The February 9 meeting, organized by the United Mine Workers of America (UMWA), was attended mostly by retired coal miners. It was the second such meeting organized by the UMWA; an earlier meeting had been held in Charleston, West Virginia. That same day a federal judge had ruled earlier in the day that new regulations--rule changes fiercely opposed by the coal bosses because they registered a few gains for miners--would be put on hold and that no new claims for black lung benefits could be filed. More than 400 miners or widows file claims every month.

Black lung, or coal miners' pneumo-coniosis, is caused by breathing coal dust. There is no cure, but with the proper control methods it can be prevented. It is estimated that 1,500 miners die every year from the disease. Currently, 80,000 miners or widows receive black lung benefits.

After a concerted effort over several years by the union, the Black Lung Association, and black lung clinics, new regulations were put into effect January 19. Roberts called them a "modest step forward in easing the claims process" for black lung victims. Currently, seven out of 100 claimants receive benefits. It is estimated that the new regulations would increase those winning benefits to 12 out of every 100 workers filing for compensation.

Within days of the new regulations being announced, the coal bosses, through the National Mining Association (NMA), launched a legal challenge seeking to prevent them from being put into effect and to overturn them. When the suit was filed in court, the Justice Department joined forces with the bosses in this assault.

Judge Emmet Sullivan declined to overturn the regulations but ordered the attorneys for the Bush administration and the NMA to come up with a new proposal. In a blow to thousands of mine workers, the ruling stipulates that all claims filed after the new rules took effect will not be processed until the NMA lawsuit is resolved. The ruling further puts on hold any claims already filed that involve any of the 47 provisions being challenged by the mine owners' association.

Responding to this ruling, a UMWA spokesman said that he was "disappointed" and "distressed that so many cases are on hold." He said the union is considering organizing a demonstration when George Bush visits Charleston, West Virginia, February 14. In the presidential elections Bush campaigned vigorously in West Virginia and took the state from Democratic contender Albert Gore. During the campaign Republican ads attacked Gore's record on defending black lung benefits.

In joining forces with the coal bosses' legal action, newly-appointed labor secretary Elaine Chao argued that she needed time to review the rules in order to decide whether she was in agreement with the mining association's lawsuit aimed at overturning the new regulations.

In filing the legal challenge, the NMA said that the rules were "unnecessary" and "costly" and that they "ignore science [and] place miners' jobs in jeopardy." The association also claimed that the rules "will cause delays in the claims process, thus denying speedy award of benefits for deserving claimants."

A recent series in the Roanoke Times explained that for many miners seeking black lung benefits it takes years of struggle against the coal companies to overcome the obstacles put in their way. One article in the series quoted Mark Solomons, an attorney for the NMA, who, the paper wrote, claims that "black lung is largely a thing of the past. The problem today...is smoking." Solomons stated, "There is no need for the black lung program."

This contradicts the fact that active miners today are being diagnosed with black lung. At a hearing last year on coal dust in Morgantown, West Virginia, a miner from Consol's Blacksville mine reported that in the previous 10 months, 26 miners there had been diagnosed with black lung. And coal bosses continue to cheat on dust control. Since 1991, more than 160 mining companies or individuals have been criminally prosecuted for fraudulent coal-dust sampling practices.

At the Uniontown meeting, miners heard presentations from UMWA president Roberts, a Labor Department spokeswoman, and UMWA general counsel Grant Crandell. Lewis Fitch, national president of the Black Lung Association, was also present at the podium. The meeting also became a speakout on the obstacles miners face in their fight for black lung benefits, as miners and family members voiced their opinions and asked questions of the panel.

Roberts said that fighting to get these benefits "is the worst nightmare you ever went through in your life. There is nothing more cruel than the blood gas test; miners end up passing out on treadmills. Miners should have been treated with more dignity."

Miners spoke about the medical examinations that they are forced to undergo to pursue their claim. These include tests of pulmonary function and arterial blood. Even under the revised regulations, a miner may have to undergo five of these exams, which can last up to six hours.

Retired miner George Burdar said, "We're not dogs, we're human beings. When you go to an exam, they treat you like a dog. And the judges don't care about miners any more than a man in the moon." Ernest Decker said, "During my hearing for black lung benefits, the judge actually said that mines are dust-free today."

Another retiree, John Gargus, told the meeting, "This must be the most difficult condition in the world to diagnose. It's a shame, an embarrassment, a disgust to working people. What would it be if you went to a hospital with a problem and it took this long to diagnose?" Later, Gargus said in an interview, "We'll have to march on Washington. We'll show them we can't be swept under the carpet like dust. The miners have always had to fight, from the early days and in the struggle to form the union."

A retiree from the Emerald mine, Martin Willis, agreed. "Bush is hardly unpacked in the White House and already he's attacking black lung benefits. I'm ready to march again. I was there in May, and I'm ready to go again," he said, referring to a march of 8,000 last year in Washington organized by the UMWA.

Tony Lane is a member of United Mine Workers of America Local 1248 in southwestern Pennsylvania.
 
 
Related article:
Defend black lung benefits  
 
 
Front page (for this issue) | Home | Text-version home