The labor department action is another product of the miners’ fight to gain representation by the United Mine Workers of America (UMWA), and to win better wages, safety, and dignity at the mine. The fight began in September 2003 when 75 Co-Op miners were locked out for supporting the union. After a nearly 10-month strike the miners returned to work in July 2004 when they forced the company to reinstate them to their jobs.

Last December, the miners cast their ballots in a union representation election. In the lead-up to that vote, the company fired nearly every union supporter in the mine—some 30 workers—supposedly for not having proper work documents. This was an attempt to intimidate union supporters, the miners say. The workers, many of whom are originally from Mexico, point out they had the same papers on the day they were fired as they’d had throughout their employment at the mine. Many of the Co-Op miners had been working for C.W. Mining, the mine’s owners, for several years—and some for nearly a decade.

Although only one union supporter remains in the mine today, the unionists have continued to press their struggle. Miners and their supporters are organizing a March 5 fund-raiser to press their fight to win the union. The unionists are reaching out broadly to build the event and get out the facts about their ongoing fight.  
 
Bosses’ face penalty for discrimination
When Ricardo Chávez, one of the stalwarts of the union-organizing fight, was rehired in July along with other unionists, the Co-Op bosses told him he was required to undergo additional training at his own expense before he could return to the job. After going three weeks without a paycheck and paying $150 for training, Chávez was finally allowed to return to work.

At the time Chávez filed his complaint against the company he explained, “I want the government to intervene because I have not received a paycheck and my family needs money for food and housing. I need those wages and I think the law is on my side.”

The ruling, which lists U.S. labor secretary Elaine Chao along with Chávez as complainants in the discrimination proceeding, found that “Chávez was unlawfully discriminated against by C.W. Mining.” In addition to Chávez’s out-of-pocket costs for the training and back wages for lost time, the complaint asks the Federal Mine Safety and Health Commission to order the Co-Op bosses to pay “a civil money penalty in the amount of $5,000.”

Although the bosses claimed that he “lacked training,” it was the Co-Op mine’s safety trainer, José Ortega, who had been responsible for Chávez’s training when he first started work at the mine, Chávez said. Of the 32 hours of safety training mandated by MSHA for a new coal miner, Ortega had given him only six hours of instruction and charged him more than twice the average cost for such a class in the state of Utah, said Chávez. A number of other Co-Op miners gave testimony to MSHA in October 2003 about similar training practices and other safety violations by the mine bosses.

With this latest favorable ruling by the U.S. Department of Labor for the miners, the company is once again being put on the spot to answer for its discriminatory practices. C.W. Mining has 30 days to respond to the MSHA Review Commission.  
 
March 5 solidarity rally
“Our aim is to build a union local at the Co-Op mine,” said Juan Salazar, one of the Co-Op miners speaking at a meeting of UMWA retirees Local 9958 in Sunnyside, Utah, on February 7. “When we win, then we can have a union hall like this. We have shown people you can fight against injustice.” From the very beginning of their struggle, retirees from the local have been among the Co-Op miners’ biggest supporters.

Local 9958 member Bob Fivecoat and his wife Annie recently took the initiative to organize a benefit fund-raiser to support the Co-Op miners, which will take place March 5 at the UMWA District 22 union hall in Price.

“The Co-Op miners received national recognition in December when they voted for UMWA representation and most of them have been out of work since that time when they were fired by C.W. Mining,” Annie Fivecoat said, when asked why she was helping to organize the benefit. “Through the generosity of many organizations and individuals the Co-Op miners are holding tight to their belief that justice will be served. The fund-raising effort will continue to help make that possible. Many people are coming together to put on a Mexican lunch, have speakers, and hold a raffle.”

The Co-Op miners are looking forward to standing with others at the March 5 benefit. One of the retirees is going to help set up a table at the Miners Trading Post in Sunnyside to publicize the event. It is a place frequented by many workers and their families from other local mines, who will be interested in supporting their fight.

On February 4, four of the miners headed down to the local K-mart in Price to publicize their struggle and build for the March 5 weekend.

“I support your fight. I hope you win this,” said a coal miner who happened to be shopping at the store and picked up an flyer about the struggle from the miners. Many people, like this miner, expressed their solidarity as they stopped by the information table. They also put contributions in a big bucket with “Support Co-Op Miners Fund” written on it.

In less than 20 minutes the miners had already talked to a couple dozen people and 35 one-dollar bills had been dropped in the bucket.

“I worked in the mines for 25 years with the UMWA and what you guys are doing is a good thing,” said a man who stopped to talk as he walked out of the store. He reached into his wallet and pulled out a handful of dollar bills to donate. He drove by later and gave the miners his phone number. “If there is anything I can do, give me a call,” he said.

“People were glad to learn about what is happening with our fight,” said Juan Avilez, one of the Co-Op miners handing out flyers. “We were well received.”

“Anytime we go somewhere and talk about our fight people want to know how they can help,” explained Alyson Kennedy, one of the Co-Op miners. “On Saturday, two people, one a woman who is a retired UMWA member and worked at the Wilberg mine, gave us their phone numbers to keep them up to date. We also plan to go to the mine portals.”  
 
Messages of support and funds come in
Every week, the miners report, they get together to discuss how to organize their fight, and to distribute the much-needed donations that are sent every week by supporters from all over the country. The miners read the messages that they have been receiving every week from supporters around the country.

This week they received a contribution of $30 from a man from Austria who said he was a union member. The United University Professions, a union representing more than 30,000 academic and other professional faculty of the State University of New York in Stony Brook, sent a letter of support and contribution. The letter signed by local president William Scheuerman said they had “voted to support the Huntington, Utah strikers who seek decent wages and working conditions. I am pleased to concur with the Committee’s recommendation and enclose a check in the amount of $200 in support of the strikers struggle. We wish you well in your endeavor.”

Financial contributions can be sent to the “Co-Op Miners Fund” at UMWA District 22, 525 East 100 South, Price, UT 84501. Messages for the March 5 benefit can be sent to the same address or faxed to (435) 637-9456. Raffle tickets can be ordered by calling the union hall at (435) 637-2037.

Miners are asking supporters to continue to send letters to the National Labor Relations Board urging the board to reverse the mass firings of Co-Op miners. Letters should also support the miners’ demand that the union representation election be decided based on the November 18 ruling by the NLRB barring Kingston family members from the vote. Miners ask that the letters be sent to: Robert J. Battista, Chairman NLRB, 1099 14th St. N.W., Washington, D.C. 20570-0001; and, NLRB Region 27 Director B. Allan Benson, 600 17th St. 7th Floor—North Tower, Denver CO 80202-5433; Tel (303) 844-3551; Fax: (303) 844-6249.
 
 
Related articles:
Labor department finds mine owners discriminated  
 
 
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