Page 49 Furthermore, this Act provided for the establishment of the aforementioned Trustees: one appointed as the representa- tive of the United Mine Workers; one appointed as a representative of the Employers; and one neutral Trustee, who since the conception of the Fund has been Josephine Roche. This neutral Trustee is to be selected either by agreement of the other two Trustees, or by a petition by the UMW or the operators to the United States District Court for the District of Columbia for the appointment of an impartial umpire. The Trustee appointed by the United Mine Workers is, also, designated as the "Chief Executive Officer and the Chairman of the Trustees of the Fund. ,,7 The current Trustees and the remainder of the Fund's formal structure are shown in Chart VI. For the next few years, the Fund changed noticeably, until 1950. In that year, the "United Mine Workers of America Welfare and Retirement Fund of 1950" was established by the National Bituminous Coal Wage Agreement of 1950. This was a milestone in that the amount which operators are to pay into the Fund has remained the same from the time of that agreement to the present. The sum of forty cents is still to be collected on each ton of 7National Bituminous Coal Wage Agreement of 1968, pp. 3-4. • -oche ,"Ir" ,J .l' .. \ -' ...:J ~J2vi::~ -.'.~,a 1.:~leIOT';S "._ /T_C:T'~' '1'0---- UFF'IC~'~ II : \.1/1'; T ,~,; D 'dC,3:)~~T ~.lJ w, 1. '.'-:" . . . ,- \ ...... ,..., 1· .... i ~~~:"'.J: ~,.,) . I;n ,:) .~::D ,~U ~ TCV'O ~,') I .; r"7-,I1-' J .'1.md: ~~_,.1 J Page 51 bituminous coal produced by an operator, who is a signator to the agreement, for use or for sale. Also, the sum of eighty cents is to be levied on each ton of coal, which is acquired by a signator of the above agreement, on which the forty cent fee has not been paid. Under the present contract, the first payments were to have been made on November 10, 1968, and on the 10th day of each calendar month thereafter. If full and prompt payments are not made, it will be deemed a violation of the contract. 8 In the early years of the Fund, it was fairly easy for a miner or his family to collect health benefits; a union member was simply issued a "Welfare card" which he presented when he sought medical services. The lax requirements soon had to be terminated, however, because the Fund was fast being drained of its resources by a multitude of questionable claims. Today a union member must seek health care from only those clinics and doctors which are recognized by the Fund. "A total of 8,158 physicians and 1,559 hospitals and medical, research and special centers were used by the Fund in the year." Also, there are ten Area Medical Offices which are located in 8National Bituminous Coal Wage Agreement of 1968, pp. 3-5. ----------~-------------- Page 52 the centers of mining population which provide services: Johnstown, Pennsylvania; Pittsburgh, Pennsylvania; Beckley, West Virginia; Charleston, West Virginia; Morgantown, West Virginia; Birmingham, Alabama; Knoxville, Tennessee; Evansville, Indiana; St. Louis, Missouri; and Denver, Colorado. 9 Medicare has been of great importance because it has removed part of the Fund's burden by providing medical care to pensioners. Unfortunately, the Fund has also served to alienate as well as aid some miners. In 1962, the union began cancelling the membership and Welfare cards of those miners whose employers had not kept up with their payments to the Fund. The miners were given no hearings, no time to try to influence the mine owners to pay the forty cents a ton fee. This act embittered many of these miners permanently against the union. lO Annually an audit is made of the Welfare and Retirement Fund by an independent firm of Certified Public Accountants, Wayne Kedrick & Company of Washington, D. C. The results of this audit are made available to any interested party on request, and parties, such as members of Congress, certain government 9"Welfare and Retirement Fund: 10Caudill, Cumber lands , p. 392. Report 1970," p. 8. Page 53 officials, and signators of the National Bituminous Coal Wage Agreement receive a copy of the audit immediately upon publication. 11 Chart VII shows findings of the last audit, for the period of July 1, 1969, to June 30, 1970. Exhibit "B" is probably the most important of the three sections in that it deals with receipts and expenditures. The audit showed an unexpended balance of $151,088,014.37 as of June 30, 1970. This is greatly overshodowed, however, by the fact that the Fund is operating at a deficit; total receipts were $174,232,169.73, while total expenditures stood at $202,611,355.49. Chart VIII shows a comparison of the past two years, 1969 and 1970. Whereas total income has increased by $11,020,883, total expenditures have also increased by over three times that amount, $38,757,862. The unexpended balance of the Fund decreased $28,379,186 in one year; although the Fund is still solvent, there is a question as to whether it can continue to operate at such a deficit for any length of time. As recently as 1965, the Fund was operating in the "black." Although the unexpended balance stood at only $140,248,140.43, 11''We1fare and Retirement Fund: Report 1970," pp. 15-16. G'~\.l:T YII ","", ' ~~. . _. _'~T'~ :(.:<~C,~ ~, ::. '"," '1":; "f{-t" J' rT ~;. '_'~I 1 ~?i r'r" 1"', -!-,'- .,.)\ . ',J • ,- T""\ ".- ", i..LJ_ C3.sh In B:.'.~: J., ,:','nv,'r)c()!,' •' " .', ,._ '1(1")' ()' '~, 'lOtf'-l G2.sh C.' ()'/')r.. , -: ] ~,.,"u~ Un(~:,:')·:n(je,J3~.:cl::mc ~ ::f i"w'ld ,June 3D, 1?7CJ -- ~i':ro:~',zhibit rc~J.·': - : ~([~"" ' 0< __ ..... 11:3 11 ~Yl.~ ;:-J}O~l(~ " no '-_:._i;~:l)"llrc-~e=·.~8nt:) 1)~::.is. ~t:t ;r~8;rt, ]~,:::_~ ~_)e~n :~lr'~~):'ll"1>';d on :~ c.~~".sh ~8C ~~:L LYt,~~' /"< ....... ,', "1' , (," , .' ~:-~ ~·j~f- ~)rr --;,"""1 " 'I <', -"r T(' 1. "I~ 1 ,1- , 1 ,-, , -, 1-'- ~ " (~ ,~ , :;t(') , f_~T.-1 ) .. ";ri,"r? .., ~ ) ,1 ..J C) .. r' '7j , 3 l:!:o~::1.~~~:0 ·~n~_~,::~:~t,~7.nn~ ··'(3':;·3~_~.r )r"~ t-j"',::,:'l j,-,~1n t)-I, . iC'..tiorl~~_l .)<~_(~ "C~:··:>·:·'· ',.:.; 0:1" :t95C~, ~ ·'""1n (1 Ti~': ~.: i)r.;)0 :.~~ =_ t ~rL"'vi(~'-:;-1:~ "Y'"1 IDtC)rCc:;t n:,: n . ¥~ -":13"'~- -; >Y~"·I":':'I':.;J~t.: s .:=~:.: )C~~3 1',n~ci;).c.lli1i~:l,tions f::: -~ :,'iJ: '~) - .~t , - 'or"" ".:_' :_ . ·;.e;)Ort 1,..J.... ~O I'-~ ; " , ('7 J ?C,,~ 1") -) r_ ,(_. .,) Je"efits ??nsi,~n~) <.;'d~: ._~: ?-~istr;"'t,ion \d:-,-j n-T_.:~-:·.~""~f"·1.vr) .~\.()' I Cf.~·ic8 ::: ~\'~'(1;:~\~0 ~.:~-l:.L~J5.t Herr '.'~~.J";-r!.t'1r0., l-,l~-(-~~::} ~!rJ' r 1.1 :-~'~L;'~- Xc ;nt '"ll : .. ~~iFl::1.~:;D··1 20 9 , 0J.1, J:~~~ .l!9 1?70 -- ':'1'• 'I ,-' ,,' J, , 01'L~. 37 ;P '...:,i",;h."~+ .l~ • t _ _ '..I ~J J :!r"'1!l '.,1 J If'T ,"'cD T"I ":~ , ,I "'11 I; r.'Tr:D TTlr:::,~? '~.-~ __rC~T: .F_I,cr ~., 1('6(,) ";'(' :-'"]1 l?)C oJ ;n:-" }O, 1.970 Sa.larios ='ri::-!tin~:, "'n(1 ,;"-C.",, ",cn 3r:;:,r, ':";\.1) -:L ~.0 '; '-lent ~o:·tC<~G ~'~,~sJ ~:"e,;s - '::'~:J~~lS~~~ ,--TIel 8"}1C~_ :.2·~le'~:"r:-I~")b To18·<")hol1e '~a:":es St?:Les \r~~\"~:r~.·"l,~·:r~:.')nt ~-:~~'_i'Jf :;'(-)rl";r·"',} ~~neY~r;l o:r:~n~'}t ~?8d..;T.~"J .,~:f=; C1r1 ~·~~l..i_cf l~~lefits li.l':1~.d0:<J ..:.";r;-~:"'''':()11:,~_ ':!·('.~i ,-.o-.t:.r 7,7 CO.OO T{1 ;:llT~_~nce ~'·~;"~-.~"tn·i-13.·-:.C8 0 ~·:'f:::~ic.'~ I' >~':;.'3c?1}~.~~n'-~ol· :~: C-;'f5 C8 1 ;}1t ;:-:l}nnS,r~s t"f·;'·j_co ~~:~) 1 ()::,-,~,~ s t L' _:It I '~~()D:JI~~~_ T(:' '. d . ··.~~·:·:. ''!V~'''',~.t·i_v·~~ ]~':1): il'" ,?_~.~ C ~ ~:~-,)-;?1 ~8S ~~. '! -: t5. t r; ,-)'" th . ~ ?-('r' '~·rp.::" ~-)r~ "-<L8-'·:.·.Fltl~.r~.:- f {_~ . ~ic~(.l ; }Z;" S ~'~~i._ ~~.J~ ->~~":··~-:)u~·~ ~C(~ ,C "', ,r U,'i" , I:; r-o,,' [,J ~/-' ... ). "0 r IncT;;:1.se -,1' 1"rt ,...-., ...' J 1 ). " i," 7 ,:''"', 'inI,lii,) ,: -' , 7~(\ I -- " 1'7'7 • .t" °7 ,_ .,,.-, J_, "ii ,i 117 7,Q.r: ,~___ I t'"l.' .....,,1 \ I,. :U", _):,!-Lf Iii,J.:1ero:L '_.~ ,. :·1..<O~~S ( >In'3fj_tG ::~7cr~--::~:o ,)iJ.y"":t:L":lOrS i1':-"7~ -,. \'-;i~firr: ..i . . . . . J_ ••• .: '.' _ _ '.1 U!1i ted 12110 CI:C"' :':-;1" r'~ of .~c·-:'ort -lor t:-li:; ~r3~.r '~. .r~ -;r':~C!~, ~T] ··in r ; J~I~~a:-'8 ,JlxnD 3(), ;:DO _::0-~,ir· ;--i·:::;:nt ~'"\u.:[1d: 1~';70, :~!. ~3. Page 58 the total receipts were $145,118,774.36 while total expenditures were $118,892,434.20. Part of the blame for this quick rise in expenditures must be attributed to the increase in pension benefits which W. A. Boyle pushed through prior to the 1969 presidential election. As of 1965, pension disbursements were one-half of what they are today, $62,093,241.52 the present $123,075,695.84. 12 compared to Nevertheless, Boyle has promised to further increase the pensions from $150 to $200. 13 Besides the fact that the life of the Fund is dependent upon fluctuations in coal production, it is also plagued by the threat of legal action. The Association of Disabled Miners & Widows has sued the union, the Fund, and several operators for $75,000,000.00 in damages. It is alleged that union members have been denied benefits to which they were entitled, with no right to appeal. 14 If the defendants are found to be liable in this case, it could open a "Pandora's BOX;" any other union member with a similar complaint could also file suit, l2United Mine Workers of America Welfare and Retirement Fund: Report for the Year Ending June 30, 1965, p. 27. l3"Heir Faces Revolt," p. 110. l4"Coal's New Prosperity Can't Ease Its Pains," Business Week, August 23, 1969, p. 65. Page 59 and stand a reasonably good chance of collecting damages. The Fund has been a terrific boon to the miner. It has provided him and his family with security in an insecure occupation, as well as a chance to successfully meet the rising cost of insurance and medical care. The question which now remains to be answered is, how long can the Fund continue to function effectively at its present deficit? A rise in benefits is always well received in today's inflationary economy, but where do you draw the line between politics and practicality? The most valuable contribution that the union leadership can make to the Fund is a realistic approach to its present problems. PART II. THE UNION AND GOVERNMENT Federal mine-safety legislation has been plagued during its whole dismal history by a combination of factors that have aborted every effort at real reform: an industry almost impervious to technological innovation, especially where health and safety are concerned; the impressive political power of industry leaders and their lobbyists on Capitol Hill, in committee cloakrooms, and among important executive agencies; miners' unions, such as the powerful United Mine Workers, dominated by officials seemingly committed to perpetuating rather than improving mine conditions; weak-willed and understaffed federal regulatory agencies either unable or unwilling to force the coal industry to observe health and safety standards; and, finally, the long-suffering miners themselves, resigned, as were their fathers, to a lifetime of abuse, frustration, broken promises, crippling injury, and all too often death. 1 --Stephen Cupps LEGISLATION While the union-management agreement has proved to be a valuable means of improving the lot of organized labor, it is not the only alternative available; political channels are often used. Laws are made by Congress, signed and enforced by the President, and, possibly, interpreted by the judiciary. At all these points, a union must be prepared to protect its membership either by supporting favorable bills, or by attempting to halt those bills which it feels would not be beneficial. lStephen Cupps, "Death by Runaround," The Nation, August 31, 1970, p. 146. Page 61 The United Mine Workers has a separate branch, Labor's Non-Partisan League, which is responsible for lobbying and all other political activities in the legislative area. When John L. Lewis originated the LNPL in the late 1930's, it was intended to serve as the base of support for a third party movement. This, however, failed to materialize, and it assumed the role it plays today. In the October 15, 1970, issue of the United Mine Workers Journal, the LNPL published the "key" issues which it used to evaluate the voting records of coal state legislators, as well as the overall performance of the 9lst Congress, (Chart IX). The letters in red following the brief explanation of each bill state the position of the UMW, either for or against. By making public such a list of issues, the union hopes to influence the voters on election day while giving the legislators an idea of where they stand prior to that time. These records give an indication of the type of legislation in which the UMW is interested. "Remember: the legislators you send to Washington are the men to whom your union must look for help in furthering ':'.~ ',r;l J •• , ....... 1. o :'lJ" to 1 r- J L~_~ \ ) • .. ') : 3. r "If'"" r', " , ~ '\....:' J '-,:'" -, ~ -) _,' J"':'" " "',.T" ~ , '-Y , i1T,r ~") . '':)17 C-., TT ~~ '.) .._. , , ~ "~;~rr OF "'1'7 ~ nsi;on 1" ?::'OlJ.ty C~., ?nblic " ()J (,,:' r I [~ 37 tl:8 'iTt.) to 7I • l>;.'_blic (' ! ~l LI- 91-172. \ ." i '. in ) , Tl-:is 10. :T 11. JJ10? 76 to 19. 1- 12. l:., » • I~C1J 3:~ 'J 1 .J... < • ). ~ ; ~.!. of 'nbJJ,c T .,.~ ',.'( - :'1-230. 2. I: 'T vnt" . 0'" -,' ~ j i 9 to J..'c. .. ' .~ ,I. ,. ~ : . :1..',:, ;:.' T i~. : '.l :~ nl., 0 7. ".;yn 1 ~"I.J ~)1-177 • .'.,' I l' tl13 .- . ,. J t, l~·. ~S. I 17J'~, the, - .,- . Page 66 your interests.,,2 Chart X shows the voting records of those coal state Congressmen and Senators who were seeking re-election in 1970. The names which are underlined indicate those men who were endorsed by the union. for right or "w" The legislator's vote, "R" for wrong, can be seen in conjunction with the "key" issues enumerated in Chart IX. Basically, the issues in this November election, it seems to us are the economic issues that face the nation. Unemployment across the nation is back up above 5 percent of the total work force of the nation. Inflation and the high cost of living certainly are major issues. And unemployment, inflation and the high cost of living are matters that the Congress can do something about. So it is most important that you support the men for office who will be best able, in the judgment of your Union, to face up to these prob1 ms and try to do something constructive about them. 3 The endorsement of these candidates rested, supposedly, on their voting records rather than political affiliation or personal beliefs, but this is hard to accept in all cases. For example, William Bray, Congressman from Indiana's 6th District, was endorsed by the UMW, yet he voted correctly on only one bill, the Federal Coal Mine Health and Safety Act of 1969. On the other hand, Congressman Ken Hechler, the 2United Mine Workers Journal, October 15, 1970, p. 5. 3Ibid ., p. 12. :i.e::;. vote. t'~'; co ,~j, veto '\/,J c' '- i 1-""'~ " j .' -'T~T~} , .; (~~). ~j 11" 'iT , '3 Tel n 1. 2. :. :~~- :1. G'l" , I;T 1970 )1- 6. ? =cn 10 •• 11. 12. (T :,:U;1 ( ) ,;:-.""'1;,:,. c)towm,:~on 7. 1, " T. 'n .L --'\ je T E~I:)h ·T '!.i.';, " ':J:" A (D) ") " " n Ycuart Sy:.-,;.n ::ton (:J) " _'~ .A ,> l~ ,,' L;_·. 1:~C)T . " , .. ,, ( LJ/ .t. ')T 1'··'1'-...... ·-' ''''','''. "'j .,:-. __ . ___,_'__~_'___ .. __.r~___"J __ '.__._--'___J_'_"_'_~~' 1. 2. 3. 5. / U. 7. 11. 9. .l_~r_._~_.Yl~'~:_(__._:,:~.__~_:·_.{)_~_·,_s__~(~:)) ~') .1.\. ( J) • _c ( "\I _1 J 19'1O, ()-7. I? "' ".,""1," '--~~',-' .-t, 1,·~. ...... -[,., _"- >', - ~ "-1 'J' .; ). 1. J!. '. ) ....:.l . 1"" . . . " :":~ '-- ., 9. I. 10. .\L·j3, '. . n~i l~~ ~_-icol.~·: al t")r . )) :~'l~)~;;rs ;~u01nnan John .1 (;J) ( .) 1-~ ) - ',~ ':'om 3 ?vill (0) . --: T/' :\ ._ ~ .~_. ~ , : 1... . ..1 J. ":) .'., " :~11arlot-!::,o 'l'.~:d.d j_ .. ;sljJ~ c. ;:C't T!. o"'" ., ;:' ".j 1 '" '.,,, c,l- :0':) .n .:. j.l"·:}l1clr·~ r~chGl - •••. ~~. _, 1.1 )",u1 ' .... - _ ,', .,')';1r11"''' I _ • . \~ -''-I "j i.l C.) :·1 ( . ')I ", ( -~ojI _ l~ ., " John 'i'. T V) C~·~) ::-:mn<:!-th <T. Grav (.J) ,.., " Vl" ]. v,,:. ,1 r r' _'J.y.i_C(~ ( UJ '1 ' .l. "\ I y~rs Ttoce~c ~~. :~ion iJ~ i i;::l!1 ,'}. 'Jr "_~~r 1. 1-,; , .... ') p i\ ", ,., r~"' " 1. i , ' .. : () 7. (l ve .." 1(;. " (D) r;, . llr:l j/J8 ',;-,:'-_",',r~l','::.. -,'-. :;;.-. .~:_tts ,John J. \~r!{i "-13 ,illi8.::' J. .\r;'!old ("' I') N .) (~)) ,:an'::.J.l (') \ .J ; i '.~ CL;~n .; .John ':c;lchr,,- 'k}"';:bia11 :112.'T:JZ :nmF:1 Luj 2.:1, 1 ~d 7e;r' ;~~[?n , ( ,I (_~) ., ( :' 'I O'IO ( ) ~! L _'..8: :1.1:',;on1" ( ~',3.:"S () ) -\1' " ,1'--:: 1. .\ ... -:-J ~ ,~,-,' "~A '.J . ~ • Ii ' 3. ,'. .I, . ~i' ..:.. - .. G• .. '7 ( D) cl'.; c) -' . 10. ,-, (-.~) c. ---.,.-., ?~~(~d 3. .1,1". __xn:rt -) Il "., I) .'- j ... :-;, J. E. (Ji~'}::r );':'.Hlen J 011,'1 J. ~.Jtl';e em (~) (JiD,) Brae]: T en • ,Joe VJ.ll:3 ., ,f ,. (1';) Burton ( :-,loyc "r" (~) '"",","r . ·~r .L ~~ . ..:. ' "'-1 ( ..' ) ') ...n 1. .. -c: . 7. '.:.- "1 (', ~:....'./ ,', " 1118 '>3 t>.e ?"3 3r,'.J. 11,"':1. ~n ;~'=<~1 ~<j_T10 ~~~'-"J C()2~.~_ O:1c:!r,~.tor'J. ~""1'~,"", Jr. 'r~ ~1 O_ ',_ -,,',':_,,' '.J d.'-'_.::" th_ .=I.ll;J ·-)nfoi~~/ .ct ()." -: ,-\ .,:) to ~?,T""'·V~::··, i·"} '~~1,r::~~~11'3.~~,-.-:n:·~ 1:1011- . Page 74 outspoken representative of West Virginia's 4th District, failed to gain union endorsement; he voted against the UMW on only one bill, the Water Carrier Mixed Cargo Bill. It can only be believed that the union would prefer to keep out of office a man who supports legislation beneficial to coal miners, but who does not always speak patronizingly of the United Mine Workers. Of the fifty-five candidates endorsed by the UMW, only nine were Republicans (16%). This would seem to give credence to the old love affair between organized labor and the Democratic Party. The majority of candidates approved by the union were elected. Chart XI shows both the candidates who were endorsed and those who were victorious. Historically the union has had a tremendous influence in the coal districts; only men who would support the UMW, or who could be controlled by them were elected. That influence, like union prestige, is on the wane, however, and in some quarters union endorsement is considered more of a liability than an asset. Currently, the United Mine Workers is lobbying for enlarged payments to men who are disabled by "black lung" under the Social Security Act. At the state level, improvements in -'r ',',r1 ' 'j ... ..:.,..) ") ) ( "\ , I \' I ( TO, '\ \ 'I j 1 • • . '~ _ ~ .•... 1,. , " Scott U:) I 'r) SS ( ",),'I Hos:: CJ) 8~rrd (:) ! l' " ., r1r, n ",', I-c.'. - r" ~_ ,.", 1 1 ,-.l ,.J ' 7 PcVi-.... 1"1 (.) \. ,) -'" 'V"'" C' ..c.. '-..' _I ~~:cv:i.ll (T) ) (r) ",i 1. lc,s'ino.ll (D) :21 ')~ ---' ','." 6 Ie nith (D) .\.~ Slcubitz (:) 1 2 S 7 :::ni.th CJ) "l , • .!. ·:'.Cl'DJ,lJ,j (" .:,"md2~1 (D) ,:)\ Stuhblefi,ld (:;) ::o:tcher (D) Carter (j~) ·!2.ttS C')) ?8;'l:in3 (J) 1 OJ.sen (:;) ') <. ~'GJ..ch8r 1 Chavez (D) (D) _:~lr__;1,·~ -; ( I:8J.e~1Gr 18 --.:r~c"'~_~ ....:' ..::. 19 G(',rncy (D) Carney CD) :dr:onclaon (iJ) Albert (JJ) Steod CD) "':i.~~OO:'" ,. ') (','j) \". 6 J "e" ." ron (D) 10 EcD;:.'.de (IS) 11 Ii! Flood (D) Hoorh:;ad (J) (ooney CIJ) Corb8tt ( ,) ?O ~}.".ydo s (;)) '21 Dcmt (0) It: 15 _ ~;. ~J '~~r'" ; J.3.:~ \...1 (')\ J j ~d:'.0n d,jon (D) ", t Co,,) ,LJ 3tc,)d (D) ::)'c' : DITl.'r'~ 1_:~ ~"; ;? ~='~:'~S~:(~}l \: lIP.. (;c:';'r. :~;J 1) ~j,.~>"~rl'~.';;D C".!.:,\; ~ :"([}}:'.. T::Z ::TJ >~ ~Lr'-::) 3".'1 l_O,-~ r~~2 ?5 26 ;n Glark (.~.) CD) :;or·-;cm (D) Fatton (:l) :;vins (D) Hansen (D) 3 5 Page 78 compensation laws are sought, especially for victims of 'black lung." Interest has also been shown in aiding states in re- writing mine safety laws. The United Mine Workers does not always support legislation in a manner pleasing to its membership, however. While the Federal Coal Mine Health and Safety Act of 1969 was under consideration as a single unified bill, the union proposed that it be divided into two separate sections, one for health and one for safety. When this idea was defeated, there were rumors that the union was not supporting the bill as it should. Any failure to work diligently to secure legislative reform has been linked with the union-management coalition which is believed to exist. If a strong bill were passed, the expenses of the operators would increase noticeably because new equipment would have to be purchased, and work time would be lost while improvements were being made. This loss of revenue would strike union as well as management because men would be laid off, and more importantly the 40¢ royalties would not be pouring into the Welfare and Retirement Fund. Union corruption in other areas is fast becoming more fact than speculation. On March 2, 1971, W. A. Boyle, John Owens, UMW secretary-treasurer, and James Kmetz, director of Labor's Page 79 Non-Partisan League were indicted by a federal grand jury in Washington, D. C. on the charges of embezzlement, conspiracy, and making illegal political contributions. More specifically, Boyle was charged in one count with embezzling $5,000, in another with conspiring to embezzle and to make illegal political contributions totaling $49,250, and 11 counts of actually making such contributions. The $5,000 was part of the $49,250. Kmetz was charged with the same conspiracy and embezzlement counts and in two counts of making illegal political contributions. Owens was also charged in the conspiracy count and gn one count of making illegal political contribution. Supposedly the three contributed the $49,250 to individual candidates who were running for federal office; the money, however, came from the union treasury. The role of the Labor's Non-Partisan League, in this instance, was to serve as a funnel for the making of these illegal and covert contributions. It is believed that this was accomplished by depositing the money into the private accounts of Owens and Kmetz who would in turn write the checks for the contributions from their accounts. Chart XII shows the alleged recipients of the controversial contributions. "The maximum penalty upon conviction would be two years in prison and a $10,000 fine on each count of the Corrupt Practices Act violation and five years in prison and 4The South Bend Tribune, March 2, 1971, p. 1. iL 1;)()9 in 1968 in 1967 J-:in:"1., C2:,~;~.i?:TI r;o:.'",-5.t·~8 '), ;;1,0:]0 -in 1)6:~ D. I:. Go;~r,itt8:J fer f01~~er ~e~). :~_:;r!lC 1 ""68 1 1:'71, j3. 11a:rs, J)-C"'~io, ;)?;:~O iJ1 Page 81 a $10,000 fine on each of the conspiracy and embezzlement counts."S The lobbying of the United Mine Workers is not limited to campaigning for congressmen and senators. As might be expected, the UMW Journal plays an important part in the union's lobbying activities. For example, the Journal publishes a column entitled ''What's 'Up' On the Hill" in each issue during the time Congress is in session. Also, articles from the Congressional Quarterly, such as the Congressional Boxscore, are published. The labor news service, Press Associates, Inc., provides articles which the Journal either may edit or publish intact. The union paper is distributed to all members of the UMW as a part of their membership; coal state congressmen and senators are, also, recipients of the paper. This type of circulation is an attempt to both inform and indoctrinate. Appearing before congressional committees is an important step in attempting to influence legislation. The organization involved, for example the UMW, would attempt to impress upon the legislators the worth or worthlessness of a particular bill by providing them with information, sometimes expert, SThe South Bend Tribune, March 2, 1971, p. 4. Page 82 sometimes grossly biased. It is then the job of each individual congressman or senator to try to obtain a clear picture of the proposed bill from the evidence presented in the testimony of every participant. A committee investigation is occasionally a defensive as well as offensive tool. Whereas the latter would provide in- formation and present a group position, the former would be of a more investigative nature. As has been the most recent experiences of the UMW, the group is asked to answer charges concerning certain alleged violations of federal law. The formation of alliances is a common method of lobbying. The United Mine Workers has in the past aligned itself with other labor organizations when working for or against a particularly important piece of legislation. Nevertheless, because of the splits that have arisen between various sections of organized labor, these efforts have lacked coordination, which usually encourages failure. Lobbying is not without restrictions, however. The Federal Regulation of Lobbying Act of 1946 has four basic provisions: 1. Every person ... who solicits or receives contributions for the principal purpose of influencing legislation is required to keep a record of all contributions and expenditures, including the name and address of Page 83 2. 3. 4. each person making a contribution of $500 or more and to whom an expenditure of $10 or more is made. Detailed quarterly statements listing this information along with the purposes of the expenditures are to be filed with the Clerk of the House of Representatives. Any person who solicits, collects, or receives money for the principal purpose of influencing the passage or defeat of legislation is required t:o register with the Clerk of the House or the Secretary of the Senate. Furthermore, he is expected to provide information, on a quarterly basis, regarding his employer, his salary and expenses, his receipts and expenditures, a listing of articles and editorials he has caused to be published, and an enumeration of the proposed legislation he is employed to support or oppose. Information collected as a result of the Act shall bg published quarterly in the Congressional Record. Although this bill seems to provide adequate checks on excessive and inappropriate lobbying, enforcement and interpretation have taken away much of its power. The United Mine Workers prefers to use the legislative route to reform, above almost all others. The very existence of the Labor's Non-Partisan League would seem to indicate the great importance it places on working through congressional channels. Frustration has often been a companion to the 6William J. Keefe and Morris S. Ogul, The American Legislative Process: Congress and the States (Englewood Cliffs, New Jersey: Prentice-Hall, Inc., 1968), pp. 386-7. ----_.._-_ .. -. Page 84 lobbyist, however, because compromise often lessens the impact of the legislation, and enforcement of the final bill must come from the executive rather than the legislative branch. The legislative process seldom comes to a halt when the executive has signed a bill into law. In many cases, the obstacle course from bill to law is not even the most important step in the making of public policy. Much legislation is phrased in general terms to apply to a diversity of concrete situations. Law is interpreted and given new dimensions as it is applied under the direction of the executive. The need for change ii sometimes crystallized as laws are applied. THE EXECUTIVE BRANCH Without enforcement, a law is useless; without the executive branch, there would be no enforcement. Once a bill has been passed by Congress, an interest broup must look past the legislature. Generally an organization's membership is only interested in the effects of reform, not the methods of achieving it. Much of the activity of the executive branch of government centers around the President. Today, Congress waits for the Chief Executive to propose legislation. After the Farmington, West Virginia explosion which killed seventy-eight men in November of 1968, President Johnson asked Congress for a comprehensive program of mine health and safety. President Nixon, too, asked for such legislation; this eventually lead to the Federal Coal Mine Health and Safety Act of 1969. Apart. from proposing legislation, the President, also, 1Keef and Ogu1, Legislative Process, pp. 397-8. Page 86 has the power to veto bills. If an organization has failed to stop a bill in Congress, or if there is some question as to presidential approval, the lobbyist's primary interest would swing from the Capitol to the White House. Once a bill is vetoed, it is difficult to get the two-thirds vote necessary to override it, and the bill often dies. The presidential power of appointment is of vital interest to the United Mine Workers. Several Cabinet positions exert definite influence on the UMW: the Department of the Interior, the Department of Labor, the Department of Health, Education and Welfare, and the Department of Justice. Lobbyists will work diligently to secure an appointment for someone friendly to their cause; an equal amount of time and money will be used to insure that an appointment they oppose will not gain Senate confirmation. The Department of the Interior is probably of the greatest interest to the UMW because it controls the Bureau of Mines. The former director of the Bureau, John F. O'Leary gained the support of the union, but was forced to resign by President Nixon on March 1, 1970. On October 13, 1970, Nixon's second nominee, E1burt F. Osborn was confirmed by the Senate. The union is now looking to him for strict enforcement of the Page 87 health and safety laws. 2 The Departments of Interior and Justice have recently become important to the UMW as a result of the election campaign in 1969. Under the Landrum-Griffin Act, the Corrupt Practices Act, and others, the internal workings of labor organizations are now controlled by legislation, which must be enforced by the executive branch. Conferences sponsored by various departments have also become a valuable tool for the exchange of ideas. For example, following the Farmington disaster, the Department of the Interior convened a conference in Washington "to review safety questions in addition to the evident threats to the health of those who mine coal." Representatives from labor, management, the Public Health Service, the Bureau of Mines, and various universities were present at the request of Secretary Udall. 3 It is hoped that conferences of this nature can bring together the diverse groups concerned with the mining of coal to discuss issues important to the industry, and then build on those discussions. 2United Mine Workers Journal, October 15, 1970, p. 17. 3"Mine Safety: An Unresolved Issue," Appalachia, February, 1969, p. 1. - Page 88 In the past, the United Mine Workers exerted a strong influence on the executive branch of the government. More than once, John L. Lewis defied a President of the United States to achieve better conditions for the miners. Today, personality and daring are no longer a part of the union; lobbying efforts in the executive branch are not particularly strong or particularly effective. All groups do not use the courts to achieve their goals. Those who do are generally disadvantaged in the political system. For most groups, legislative or executive action is preferable to a judicial decision because legislatures and executive agencies can obtain directly what courts can achieve only by indirection. Court action may be useful in protecting group members against harm, but it is rarely useful in procuring for them positive governmental action. THE COURTS In recent years, the United Mine Workers has spent more time in court as a defendant, than as plaintiff and lobbyist combined. The numerous lawsuits which have been brought against the union for violations of the Landrum-Griffin Act, anti-trust legislation, and the Corrupt Practices Act have not endeared the judiciary to the UMW leadership. The courts are not as responsive to the desires of interest groups as are the other two branches of government. Because of this, they are not often chosen as the means for achieving reform. Also, the courts are limited in that they have no control over the enforcement of their decisions; aside from the penalties for contempt, compliance falls on the shoulders of the lower courts, the executive branch, or the individual citizens involved. lHerbert Jacob, Justice In America (Boston: Brown and Company, 1965), p. 121. Little, Page 90 Much of an organization's work with the judicial branch is on an i.nformational basis. The "amicus curiae" brief gives a group, such as the United Mine Workers, the opportunity to provide the courts with information while not being a formal participant in the case. This serves a much needed function today, especially when one considers the complexity of many suits; however, a certain amount of discretion must be used by the judges in separating the facts from biased opinions. The injunction has been a major concern of labor for many years. In the early days of organized labor, the injunction was used as a strike breaker. More recently it has been used against the UMW to halt the expenditure of union funds by the present leadership until the 1969 election controversy has been resolved. In a more positive vein, the injunction could be used to force operators to comply with rules and regulations. As the interpreters of law, the courts would playa major role in reform by legislation. The Supreme Court, with its power of judicial review, can thwart the efforts of an interest group by declaring the law it had worked for unconstitutional. Although this rarely happens, a group must never overlook the possibility. Page 91 As a result of this power, interest groups are concerned with the men who sit on the bench. In the past the UMW has had a great deal of control over the election and/or appointment of coal area judges on the local and state level. This influence is not felt on the federal level to as great an extent, so the union must lobby in the executive and legislative branches to ensure that men are not placed on the Court who would not protect the interests of labor or the UMWA. The reverence in which many people hold the judiciary, generally exempts it from the partisan political world and its "corruption." It is important for judges to deal with cases realistically, yet it is, also, important for the courts to maintain their prestige and integrity in the eyes of the people. This aura of judicial stature makes it difficult and often unrewarding for interest groups to center their lobbying efforts on the courts. PROSPECTS The termination date for the present union-management contract, the National Bituminous Coal Wage Agreement of 1968, is set for September 30, 1971. At that time either party may conclude the above agreement by giving the other party at least sixty days written notice. At the present, management is repre- sented by the Bituminous Coal Operators' Association; however, this position can be held only as long as the organization is representative of 51% of the coal produced for use or sale. The contract,which will probably be negotiated in the closing months of 1971, will have a major impact not only on the industry itself, but on the lives of almost every individual in America and many people abroad. being more depleted every year. Stock piles of coal are If coal production were to be halted in all union mines, ''blackouts'' and "brownouts" would become more than household words, they might become a glaring reality for many people. "Coal generates more than half the nation's electric power; setting aside the output from power dams, coal accounted for 58.8 per cent of the electricity Page 93 generated by fuels in 1969.,,1 This situation has further been complicated by the recent ecology movement. Coal gives off sulfur dioxide gas when burned. "The move into low-sulfur coal is worrying steel producers. Of some 800-billion tons of coal of all grades considered recoverable at present costs, only l28-billion are considered of low-sulfur coking quality.,,2 Also, the cost of installing pollution control devices in plants which burn coal is placing an additional financial burden on coal consumers. An additional financial burden has been placed on the operators as well. The Federal Coal Mine Health and Safety Act of 1969 forced management to increase safety measures and equipment. In response to this legislation, many of the smaller mines closed down because they could no longer compete and remain solvent. The large mine operators rebelled too, and asked for an extension to the dates set for the penalties which were to be levied for failure to comply with the laws. Although penalties have for the time being been suspended, inspections still continue, and the union is pushing for enforcement. lBituminous Coal Facts 1970, p. 8. 2"Coal's Prosperity," p. 68. In Page 94 addition to federal legislation, the states, too, can make rules covering mine health and safety. Further legislation at this time might cause even more mines to close. It is a diffi- cult puzzle to solve; health and safety improvements are necessary for the miners' peace of mind, yet financially, many operators cannot meet the costs which stem from these improvements. Fo11woing the past two contract settlements in 1964 and 1968, the miners expressed their discontent in a series of "wildcat strikes." These temporary work stoppages put an even greater burden on the mines which are in operation to produce more coal to compensate. Unless the union leadership places more emphasis on health and safety in the contract talks this year, work stoppages could become increasingly more frequent. It is difficult for the individual miner to be heard unless he takes dramatic and often drastic steps. In his attempts to appease the miners, however, Tony Boyle may be going too far in the promises he has been making. Ever since the 1969 election, he has, on several occasions, placed his promises before the membership. One example of this is his statement in the October 15, 1970 issue of the United Mine Workers Journal. Page 95 I pledged a year ago that we would work for a $50 per day basic wage in our next contract. I renew that pledge. I pledged to work for a $200 pension. to keep that pledge. You Union intends I pledged to work for sick pay to injured miners while they cannot work. This will be won. I pledged a Federal coal mine health and safety law with teeth. Thanks to the UMWA, this has been won. (Page 11) As has been stated previously, the addition to the pension could be disastrous to the solvency of the Welfare and Retirement Fund. While profits have increased in the coal industry, so have the costs; it will be more difficult than ever this year to win a large contract settlement from the operators. Also, with the extensive publicity which the Health and Safety Act of 1969 obtained, I find it hard to accept the fact that the miners are naive enough to believe that this legislation came only as a result of the union's efforts. Boyle may have placed himself in the untenable position of making good pledges which are not feasible. At the present time, the union president needs all the prestige he can muster; he can only achieve this by bringing his promises to reality. With increasing union demands, it is also possible that some of the mines which bargain with the UMW might be chased Page 96 into the ranks of the independent mines. It is no longer as beneficial to be considered a union mine as it was several decades ago. The United Mine Workers is at a crossroad: one road leading to a resolution of the problems which plague it; the other road leading into ever increasing turmoil and the threat of extinction. Dissent can no longer be ignored. The union leadership must become aware of the plight of the rank-and-file miner and be receptive to his demands. When Abraham Lincoln spoke of "a House divided against itself," he was referring to a nation on the verge of civil war, but is this not applicable to any organization which must come to grips with internal dissension? In 1861 our nation went to war for four long years because it could not compromise, because it failed to heed the early signs of turmoil. Is this to be the fate of the United Mine Workers of America? BIBLIOGRAPHY Books Alinsky, Saul. John L. Lewis. New York: Sons, 1949. G. P. Putnam's Caudill, Henry M. Night Comes To The Cumberlands. Little, Brown and Company, 1963. Boston: Holtzman, Abraham. Interest Groups and Lobbying. The Macmillan Company, 1967. New York: Jacob, Herbert. Justice in America. and Company, 1965. Boston: Little, Brown Jay, John; Hamilton, Alexander; and Madison, James. The Federalist Papers. Mentor Books. New York: The New American Library of World Literature, Inc., 1961. Keefe, William J., and Ogul, Morris S. The American Legislative Process: Congress and the States. Englewood Cliffs, New Jersey: Prentice-Hall, Inc., 1968. Truman, David. The Governmental Process. Knopf, Inc., 1960. New York: Alfred A. Periodicals "Boyle Takes the Oath." Newsweek, March 30, 1970, p. 72. "Coal's New Prosperity Can't Ease Its Pains." August 23, 1969, pp. 64-8. "Digging Into the Mine Workers." 1970, p. 94. Business Week, Business Week, March 14, Page 98 "Lewis Heir Faces Revolt." pp. 110 and 112. Business Week, November 15, 1969, "Mine Workers: Can They Survive Reform?" December 20, 1969, p. 32. "Miners Wanted." Business Week, Coal Age, February, 1970, pp. 106-7. "Pay Padding an Issue in Mine Vote." December 15, 1969, p. 102. "Shades of John L." U. S. News & World Report, Newsweek, December 15, 1969, pp. 83-4, 89. "The UMW vs. Jock Yablonski's Ghost." 1970, pp. 38 and 40. Business Week, May 2, "The Yablonski Murders: A Bitter Struggle for Life in the Mines Slides into Savagery." Life, January 23, 1970, pp. 36-7. "Troubles Pile Up for Most Sued Union." April 18, 1964, pp. 121-2, 126. "UMW's Family Fight Moves To Courtroom." May 3, 1969, p. 96. "Yablonski's Death Stirs Up Miners." 1970, pp. 35-6. "Yablonski's Legacy." Business Week, Business Week, Business Week, January 10, Newsweek, February 23, 1970, pp. 35-6. Armbrister, Trevor. "The Coal-Black Shame of the UMW." Reader's Digest, October, 1970. Boyle, W. A. "Coal Operators Take Full Advantage." Mine Workers Journal, October 15, 1970. The United Caldwell, Nat, and Graham, Gene S. "The Strange Romance Between John L. Lewis and Cyrus Eaton." Harper's Magazine, December, 1961. Page 99 Cupp, Stephen. 1970. "Death By Runaround." The Nation, August 31, Lawrence, David. "A Crime That Shocked the Nation." U. S. News-& World Report, January 19, 1970. Chicago Tribune. Chicago Sun-Times. March 28, 1971. April 14, 1971. The South Bend Tribune. December 31, 1970. The South Bend Tribune. March 2, 1971. United Mine Workers Journal. October 15, 1970. Special Publications Bituminous Coal Facts, 1970. National Coal Association. Congressional Quarterly, January 15, 1971. National Bituminous Coal Wage Agreement of 1968. United Mine Workers of America Welfare and Retirement Fund: Report for the Year Ending June 30, 1965, August, 1965. United Mine Workers of America Welfare and Retirement Fund: Report for the Year Ending June 30, 1970, August, 1970. -