Cannelton Hollow Coal Mine
    and Horizon Natural Resource Bankruptcy case.

photo:  Cecil Roberts, UMWA President

Rev. Paul Rose speaking:

Y’all bow your head and we will pray.

 “Lord God of Abraham, Isaac and Jacob.  We come to you tonight in this place asking your presence, guidance to be with us.

We come in your name.  The name that is above every name that has been named in this world or the world to come. That’s  the name of Jesus.

Every knee should bow and every tongue should confess that Jesus Christ is Lord to the Glory of God the Father.

We ask your blessing upon this assembly; community, family and friends.  We ask you Lord to bless our nation, our state, our community, the union leaders, our Union President Brother Cecil Roberts.  We ask you  to  let them seek first the Kingdom of God and its righteousness.

We ask you Lord to bless our men and women in uniform, especially those in Harm’s way. We ask you to keep them safe and bring them home soon to their family and friends.

We ask you Lord to remember the Chinese miners we just received word about.  A  mine disaster there, 52 dead, 92 still missing in China.

We ask you Lord for healing and comfort for those who have been stricken with cancer and illnesses among our union families tonight.  We ask you to remember Carl D. White’s wife, Carol and we ask you to remember George Seeker wife, Larry Bradford’s wife and many others who need healing among us.   We ask you not only provide the necessities of life to our sisters and brothers who have lost their jobs and health care but give them strength in this time of need that no matter how dark it may seem, that you God are light and in You is no darkness at all.

Remember those in this nation in the labor force who have their hopes and dreams destroyed because of corporation corruption and greed and yet there are  those bankruptcy laws that have taken away the  fruits of our labor.  You said in your Word that the laborer is worthy of his hire.  We know without labor that nothing will prosper - hard work and labor in this country was built upon.  We ask you Lord to be our strength and refuge in this time of trouble.

We seek not vengeance.  You said that vengeance belongs to you.  We do not ask for malice toward anyone because we know in malice is evil work.  We ask for forgiveness for our weaknesses and our failures.  We ask for forgiveness for those we trespass against and for those who trespass against us.  The Bible says,  “Let us lay aside every way and the sin that beset us and let us run with faith this race and it is a race that is before us.”

Rev. Rose:  I would like for everyone to stand and repeat this prayer.  Everyone knows this prayer.  It is the Lord’s Prayer. 

“Our Father who art in heaven, hallowed  by thy name.  Your kingdom come, your will be done on earth as it is in heaven.  Give us this day our daily bread and forgive us our debts as we forgive our debtors and deliver us from temptation and deliver us from evil.  For thine is the kingdom, the power and glory forever.  Aman” 

Rev. Rose:  We got a good number here but I have heard Brother Cecil say it only takes a little spark to start a fire and that is what we are trying to do here tonight, unite with each other man in this endeavor to get what we have worked for so hard all our life, so that we will have what is coming to us.  I am not a politician,  a great lawyer or speaker – just a coal miner for 33 years in underground coal mines. 

I am 58 years old, my grandpa came here from Italy when he was 12 years old and worked in the mines until he died in 1949 from silicoses.  My father was a coal miner, raised on Cabin Creek where Cecil was raised.  We was raised together. 

So, I know about the coal mines.  I know about the union.  I know about labor and hard work.  And my grandfather came here looking for a better life.  He was looking to have those things we all look forward to.

Tonight we need to get involved.  I apologize.  I asked God to forgive me.  Now, I ask those around me to forgive me for my failure to do all I can for the working people of this whole nation.  Get involved.  Lend a helping hand.  You think to yourself, I am only one but still I am one.  I cannot do everything but still I can do some things. I will not refuse to do the something I can do.  God Bless you.

Bob Phalen – meeting's moderator

Thanks, Brother Paul. 

Where is Brother Jackie Tanner?  Brother Tanner will lead us in the Pledge.  Here is Brother Tanner.

(Pledge of Allegiance by audience)

Bob Phalen::    Those petitions are circulating. now.  One of those petitions will go to Don Blankenship, CEO of Massey Energy demanding jobs for all Horizon employees and demanding that his company, if they operate that they operate in an environmentally responsible manner that protects our citizens’ health.

Our next petition will be sent to Senator Byrd and Senator Rockefeller requesting a Congressional investigation into this bankruptcy. 

There is a list of things being passed around this auditorium saying “Yes, I want to help.  I want to see our mining families, our retires and community rebound from this Horizon’s Natural Resources bankruptcy and basically for folks to sign  to get involved.”  We appreciate it if you fill this out and get it back to us.  We will be collecting them as this meeting goes on.  Again, make sure you sign those petitions.  If one is not circulated to you we have some here on the table.

I have been told that we will have to vacate the premises by approximately  9 p.m.  There are some recognitions we need to make.  I have been handed a list of about 15 or 20 people to recognize.  (recognitions of dignitaries).  Also, I want to recognize United Auto Workers Local 3399

I’m very, very proud of our heritage.  I have many fond memories of Cannelton  Hollow, number 5 mines.  That is where my father worked and my brother worked there for awhile.  I used to get a whipping every time I sneak around the turn to watch the coal cars come out of the mouth of the hollow.  It was just so intriguing   

I am very proud of the heritage and I have many fond memories of Cannelton Hollow.  One is there are several folks here tonight I partially grew up with that are affected by this situation.

Those folks have worked hard all their lives and like I said, that I partially grew up with these people.

The fondest memories of Cannelton Hollow I have is my Dad  (I’ll get through this).

My Daddy  was a coal miner.  He worked at Cannelton.  On April 12, 1956 he died at One Hundred Mines.  Everybody in here knows where that is at.  So, I am here for a two-fold reason and a two fold-purpose tonight. 

I want to quote a famous saying of Mother Jones,  “I’m here to pray for the dead and fight like Hell for the living.”  And I hope you are too. 

Jobs and health care have been taken around from 250 miners and their families.  Those 250 miners and their families didn’t lose their health care.  They didn’t lose their jobs.  It was taken away.  It was taken away.  We are here to address that.

We are here because 1,000 coal mine retirees are subject to lose their health care.  Something that has been promised to them from 1947 right on by the federal government.  Cradle to grave health care as long as we provide for this nation and this world electricity produced by coal to provide for all of this.  In return our folks were promised this, cradle-to-grave health care.

Thousands of coal miners stand to lose that if we don’t turn this situation around. 

A prime example of that is the WV St. Workers Compensation Fund even if their shortage is paid, there is a 5 to 6 million dollar deficient that the people of the State of West Virginia will have to pay because Horizon National Resources is no longer in business.  They say they are in bankruptcy and out of business.  But that is just an example of government agencies and state agencies and many local businesses  are going to lose money because of this bankruptcy Horizon is going through.  

We are here because Horizon has sold its mine to Massey Energy without securing job rights or benefits for its employees.  Ladies and gentlemen that is wrong.  That is dead wrong. 

We are here because Cannelton Mine was the most productive mine in the entire United States and one of our community’s major employers has closed and this has major ramifications on our community.  And this is wrong ladies and gentlemen, dead wrong. 

We are here tonight to address this devastation and attempt to find constructive means and ways to turn this wrongful injustice around.  This is a wrongful injustice inflicted on too many people. It has to be turned around.  This is where we are going to start tonight right here in this auditorium. 

We have assembled, put together a panel to hear testimonies and write a report.

I would like to make an analogy of some sort.  Back in 1989 the UMWA struck Pittston Coal Company.  How many in here remember basically what that was about?  It was about health care for pensioners.  Pittston cut off 1600 hundred of our retirees members health care.  They said that we are not going to provide it any longer.  We are absolutely not going to provide it any longer.  After a long and bitter fight, we won, Pittston is providing health care.  We still have to fight to maintain the Coal Act and benefits for our pensioners. 

I just want to make this analogy here.  Tonight we have this Panel  that is going to sit here and hear testimony and you know I would like to think that a couple of years down the road we look back on this night and we say that was the start that led to bankruptcy law change.

We are going to fight. 

Ladies and gentlemen I have told why we are here and now I am going to tell you why we are not here.

We are not here for a political rally.  Sorry folks.  We have got more important fish to fry tonight, not saying that is not important because it is extremely important. 

But we are here for the purpose of making sure we address this tragic situation and we want to make sure that we get the word out that we are sick and tired of corporation hiding behind bankruptcy, behind bankruptcy laws to avoid compensation to its workers both active and retired.  We are sick and tired and we are not going to put up with it any longer. 

I said this is not a political rally but I will be the first to submit to you politics will play an important and vital role of what comes out of this.  I am going to say a couple of things about a couple of candidates running for office. 

 UMWA endorsed candidate for President of the United States, John Kerry who has plans to change bankruptcy laws. 

 The current President has none and offers more of the same.  We don’t want more of the same with Kerry we want change in bankruptcy laws. 

 For our state supreme court we now have a 3-2 advantage in favor of the people, working people such as you and I.  Retired people, we now have 3-2 advantage.  I’m not going to back away from it because I am not ashamed of it.  I know we have a fair shake on that Supreme court.  Now,  Don Blankenship, everybody knows Don Blankenship, he is the CEO of Massey Energy by his own omission has placed millions of dollars in the campaign coffers  of the person opposing Warren McGraw on the Supreme Court. I want to say to Don Blankenship that Warren McGraw is still going to be on the Supreme Court this next term. 

 Blankenship came up through the ranks of A. T. Massey and that was what it was called back in 1984.  Back in 1984 his predecessor E. Morgan Massey, and Cecil will remember this, during the Massey strike, E. Warden Massey said, “I owe little allegiance to the United States of America, let along southern West Virginia.”  And that is what E. Morgan Massey said in 1984. 

 Well, I am going to submit to you ladies and gentlemen, you have heard the old saying, “The apple didn’t fall far from the tree.”  E. Morgan Massey was Don Blankenship’s predecessor and mentor and in this case, “The apple didn’t fall far from the tree.”  He doesn’t owe an allegiance to the State of West Virginia and in particular here in Cannelton Hollow. 

 I want to ask you ladies and gentlemen who supports the candidates and what the candidates support.  I have always taken pride in supporting candidates for office who support my views.  I think that is what we all have to do.  I would just ask you to do that and I hope and pray we all make the right decision on November 2.

 Without further ado.  I want to read the names of  the members of this Panel.

Tena Williams, Executive Director of the Commission on Religion in Appalachia:
Randy White, State Senator and Business,
Rev. John A. Massey, Paster of the Glasgow and Cedar United Methodist Church;
Dave Cromier, Labor Economist at West Virginia University;
Kent Carper, Kanawha County Commissioner;
and staff representatives from the offices of Sens. Robert C. Byrd, Jay Rockefeller and Rep. Nick Rahall

From all the testimonies this Panel receives they will write a report.  (5 day timeline).       

 We have quite an agenda with a number of speakers.  People who will testify.  The first person on this list is Cecil Roberts, President of United Mine Workers of America

 Witness 1: 
Cecil Roberts, President, United Mine Workers of America

 I want to do a couple of things if I might.  I want to be brief.  I know two things, Bob Phalen

is a great labor leader and he is from Cedar Grove and if you give someone from Cedar Grove a mic – you may never see it again.

 And I want to say to you this panel has come here tonight because they want to hear from you and your concerns and the difficulties we are all going through here.  They didn’t have to come here, but they did.  Let’s give this panel a round of applause.

 I want to recognize two groups if I might.  We have miners who made their way all the way from District 31 in Fairmont.  Would you guys stand and be recognized.  And we also have miners here who came all the way from District 6 in the Ohio, Wheeling area.

 And I just want to make one comment, if I might  - about folks who came a long way to be here and Don  Blankenship thinks he is going to scab these mines, we will have coal miners from everywhere.

 You know, I just want to thank Rev. Rose, if I might.  I knew him when he was just Paul Rose.  Paul and I met each other when we were in the 3^rd grade and we have been friends all these years and we need God on our side, Paul.

 Those of you who are here tonight and I know there are many, you are strong, Christian, church-going folks, with God, I believe this with all my heart, he doesn’t want us just to pray for victory,  I want God just to give us strength to make a victory. 

 I want to do one more thing, I always like audience participation here because it is good to know who we are.  We have already established that we are God-fearing folks, right here in this room.  Let me tell you what else we are, we are patriotic Americans.  I want, if you back here behind me, just hold your hands up but if you are in front of me and you are a veteran, just stand up.

 Now, I am going just tell you some things that is just absolutely factual.  You know part of the greatness of our Country, part of the greatness of America is the right to protest for rights. 

 Let me just make sure we are all clear about what has happened here.  This is not just about what happened in Cannelton Hollow.  This is not just about what has happened in West Virginia, Indiana, Illinois and Kentucky,  This is about public policy in America and we need to understand that.

 This did not occur because coal miners did not work hard enough.  This bankruptcy did not occur because coal prices dropped.  This bankruptcy didn’t occur because we had bad conditions.  This bankruptcy occurred because there is a crook named  Addington  down in Kentucky.  And Larry Addington is in Kentucky tonight.  He doesn’t have a care in the world.  He is a multi-millionaire.  He doesn’t care what he did here.  He doesn’t care what he did  in Indiana.  He doesn’t care what he did in Illinois.  He doesn’t care what he has done anywhere and people like him are held up in high esteem  by this Republican Administration and I am sick of it.

 Larry Addington ought to be in the penitentiary instead of a suite down in Kentucky. 

 We didn’t just sit back and watch this happen.  We marched to Kentucky 4 times.  We went to Ashland and took over their offices.  We rallied in front of that bankruptcy judge’s court 3 times.  We had over a 1,000 people down there 3 times.  The last time 17 of us went to jail. 

 I want all of those who went to jail with me come up here. 

 I want you to hear me clearly tonight and Don Blankenship hear me clearly tonight.  These are our jobs right here. 

  All the pensioners who retired from Horizon hold your hands up for me

 This health care was promised to you and we are going to make them keep that promise. 

 And you are going to hear the following of why it is just not right for the United States Government to step in here and help you out.  It is just not right the government provide you health care.  Let me tell you something, let me just do a little poll right here:  when George Bush gets sick, who pays for that  (audience response – we do).  When Dick Cheney gets sick, who pays for that (audience response –we do).  Who does?  (audience, we do),  Who does?  (audience—we do).  When Clarence Thomas gets sick who pays for that?  (audience, we do).  When Tom DeLay gets sick, who pays for that?  (audience, we do). 

 We’ve got news for them and they need to understand this, come January or February, you are going to see people come over here and try to go to work in those coal mines and I am going to be sitting in the road and I hope all of you  are sitting in the same road.

 I’m just about done now.  I’m all talked out.  I want you to do something for me though. 

 These people have got some decisions to make, these coal miners, these retirees, it is more important to hear from them than me. 

 I didn’t think I was going to make it here tonight.  I am suppose to be in Ohio bright and early in the morning but I’m going to tomorrow afternoon instead.  So, if you will forgive me I am going to slip out of here.  I am not being rude, just busy. 

 Thank you and God Bless all of you and keep praying for me.

 Bob Phalen::  Thank you brother Roberts.

 So we can continue forward we have 18 other witnesses to hear from tonight and we need to hear from each one of them.

 Witness 2:

Jim Wills, retiree:

 Don’t you think that is a hard act to follow?

I am a member of Local 8843.  I have served as President and Vice-President.

First of all I would like to welcome everyone here and thanks for coming out here.  We need all the help we can get.  I am here on behalf of the retirees and I consider it a great honor to be here.  My name is Jim Wills, not Willis but Jim  Wills.  Lot of here know me.   That’s alright.  That mistake has been made a lot of times. 

 I’m a retiree.  I retired in 2002. 

 I was also born right here in Smithers.  Right here on Smithers Hill.  At an early age my parents moved to Cannelton Hollow.  I went to school here at Montgomery.  Right here at the stop light,  Right here on the property you are sitting on right now, I played ball.  So you know my roots go deep here also. 

 I went to work for Cannelton in 62.  I worked everyday.    I worked there for 40 some years and I gave them 100 %.  And I know a lot of you when you looked at me – you thought I was in pretty good health but if you looked at my medical record you would think a lot differently. 

 In 1963 while I was working at Cannelton, all my time was working on the prep plant  but I had the misfortune of being in an accident and they had to amputate my right leg.  I was off from work for approximately a year and 10 days.  I went back to work and worked for another 38 years.  I  didn’t ask for no sympathy.  Also in the period I time I was worked for Cannelton, I injured both hands and I injured my back which I receive shots to try to help the pain.    

 In all I have over 80% compensable injuries.   Also during that period of time in 1995, I had a heart attack on the job.  It is not covered by comp but I feel like it should be.  I think a lot of research shows that noise causes stress and stress causes heart attacks.

 Horizon’s bankruptcy has a great impact on me and my family and all of us tax payers.  Because of the bankruptcy, Horizon Natural Resources has been able to transfer all the costs of my work related injuries and I have got a letter here that explains that after September 27 that my claims will be covered by the state and not Horizon. 

 Horizon was a got by  with a cheaper rate.  They done some of the paperwork themselves.   Now, they have jumped town and gone bankrupt and put the burden right back on the tax payer. 

 witness 3:
Marco Trbovich, Director, Communications Department

United Steel Works of America

 I am here tonight on behalf of Leo Gerrard, President of United Steel Workers of America and our 1.2 million active members and retirees to express our outrage that a corrupt corporation and an inhuman judge could conspire to deny you your basic rights as human beings. 

 And I am here to tell that United Steel Workers of America are going to stand shoulder to shoulder with you as long as it takes to change the bankruptcy laws in the United States of America. 

 Now, today we stood up and pledged Allegiance to that flag which many of us have served under or fought under and it says, “Liberty and Justice for All.”  Well, let me tell you the bankruptcy laws of this country do not honor the Pledge of Allegiance of the United States of America. 

 And here is how it works folks and I’m sad to say that we the steel workers know a lot about how it works.  And I will tell you about that.  But the way it works there is a pecking order.  Once a company puts itself in bankruptcy it is in control of the bankruptcy court and here’s how it works. 

 At the top of the food chain, if you will, are the big banks that finance the operation of these corporations.  They are called the DIP Lenders and what that means is “debtor in possession” because those companies literally own the assets of that company through the bankruptcy courts. 

 Second, comes those public authorities that were referred to earlier that are owed taxes.

 Third, come the creditors which are the suppliers who have outstanding invoices and fourth and last and lowest possible on the food chain is you, the workers and retirees who are promised something that you will never see because there are not enough crumbs on the table to go around.   And that has got to change. 

 Now, let me tell you why I know this.  I know this because 43 steel companies have gone bankrupt in this country, 17 of them have liquidated and well over 200,000 retirees have lost their health care in this country of the United States. 

 Now, that is the bad news.  The good news is there are people who stood up, political leaders who stood up and fought for you.  I will tell you who they are, Robert Byrd stood up and fought for you, Jay Rockefeller stood up and fought for you and John Kerry and John Edwards stood up and fought for you. 

 And let me tell you how they fought for you.  Let me tell you.

 They put a bill in the United States Congress that said those retirees in the steel industry would have their legacy cost picked up through a tax credit.  They can buy the same insurance they had and file it as a tax credit and be paid.  And they had more than 50 votes in the United States Senate to pass that Bill but guess what, there was one person who stood in the way and who do you think that was?  It was George W. Bush who sent Sen. Phil Graham to the Senate Floor and said I am going to filibuster if you put that Bill before the Senate for a vote.  And so, they had to get 60 votes to override a filibuster. 

 They only got 56 but 56 senators from both parties of the United States were denied the opportunity to vote for the kind of relief you need because George Bush stood against them.  You are going to have to change the bankruptcy laws but you are going to have to change the leadership of this country if you are going to get what you need.

 I am going to take a minute of personal privilege and come clean with you about something    I have worked as an assistant to Leo Gerrard for United Steel Workers but for the past 7 and one half months I have been working as director of labor policy for the John Kerry for President Campaign.  There are two reasons for that:

 One reason is that I work for one of the great unions of the United States of America that was born out of  the same bosom your union was born from. 

 Secondly, I have known John Kerry for 35 years.  I served with him in the United States Navy after he returned from combat in Vietnam where he was highly decorated. 

 We could not come from different backgrounds.  He was well established.  I came from a working class family.  I didn’t live on the wrong side of the tracks.  I lived between the railroad tracks.  That is the God’s honest truth.  We had trains running on both sides of our house.

 But that is not why we became friends.  We became friends because we shared the same values and that is that every human being has the right to be treated with dignity and respect whether it is in the public square or private workplace.  For 20 years John Kerry has proved that with a 90%  voting record and he is an original sponsor of the Act along with bankruptcy reform which we need to pass which is the employees Free Choice Act which will give unions in this country the right to represent workers in this country by merely signing  50 plus cards in the workplace. 

 So, change is on the way but change is up to you. 

 Change the bankruptcy laws. Change the leaders right up to the top.
Thank you very much ladies and gentlemen.  . 

 witness 4:
Local Business man here in upper Kanawha Valley – restaurant owner

 Hello,

  I provided Cannelton Miners with overtime lunches for years.  The workers and miners always stopped  coming and going to the mines.    This bankrupty decision has put these men out of work and has taken away the families medical insurance and has greatly affected me and my business. 

 Without the overtime lunch orders and the miners stopping in has already cost me at least $500.00 per week since the mine shut down September 27^th.  That translates unto about $2,000.00 per month lost income or $24,000. over a year.  That is a huge consequence for someone to bear that is not even involved in the bankruptcy. 

 I am truly an injured 3^rd party; an injured by stander.  An injured bystander who now gets to pay the price Horizon will never be expected to pay. 

 Even with all of this I am thankful I was not hit harder with this.  I am one of the local vendors who dealt with Horizon who did not get ripped off by them.  This was largely because Jason O’Neil who worked in the  my office made sure all the bills were paid  from that.  He personally went down and had the check signed for me. 

 I didn’t get what Mr. Lopez did at Smithers.  I understand they got him for thousands of dollars in their two bankruptcies. 

 It is a shame what has happened to these men.  They spent 30-40 years underground.  They exposed themselves to the potential of black lung and one judge in Kentucky can decide a company can go bankrupt.  That is just not right.  And they are letting a company like Massey come in here at almost no cost to them.  I feel like the money Massey paid for the company should be put into a fund to help these workers. 

 As long as we keep getting people like Bush in office we are going to have to deal with situations like this.  Reagan opened the door for the Masseys  of  this world when he didn’t respect the air traffic controllers’ union and fired them all. It has just gotten worse since then for the working people of this nation.  We are a nation of the has and the working poor and we have got to do something now to put a stop to this. 

 Thank you for your time.  

 other witnesses: