This article originally provided by The Charleston Gazette

February 25, 2005

Miners arrested near Massey plant

UMW protests loss of pensions, health care and union jobs

By Paul J. Nyden
Staff writer

Ten United Mine Workers members, including UMW President Cecil Roberts, were arrested Thursday after a peaceful sit-in across U.S. 60, near a Massey Energy cleaning plant in Smithers.

Another 200 miners and supporters lined both sides of the road as the 10 men sat in the cold rain near an entrance to the old Cannelton Coal cleaning plant on the Kanawha River.

When the 10 moved onto the main road, dozens of other protestors stood near them for nearly 40 minutes until Kanawha County sheriff’s deputies arrived to arrest them.

Some held signs that said, “Why Won’t Massey Hire Union Miners?” and “We Worry About Massey’s Slurry,” referring to a large coal slurry pond on the mountains above the road.

Those arrested also included William “Bolts” Willis, president of Cannelton UMW Local 8843; Donnie Samms, deputy director of UMW Region II in Charleston; and Bob Phalen, former UMW District 17 president and a member of the state Workers’ Compensation Commission’s Board of Managers.

Each person arrested faces a misdemeanor charge of impeding the flow of traffic. All were arraigned in Kanawha County Magistrate Court and released on personal recognizance bonds.

“We chose to rally at the Cannelton cleaning plant because what happened to UMWA members at this operation last year is a perfect example of the harmful economic impact America’s federal bankruptcy laws can have on good, honest, hard-working people,” Roberts said.

Massey Energy bought the Cannelton mining complex from bankrupt Horizon Natural Resources last summer. They bought it after U.S. Bankruptcy Judge William Howard nullified the UMW contract at the mine, ending health-care benefits the contract promised miners for the rest of their lives.

More than 1,000 miners, as well as 4,000 retired miners and spouses, lost their health benefits when Howard issued his ruling.

The UMW is also upset that Massey reopened the mine as a non-union operation. The UMW had represented workers at Cannelton since the mine opened in 1947.

“What happened to the Horizon workers in bankruptcy court was a complete travesty of justice,” Roberts said. “How Massey Energy has subsequently taken advantage of the tragic situation is just as bad.”

He also praised efforts by Sen. Jay Rockefeller and Rep. Nick J. Rahall, Both D-W.Va., to revise federal bankruptcy laws to protect employees who lose their jobs.

Massey Energy issued a written statement after Thursday’s arrests calling the UMW pickets “unlawful.”

“The UMWA is unlawfully interfering with the business operations of Massey Energy Co.’s Mammoth operation. They are picketing this operation because it in a non-union job site,” the statement read.

Kanawha County sheriff’s deputies headed down to Smithers after they received a call saying people were causing a disturbance on Massey property.

But Sheriff’s Lt. B.C. Stover said, “We talked to the Massey people and they said, ‘They’re not causing us any problems.’ ”

When the miners moved onto U.S. 60, they blocked traffic and backed up traffic as much as a mile in both directions.

Motorists stuck in traffic called Metro 911, Stover said.

Ten of the protestors would not move out of traffic and were arrested without incident, he said.

“Everything was peaceful,” Stover said. “They just weren’t going to move.”

Massey’s statement said the Mammoth operation now employs 85 people. The company operates two 12-hour shifts, beginning at 6:30 a.m. and 6:30 p.m.

“Mammoth has contacted nearly 100 former Cannelton employees. Of that number 32 have been hired and are working [and] 61 ... either refused an interview or did not respond to our interview request,” according to the statement.

Samms said Mammoth Coal has only contacted 16 former Cannelton miners, 11 of whom are working there today.

“Two have quit and three others had jobs in other mines. The two guys who quit just couldn’t take it any more,” Samms said. “But they did hire 18 of the bosses from the old company.”

Roberts said 125 miners who once worked for Cannelton applied for jobs at Mammoth. Not a single one of 40 men who worked at the cleaning plant in Smithers has been hired, he said.

Last week, inspectors from the state Office of Miners’ Health, Safety and Training, cited Mammoth for violating major safety laws while operating an underground mining section with two continuous miners.

Citing 13 specific violations, the inspection reports revealed that Massey was running the section without fans working properly and without the required canvas curtains to keep contaminated air flowing out of the mine.

On Thursday, company spokesman Jeff Gillenwater released a written statement that said, “Massey Energy’s members and thousands of other coal miners throughout the United States know that ventilation violations are an all too common occurrence at union and non-union mines. Massey Energy does not condone any violation of law, but recognizes violations will occur.”

Staff writer Dave Gustafson contributed to this story. To contact staff writer Paul J. Nyden, use e-mail or call 348-5164.