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11 February, 2008
The National Labor Relations Board (NLRB) of the US is seeking a rare 10(j) court injunction, under the country’s labour code, to compel Massey Energy Co. to re-hire 85 members of ICEM affiliate United Mine Workers of America (UMWA) at a mine in the state of West Virginia. The 85 were fired for their union affiliation in 2004 when Massey purchased the Cannelton Mine from Horizon Natural Resources after Horizon went into bankruptcy.
The NLRB filed for the injunction on 31 January in a federal district court in Charleston, West Virginia. If the injunction is granted, not only must anti-union Massey rehire the 85, but it would require the Richmond, Virginia-based company to recognise the UMWA as lawful representative for all miners at its Spartan Mining subsidiary. It would also have to adhere to terms of the 2002 national bituminous coal agreement, and begin renewal negotiations with the UMWA.
UMWA President Cecil Roberts welcomed the labour board’s effort to take immediate remedial action. “As workers know too well, the appeals process in labour cases can take years, while workers who have been harmed by a company’s action get no relief,” he said.
“But this time, things are different. We belief the NLRB’s case for injunctive relief is a strong one, and we believe a judge will quickly see that and grant the injunction,” said Roberts.
In late November 2007, an administrative law judge of the NLRB ruled that Massey must re-hire the miners, pay backpay, and recognise the UMWA. Massey immediately said it would appeal that decision to the top five-member panel of the NLRB in Washington, DC, which could take years, and even further to the US Circuit Court of Appeals if the labour board panel rules against the company.
In September 2004 when Massey took over Horizon’s mine, it fired all 160 miners at the unionised operation, stating that it would seek better qualified workers. A bankruptcy judge also nullified the collective agreement, but the UMWA filed unfair labour practice charges before the NLRB.
On two occasions, Massey was hit with unfair labour practice citations by the labour board, and the 21 November 2007 decision of Administrative Law Judge Paul Bogas verified the company’s intent to discriminate against UMWA members “on the basis of their membership in the predecessor’s bargaining unit and their pro-union sentiments.
Massey is the US’s fourth biggest coal producer who’s Chairman, CEO, and President, Donald Blankenship, is the most anti-union coal executive in America. Massey has renamed the Cannelton Mine and now calls it Mammoth Mine.