Oct. 30, 2004 - 18:27 MDT

THE WONDERING JEW

A Trend ?

The news goes on, and on, ever on. But it keeps getting a little worse as time goes on. A little worse for John Q. Public usually. An article in The Denver Post of, I think two Sundays ago emphasizes that.

Written by James Dao of the New York Times. In full:

Coal miners lose benefits after pact is voided by court

"SMITHERS, W. VA -- "After 31 years, Carl Leake retired last year from the Cannelton coal mine near here with what he thought was a rock-solid promise of health insurance for life under his union contract. And a vital promise it was. This past summer, his wife was diagnosed with cancer; her treatment has cost more than $200,000."

"But last month, a federal bankruptcy judge in Kentucky authorized Cannelton's owner, Horizon Natural Resources, to terminate its collective bargaining agreements with the United Mine Workers of America. And just like that, Carl Leake's guaranteed health insurance was gone."

"I figure we could lose everything if we have to pay her bills," said Leak, 61."

"Leak is one of nearly 3,800 "union coal miners and their dependents in West Virginia, Kentuky, Illiois and Indiana whose company-financed health insurance vanished with a swipe of Judge William Howard's pen last month."

"The union has pledged to cover their health insurance for six months. But beyond that, many workers are facing a future with no insurance or monthly premiums they can barely afford."

"In a region where union benefits have long been the bedrock of middle-class life, Howard's decision has been a shocking blow.

"Though similar decisions left thousands of unionized steel workers without retiree benefits during the 1990s, the Horizon case marks the first time bankruptcy law has been used to void union contracts in the coal industry, experts said. Now the UMW union is bracing for new bankruptcy filings by coal companies seeking to alter or eliminate collective bargaining agreements."

"The case has become a campaign issue in West Virginia, with the UMW, which has endorsed Sen. John Kerry, asserting that the Bush administration has opposed measures that would protect retiree benefits. It has also spurred calls from some West Virginia lawmakers to restrict the use of bankruptcy laws to void union contracts."

"Horizon sought Chapter 11 protection from creditors in 2002. This year, it asked Howard to abrogate its union contracts, asserting that the cost of union benefits had made the properties unattractive to potential buyers."

"Howard agreed. In August, he ruled that "unrefuted evidence" showed that Horizon's mines could not be sold as long as its obligations to union retirees remained."

"His decision paved the way for Horizon to release about 800 union workers and to sell two dozen mining operations, both union and non-union, for $786 million to International Coal Group, led by financier Wilbur T. Ross. ICG then sold two of the union mines to Massey Energy Co."

"In an interview, Ross said ICG intended to keep its newly acquired mines, all of them non-union, operating with their current employees. Massey has said it plans to reopen its two mines, Cannelton and Starfire in eastern Kentucky, but only with non-union workers."

"The union has pledged to protest any non-union hiring.

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My opinions are, in the article the words "release 800 workers" is obfuscation to the max, laid-off is more what it was. Many union obtained contracts have guaranteed health insurance coverage, especially for retirees. Fought for to bridge the gap between their wages, the cost of living and the cost of medical care. Thus obtained it was counted as wages paid to the employee.

This strikes retired employees a cruel blow. The cost of any surgeries, chemo treatments or any other expensive procedures then will have to be paid by the retiree. Impossible this day and age for a retiree of our peon status to pay.

(Quote)"Though similar decisions left thousands of unionized steel workers without retiree benefits during the 1990s, the Horizon case marks the first time bankruptcy law has been used to void union contracts in the coal industry,"(Unquote) guess that little bit about the steel workers has slipped by many of us without notice. Thousands of us average retired Joes had our health coverage pulled by the stroke of a feral judge's pen.

Before the judge, the company made excuses so that their retirees would go into poverty if they got desperately sick. Into a hole from which they could never clamber out. Benefits bargained for by union and promised faithfully to the retirees.

(Quote)"Howard agreed. In August, he ruled that "unrefuted evidence" showed that the cost of union benefits had made the properties unattractive to potential buyers."(Unquote) I expect similar excuses were put forth in the steel industry too - however, they slipped free also. Judge Howard apparently didn't think of the rights of the workers and the obligation for the company to keep its guaranteed promise, did he ?

Now Massey has said it plans to reopen its two mines, Cannelton and Starfire in eastern Kentucky, "but only with non-union workers." Barefaced, out and out they come out and say they will not have union workers at Cannelton !

So much for discussion on this article.

But there is more. Companies insisting that workers take cuts in pay, "so that they can remain competetive," a good way for companies in the same industries to make everybody agree to peon wages and benefits -- namely not much of anything at all. Airlines an example, employees made concession after concession because the companies insisted on them.

United in bankruptcy court now trying to do the same thing, pleading about the same, "Need to be competetive," (unsaid is "at the workers expense.")

It appears to me that in this present day, companies, corporations and feral government are the main priority of the powers that be. It would be quite fair it seems to me when a company is going bankrupt and can't seem to get their thing together, let 'em go down the tube, sell the remains and let the big wheels go out without any golden parachutes, health insurance or pensions and suffer with the rest of us.

And there the picture is hung on the wall -- not a pretty thing to see, forcasting the fate of any of us working people, dealt to us from our company with the assistance of a feral judge so that the "company" can remain "Profitable."

Is this the landslide that in history will be called A Trend ? . . . . . . . .

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