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EcoUnionist News #79: Don Blankenship found guilty! ... sort of ... well, not really...

Compiled by x344543 - IWW Environmental Unionism Caucus, December 8, 2015

On December 3, 2015, the New York Times Reported:

Donald L. Blankenship, whose leadership of the Massey Energy Company was widely criticized after 29 workers were killed in the Upper Big Branch mine in 2010, was convicted Thursday of conspiring to violate federal safety standards, becoming the most prominent American coal executive ever convicted of a crime related to mining deaths.

But in a substantial defeat for the Justice Department, the verdict, announced in Federal District Court here, exonerated Mr. Blankenship, Massey’s former chief executive, of three felony charges that could have led to a prison term of 30 years. Instead, after a long and complex trial that began on Oct. 1, jurors convicted Mr. Blankenship only of a single misdemeanor charge that carried a maximum of a year in prison.

Far from a victory, this case, once again, represents an example of the "presumed innocence of capitalism". The death of these 29 workers and the destruction to the environment of Appalachia (and elsewhere) is considered "part of the cost of doing business" in which private capitalists appropriate the wealth extracted from the Earth by the working class. The costs of that appropriation are outsourced to the Earth and the working classes, and if workers die in the process and communities have to suffer the consequences, such things are dismissed as "externalities". That Blankenship was convicted of minor charges at all is simply a result of him being just a bit too arrogant in the process (the capitalist class knows full well that if a few of the more roguish elements among their class push the envelope it could stoke the fires of resistance among the non-capitalist class, and so token laws are passed to provide the illusion of law and order and to pacify those that are exploited).  

The reaction among workers, their families, and environmentalists who haven't given into the typical "hopium" of inside-the-beltway NGO compromise is one of anger and frustration, but the results are what they more-or-less expected.

A measure of justice has been served through the conviction of Don Blankenship on federal charges of conspiring to violate mine safety standards. The truth that was common knowledge in the coalfields – that Don Blankenship cared little for the safety and health of miners working for his company and even less for the laws enforcing their rights – has finally been proven in court.

This decision will not bring back the 52 people killed on Massey Energy property during Blankenship’s reign as the head of that company, including the 29 killed at the Upper Big Branch disaster in 2010. Their families still must live without their loved ones, holding their grief in their hearts the rest of their lives.

But a message has gone out today to every coal operator in America who is willing to skirt mine safety and health laws: you do so at your own personal risk. I thank the jury for having the courage to send this message and establish a clear deterrent to this kind of activity. Hopefully that deterrent will keep more miners alive and intact in the years to come.”

--Official UMWA statement on the verdict, December 3, 2015

No, justice was not served today. I don't care how many press releases I see...Unfortunately, this was about 29 people who are dead because the law was not followed. MTR has killed many more, but never came up in the trial. Blankenship has pocketed billions of dollars by breaking unions, violating environmental and health laws, buying judges and punching reporters. He will serve at most 12 months, probably less. He is tough and can do his time standing on his head, and fly to Monaco with his girlfriend when he gets out. Calling this justice is a disservice to the families of those who are in their graves because of this man...The problem is that the punishment for evading safety laws should be more severe than the punishment for lying to your shareholders. I fully expect that a wrongful death civil lawsuit will follow this. I do expect that he will serve some time. But I am very disappointed in how this is playing out, and how some groups are spinning this as justice. Would they come here to the Coal River and say that to the families?

--Earth First! co-founder Mike Roselle on the "conviction" of Don Blankenship, December 3, 2015

Media Coverage

Railroads lay off hundreds and close routes in Appalachia

By Jeff Lusanne  - WSWS.org, October 29, 2015

Disclaimer: The views expressed here are not the official position of the IWW (or even the IWW’s EUC) and do not necessarily represent the views of anyone but the author’s.

In the rugged, mountainous region of Central Appalachia—covering West Virginia, eastern Tennessee and Kentucky, and Western Virginia—many towns and cities exist because of a particular industry. Sometimes, the name of a town itself shows this: for example, Alloy, WV, where a silicon metal alloy plant is located on the banks of the Kanawha River. Countless towns were built around coal mines, many have which have faded away as mines closed, or become shells of their former prosperity. Indeed, Prosperity, WV is a place, located near the high-quality coal in Raleigh County.

The railroads, built through the challenging terrain of the Appalachian region to transport its valuable resources to domestic and international markets, created railroad towns. The sorting of traffic, maintenance of track and equipment, and administrative tasks created hundreds of jobs in cities across the region.

In the last two months, mass layoffs of railroad workers in response to falling coal traffic have called into question the fate of several towns that are inextricably linked to the railroad industry, where generations of workers have been employed by railroads.

The most severe blow was the sudden October 15 announcement by CSX Railroad that it was effectively ending operations in Erwin, Tennessee, a yard and maintenance base on a major route through the area. Employees of the railroad in Erwin heard the news in the morning at the beginning of their shifts, and then some spent their shift assembling all the equipment in the yard into the last train to leave town. When it did, 300 workers lost their jobs.

On October 20, CSX announced another 180 layoffs of yard and maintenance in Corbin, Kentucky, another major regional terminal. Due to declining coal traffic, the railroad closed the locomotive terminal and car shop, where workers inspect and maintain equipment. A hundred employees will remain and the terminal will stay open.

In both Corbin and Erwin, CSX stated that workers have the option of moving for work outside of the area—which could mean hundreds of miles away. An engineer wrote in the Erwin Record that with the last shift of crews, the conversation was “Where you going, Nashville? Birmingham? Etowah? Tampa?.” Followed by the “It’s been good working with you,” then “the handshakes, the hugs, the misty eyes, the turns and walks away.”

The positions of engineers, conductors, maintainers, and repairman were skilled operating or mechanical jobs with wages that are not commonly available elsewhere in the region, and their loss will have a devastating impact on the local economy and the workers affected.

Sept. 4, 1921: Battle of Blair Mountain Ends

By Brandon Nida - Zinn Education Project, September 4, 2015

Disclaimer: The views expressed here are not the official position of the IWW (or even the IWW’s EUC) and do not necessarily represent the views of anyone but the author’s.

September 4 marks the end of fighting at the Battle of Blair Mountain, which was the largest example of class war in U.S. history. It was fought over the course of five days in 1921 by 10,000 coalminers. The coalminers were rebelling against inhumane conditions in the West Virginia coalfields. The region led the nation in mine fatalities and the coal companies controlled almost every aspect of mining families’ lives.

The miners had attempted to unionize for decades, but were constantly blocked by a corrupt political system, brutal intimidation for organizers, and other forms of harassment such as blacklisting where union sympathizers were barred from working in the region.

These struggles all came to a head when the United Mine Workers of America (UMWA) went on a national strike in 1919. The southern coalfields of West Virginia at this time were the only major coal-producing region that was non-union. The continued production in the region during the strike seriously undercut the UMWA’s position. After the national strike was resolved, the UMWA set their sights on the problematic region.

This began two years of determined efforts on the miners’ part to unionize these fields. The first efforts were focused on Logan County. The union organizers met stiff resistance from the county sheriff, Don Chafin, who was in the employment of coal operators. Chafin used intimidation, beatings, and even murder to keep the union out.

Mass Incarceration vs. Rural Appalachia

By Panagioti Tsolkas - Earth Island Journal, August 24, 2015

Disclaimer: The views expressed here are not the official position of the IWW (or even the IWW’s EUC) and do not necessarily represent the views of anyone but the author’s.

Feds want to build a maximum-security prison on top of a former mountaintop removal mining site in eastern Kentucky

For all practical purposes the [Cumberland Plateau] has long constituted a colonial appendage of the industrial East and Middle West, rather than an integral part of the nation generally. The decades of exploitation have in large measure drained the region.

Harry M. Caudill, author, historian, lawyer, legislator, and environmentalist from Letcher County, in the coalfields of southeastern Kentucky (May 3, 1922 – November 29, 1990)

The United States Bureau of Prisons is trying to build a new, massive maximum-security prison in the Appalachian mountains of eastern Kentucky — and there’s a growing movement to stop it.

The prison industry in the US has grown in leaps and bounds in the past 20 years— a new prison was built at an average rate of one every two weeks in the ’90s, almost entirely in rural communities. As of 2002, there were already more prisoners in this country than farmers. The industry seems like an unstoppable machine, plowing forward at breakneck speed on the path that made the world’s largest prison population.

Today, about 716 of every 100,000 Americans are in prison. Prisoners in nations across the world average at 155 per 100,000 people. And in the US, Southern states rule the chart. Viewing these states as countries themselves, Kentucky ranks at lucky number seven.

“Sounds terrible…” you may be thinking, “But what does it have to do with the environment?”

Well, this seemingly impenetrable multi-billion dollar bi-partisan government-driven industry does have a weak point: it’s a well-verified ecological mess. For a 10-year period of the Environmental Protection Agency’s Prison Initiative, prison after prison that the EPA’s inspected in the Mid-Atlantic region was plagued with violations. Violations included air and water pollution, inadequate hazardous waste management and failing spill control prevention for toxic materials.

From the initial breaking ground on construction in rural and wild places to the inevitable sewage problem from operating chronically over-populated facilities — running a prison is dirty business. And when you factor in the plethora of environmental justice issues facing the prisoners, disproportionately low-income and people of color, it becomes an outright nightmare.

How to Support Clean Energy and Not Be a Jerk; As the nation turns away from coal, what do we owe coal workers?

By Jonathan Tasini - Sierra, July-August 2015

Disclaimer: The views expressed here are not the official position of the IWW (or even the IWW’s EUC) and do not necessarily represent the views of anyone but the author’s.

Michael Phillippi makes $28.50 per hour working as a mechanic at Murray Energy's Monongalia County coal mine in West Virginia. That's almost double what he made as a crane operator before snagging this coveted job four years ago. With healthcare and pension, that figure is close to $60 per hour, all because he's a member of the United Mine Workers of America (UMW). That's a hefty paycheck in a state where the minimum wage is $8 per hour and the poverty rate is one of the highest in the nation.

The amiable, broad-shouldered Phillippi brings home more than twice what his wife makes as a teacher's assistant. He puts 10 percent of his paycheck into a 401(k) and invests another chunk in education savings for his three kids. He pays the bills and still has enough left over for a boat and a little camp where his family spends time in the summer. "I know guys making eighteen, twenty thousand," he says. "We had a banker start a few months ago—he was in charge of loans at a bank. He makes more money and has better benefits as a coal miner."

If the mine closed, Phillippi says, he'd have to learn to live off $15 an hour or less. To find a salary comparable to his current job's, he'd have to drive 75 miles north to Pittsburgh. But he probably wouldn't. "I won't move," he says. "I am from here. My family is from here. My grandparents are from here. My wife and her family. This is our community. I want to raise my children here. I plan on dying here. It's the sad truth that the good jobs aren't here."

Phillippi's paycheck also matters to the small businesses he sprinkles money on, like the mom-and-pops he stops at on his 35-minute drive from his home in Morgantown to the mine. Sitting in a small conference room in the UMW regional office in Fairmont, Phillippi points across the table to Mark Dorsey, who worked underground for 34 years before retiring in 2010: "For every hour I work, I'm helping to pay his pension." 

There are hundreds of thousands of Michael Phillippis spread out across the nation, from the coalfields of West Virginia and Kentucky to the more than 500 coal-generating power stations located in virtually every state. These workers now face the loss of their good-paying jobs due to the declining competitiveness of coal compared to other energy sources and new Environmental Protection Agency regulations intended to address air pollution and climate change. 

Those regulations, of course, have clear benefits for Phillippi, Dorsey, and everyone who breathes. Stronger soot standards alone would prevent 35,700 premature deaths per year and 1.4 million cases of aggravated asthma. Shifting to renewable energy, says the Union of Concerned Scientists, would create three times as many jobs—although likely not as well paid—as an equivalent investment in fossil fuels. And the value of avoiding catastrophic climate change is incalculable. 

But it won't pay the mortgage. As the coal industry withers, what will happen to Phillippi, Dorsey, and the communities they live in? The classic free market answer: That's life. Economies change, so suck it up. When the car replaced the horse and cart, buggy manufacturers moved on. 

That is not the only answer. Slowly, tentatively, unions and environmentalists are beginning to talk about an entirely different option called Just Transition, a guarantee that the cost of bringing down the curtain on the coal industry will not be paid by coal workers alone, but will be spread across society. It would be a huge undertaking, ideally encompassing the tens of thousands of workers directly employed in coal, from mining to electric-power generation, plus the communities that depend on their spending and taxes.

Caterpilliar Steals More Mining Jobs

By Nick Mullins - The Thoughtful Coal Miner, July 17, 2015

Disclaimer: The views expressed here are not the official position of the IWW (or even the IWW’s EUC) and do not necessarily represent the views of anyone but the author’s.

Web editor's note: - Caterpillar are also known union busters.

(Caption from Coal Age Magazine image, pictured right):  Alpha Coal West Works with Cat to Develop a Better Dipper

The cut line for the (image) from Coal Age should read…

“Alpha Coal West Works with Cat to Eliminate More Coal Mining Jobs Through Increased Mechanization”

Tell me again why everyone still believes coal companies are job creators?

At various times through my blogging, I have pointed out that coal companies are legally bound to make a profit for their shareholders. Even staunch conservatives argue “What’s the point of a business that isn’t out to make money?” So why do people’s understanding of the coal business fall short of overhead reduction in the form of job elimination?

Coal miner’s must realize that there is a difference between a “War on Coal” and a “War on Coal Miners.” The companies, who miners believe to be their closest ally, are continuously trying to gain more productivity from their workers while cutting as much overhead as possible. Perhaps it’s time coal miners and their families realized the truth behind coal’s motivations and began fighting for themselves and the future of their children.

I for one would love to see what Appalachians can do on their own without the coal industry telling everyone what they should be doing.

Coal Miners Are People, Not "Jobs"

By Nick Mullins - The Thoughtful Coal Miner, October 27, 2014

Disclaimer: The views expressed here are not the official position of the IWW (or even the IWW’s EUC) and do not necessarily represent the views of anyone but the author’s.

State Senator Jared Carpenter sat across his desk within the capitol annex of the Kentucky State Capitol, his smile was the same I imagined he greeted customers with at the First Southern National Bank in Richmond, Kentucky. It is Valentine’s Day of 2013, a day selected by the Kentuckians for the Commonwealth to lobby for the health and safety of Appalachian communities. I sat beside John Wright-Rios who had set up the meeting.

I’m already annoyed by the “Friends of Coal” license plate proudly displayed on Carpenter's bookshelf, along with a roll of “I ♥ Coal” stickers, both likely given to him by coal’s well-funded corporate lobbying force known as the Kentucky Coal Association. Carpenter was the chair of the Energy and Natural Resources committee, according to his website "His ascension to the position made him one of the fastest rising committee chairs in the chamber, and one of the youngest.  Through his work on the committee, he has gained attention for his work on behalf of Kentucky coal and for taking a strong stand against President Obama and his EPA." Coal has a lot of power in the state capitol, perhaps more than the 4 million residents living in the state.

Regardless of the uphill battle to put people before coal industry profits, we try, even after passing dozens of representatives, senators, and lobbyists wearing the same stickers that spilled from their roll on Carpenter's bookshelf.

“Did you take that tour in to coal country you said you were going to take last year?” My casual tone was much friendlier than I felt.

Carpenter’s smile grew a little larger. “I sure did and I learned a lot. We went into an underground mine and I watched a couple of men run a roof bolter. That’s some hard work they do. I have a lot of respect for them.”

His words grated on me. He'd never worked in the coal mines, he didn't know what hard work was, but I steeled myself and avoided confrontation.

“It's definitely hard work. A lot of the miners get hurt doing it. The person I started roofbolting with was only in his late twenties and was already having a lot of back and shoulder issues. ”

“Well, that’s with any industry.” He said, his smile only fading a little.

It was a programmed response, one I'd heard before from other politicians and coal industry supporters.  It is their way of downplaying the pain and suffering caused by the “jobs” they so proudly provide.

As you would imagine, their statements are untrue….

Study Ties Mountaintop Removal Mining Dust To Increased Risk Of Lung Cancer

By Katie Valentine - Think Progress, October 17, 2014

Disclaimer: The views expressed here are not the official position of the IWW (or even the IWW’s EUC) and do not necessarily represent the views of anyone but the author’s.

Mountaintop removal mining destroys forest ecosystems and clogs streams with often toxic mining waste. And according to a new study, it also increases a person’s risk of lung cancer.

The study, published this week in the journal Environmental Science and Technology, looks at the carcinogenic potential of the particulate matter that enters the air during mountaintop removal mining, a form of surface mining that blasts the tops of mountains away so that underground coal reserves can be accessed. The study found “new evidence” that breathing in this particulate matter over an extended period of time can lead to lung cancer, confirming previous research that has found increased cases of lung cancer in communities that live near coal mining operations in Appalachia. That research noted that smoking rates in these communities are likely also contributing to the lung cancer risk, making exposure to mining operations only one of the variables involved, but this week’s research confirms, for the first time, that dust from mining operations can drive up a person’s risk of lung cancer.

“It’s a risk factor, with other risk factors, that increases the risks of getting lung cancer,” study co-author and West Virginia University cancer researcher Yon Rojanasakul told the Charleston Gazette. “That’s what the results show.”

The researchers exposed lung cells to dust from mountaintop removal operations over a three-month period. They found that the dust had “cell-transforming and tumor-promoting effects” — it led to certain changes in the cells that promoted lung cancer development.

“As more than 60,000 cancer cases has been estimated to correlate with MTM [mountaintop removal] activities in West Virginia, this finding on the cancer promoting effect of [particulate matter] and related epidemiological data are crucial to raise public health awareness to reduce cancer risk,” the study’s authors write.

Environmentalists and some Appalachian residents have fought against mountaintop removal, which is considered to be the most destructive way to extract coal, for years. According to anti-mountaintop removal group Appalachian Voices, the practice has destroyed more than 500 mountains so far in central and southern Appalachia. Blowing up the tops of these mountains obliterates temperate forest ecosystems that are among the most biologically diverse in the world.

Should the feds bail out coal miners?

By David Roberts - Grist, October 14, 2014

Disclaimer: The views expressed here are not the official position of the IWW (or even the IWW’s EUC) and do not necessarily represent the views of anyone but the author’s.

I wrote yesterday that coal country is largely lost to Democrats, and that’s fine; they don’t need it to put together consistent national majorities.

Lots of people (via Twitter and email) complained that of course those voters are going to the GOP, since at least the GOP offers them sympathy on culture-war issues, while the Democrats offer them nothing. Why should they vote Dem?

Often paired with such complaints is the notion that Dems ought to propose some kind of large-scale federal program to ease the transition of miners and their families away from coal — a bold, populist, New Deal-style development program that would show coal miners (and other rural whites) that Dems care about them.

I was going to do a deep dive on this, but it turns out there aren’t many details or concrete proposals out there, and this kind of thing has a snowball’s chance in hell of passing Congress in a time of (ill-advised) fiscal retrenchment, so I’m not going to do a multi-thousand-word geek-out. Instead, just some idle musings.

Wave of layoffs sweeps North American coal industry

By Clement Daily - World Socialist Website, August 22, 2014

Disclaimer: The views expressed here are not the official position of the IWW (or even the IWW’s EUC) and do not necessarily represent the views of anyone but the author’s.

Virginia-based Alpha Natural Resources—the second-largest US coal producer—announced last month that it intended to lay off approximately 1,100 coal miners and support staff at 11 affiliated coal mining operations in southern West Virginia by mid-October. These job cuts are only the most drastic in a wave of layoffs sweeping through the coal industry this year.

In a press release, Alpha President Paul Vining noted that in the last three years the company has idled about 35 million tons of coal production in an effort to cut costs. These moves underlay the closing of eight mines and a similar mass layoff of 1,200 coal miners in 2012. Moreover, these layoffs come on the heels of the company’s announcement in late June that it was permanently closing its Cherokee Mine in Dickenson County, Virginia, cutting about 120 jobs.

Similarly, Coal River Mining announced last week it planned to eliminate 280 mining positions at its operations in Kanawha, Boone and Lincoln counties in West Virginia. This comes on top of more than 150 layoffs by the company last year.

In July, Cumberland River Coal—a subsidiary of US mining giant Arch Coal—announced it was idling two mines at its complex on the Virginia-Kentucky border, eliminating 213 positions.

In June, St. Louis-based Patriot Coal confirmed it was laying off 75 of the nearly 850 workers to whom the company had issued layoff notices at its Corridor G and Wells mining complexes in Boone County, West Virginia. Back in May, after posting $116 million in first-quarter profits, CONSOL Energy cut production at its Buchanan Mine near Oakwood, Virginia, eliminating 188 jobs.

All these layoffs and production cuts occur in Appalachia, where the coal industry remains in a protracted structural decline driven by thinning seams and higher production costs. According to statistics compiled by Sean O’Leary of the West Virginia Center on Budget and Policy, Central Appalachian productivity stood at just 2 short tons per labor hour in 2012, compared to more than 4 short tons in the Illinois Basin and nearly 30 short tons in the Powder River Basin (Wyoming-Montana).

The US Energy Information Agency (EIA) forecasts that coal production in Central Appalachia—comprised mainly of southern West Virginia and eastern Kentucky—will decline to half its 2010 level by the end of the present decade.

However, the decline of Central Appalachian coal production takes place within a broader crisis facing the US coal industry. Thermal coal used in electricity generation faces increasing competition for domestic energy production as the list of aging coal-fired power plant retirements grows under the pressure of cheap and abundant natural gas. The EIA projects natural gas will surpass coal in its share of domestic energy production by 2035.

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