of Congress to reform them.

For that reason, the UMWA is calling on its members — and all working Americans — to ask candidates running for federal office this year where they stand on the issues of bankruptcy law reform, a national health-care policy and finding a long-term solution to the Coal Act’s funding problems. Only by electing politicians who understand the injustice of America’s bankruptcy laws and skyrocketing health-care costs, can we help ensure that callous celebrations by jubilant, greedy corporate lawyers become a thing of the past.

United Mine Workers of America (UMWA) International President Cecil Roberts is praising the recommendations of a newly released Community Board report that addresses the Horizon Natural Resources' bankruptcy and its economic impact on the Cannelton miners and the people and businesses in communities around the mine.

"I want to thank the Board for all its hard work in putting together this report," praised Roberts. "The Board's key findings support the UMWA's own beliefs, and we are hopeful that Massey Energy will read and understand what this distinguished group of religious, business, political and community leaders are recommending, both at the Cannelton mine and in the communities surrounding the mine." He continued, "We know the holiday season is a particularly busy time for all of us, and, for that reason, the UMWA commends the members of the Board for making the timely release of this important report a priority."

Roberts said the UMWA was most pleased with the Board's recommendation that Massey Energy re-hire all the displaced Horizon miners and then allow the new workforce to conduct a union election, if that is what the workers want.

"This is not just the UMWA saying this now, but, rather, an entire Board of prestigious leaders," explained Roberts. "They recognize that, in America, working people enjoy a basic right to belong to a labor union. The Cannelton miners deserve to be re-hired and they deserve to be able to vote to join a union-no matter what union it may be. They also deserve to be able to conduct an election that is free of employer intimidation or threats."

Roberts said the UMWA is also highly supportive of the Board's five additional recommendations.

"The UMWA strongly supports the Board's call for a congressional inquiry into what happened to the Horizon miners in bankruptcy court and also for a congressional review of how the Coal Act applies in a tragic situation like this," said Roberts. "We also believe the Board's economic, environmental and health and safety recommendations are extremely important as well. We trust that Massey, which promotes itself as a friend to local communities, will agree and publicly support all of the Board's recommendations. The Cannelton miners-and the people who live and work in the communities surrounding the mine-deserve nothing less than what this Board is recommending."

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