Hearings, Reports and Prints of the Senate Committee on Labor and Public Welfare

Arrigo, Salvatore J., special counsel, Subcommittee on Labor of the
Committee on Labor and Public Welfare, U.S. Senate, Washington,
D.C., from: Robert T. Boylan, executive assistant to the director,
Welfare and Retirement Fund of the United Mine Workers of
America, September 3, 1970, with enclosure__.

Selected tables:

Fund hospital and medical care expenditures for fiscal year ending
June 30, 1970_____

West Virginia Workmen's Compensation Fund:

Cost of increasing benefits to dependents:

Table 1.-Regular subscribers__.

Table 2.-Self-insurers_.

Table 3.-All employers‒‒‒‒

APPENDICES

Appendix A. United Mine Workers of America Welfare and Retirement

Fund Handbook of Medical Health and Hospital Services_-_. Appendix B. United Mine Workers of America Report for the Year Ending June 30, 1970___.

139

163

Appendix C. United States Court of Appeals-For the District of Columbia Circuit:

Taylor Roark v. W. Boyle, et al., No. 23,138_.

186

Maude W. Reese, executrix of the last will and testament of Joe
S. Rees, Appellant v. W. A. Boyle, et al., No. 23,139.
Theo R. Fuller, appellant v. W. A. Boyle, et al., No. 23,140_

186

Shelby Collins v. UMWA Welfare and Retirement Fund of 1950, W. A. Boyle, Josephine Roche, C. W. Davis, trustees, appellants_--Appendix D. United Mine Workers of America Welfare and Retirement Fund Notice to beneficiaries_.

Appendix E. Letter to Hon. Harrison A. Williams, a U.S. Senator from the State of New Jersey from Elmer B. Staats, Comptroller General of the United States with attachment entitled:

"Actuarial Study of the Financial Experience of the United Mine Workers Welfare and Retirement Fund"

212

214

216

UMW WELFARE AND RETIREMENT FUND

WEDNESDAY, JULY 29, 1970

U.S. SENATE,

SUBCOMMITTEE ON LABOR OF THE LABOR AND
PUBLIC WELFARE COMMITTEE,
Charleston, W. Va.

The subcommittee met, pursuant to call, at 7:20 p.m., in the fifth floor courtroom of the Federal Building, Charleston, W. Va., Senator Harrison A. Williams, Jr. (chairman of the subcommittee), presiding. Present: Senators Williams, Randolph, and Schweiker.

Staff members present, Salvatore Arrigo, special counsel; Gerald Feder, associate counsel; Eugene Mittelman, minority counsel; and James Harris, executive assistant to Senator Randolph.

Senator WILLIAMS. The Senate Subcommittee on Labor will come to order. We are here this evening to conduct an on-the-spot hearing on the United Mine Workers Welfare and Retirement Fund.

Senator Randolph is from the State of West Virginia, Senator Schweiker is from the State of Pennsylvania, and I am Senator Williams, of New Jersey.

Almost 2 years ago 78 coal miners were buried alive in a coal mine. in Farmington, W. Va., and the Nation turned its attention once more to the plight of the coal miner and his family. After this trag edy this subcommittee went to the coalfields and found that coal mining is still the most hazardous occupation in the country. We learned that as coal fuels carry about 50 percent of the Nation's electrical energy, the coal miner still carries the Nation on his back, so to speak. We learned that despite a series of laws written by Congress in 1941, 1952, and again in 1966 the fatality rate per million man-hours of work in coal mining has not appreciably changed in 30 years. We learned that one out of every seven coal miners suffers a serious injury or a fatal accident each year. We learned that thousands upon thousands of coal miners suffer from black lung, a dread disease.

After my first descent into the mines I personally vowed that this subcommittee would move through the Congress the most far-reaching health and safety law in the Nation's history, and we did. Before the President signed the law in an unprecedented move, the Congress appropriated $25 million for its implementation at the urging of my colleagues who are here under the leadership of Senator Randolph.

I also made another pledge to myself as chairman of this subcommittee to not allow the mineworker's plight and the remoteness of his society to remain a constant pervading fact of this Nation's existence. The Nation's coal miners can no longer be the men society passes by and ignores. We can no longer shut our eyes between the newsmaking disasters to the hardships of those engaged in this dangerous occupa

tion. We cannot sit by and watch them and their families being torn from the little bit of security every man deserves after years of toil.

I want to also emphasize that the problems we are going to hear about tonight are not unique to the coal industry, we clearly have a national problem of inadequate protections for our workers and their families through the present pension and welfare system. It is rather obvious to me that our ultimate focus must be on broad relief for American workers and their families.

On many occasions I have been advised, both through correspondence and personal presentation, of the numerous pension and welfare problems which the miners and others across the Nation have been facing. These problems have now resulted in substantial unrest in the coalfields across the Nation. The complaints have centered themselves over matters of providing meaningful health and welfare protection for miners and their families.

I must say, I have been very deeply moved by the stories that have reached me. The stories of these men and women will speak more eloquently than any description that I can offer, and this is the reason that I wanted our committee to come here to hear the stories that are basic to the unrest that is not only troubling the miners and their families but is deeply troubling to our entire Nation.

I would like to turn to my most distinguished colleague from West Virginia, Senator Randolph.

Senator RANDOLPH. Mr. Chairman, I am gratified to have the opportunity of joining with you and with our colleague, Senator Schweiker from Pennsylvania, in the conduct of the hearing by the Senate Subcommittee on Labor here in West Virginia this evening. Because of our rather late starting of the hearing, perhaps it is best that we proceed and listen to those whom we want to hear as witnesses.

I thank you very much.

Senator WILLIAMS. Senator Schweiker.

Senator SCHWEIKER. I just want to say, Mr. Chairman, that I am glad to participate in these hearings because Pennsylvania acknowledges that only West Virginia is ahead of us in coal production. West Virginia is the only State we admit this for. So we have a very vital interest, too. I am glad to have a chance to participate and to see that we rectify, remedy, and correct the problems that Chairman Williams has so dramatically brought out through his efforts in our committee. Senator Randolph, as well, has taken a very active role in this work. Senator WILLIAMS. We will proceed with the witnesses that our staff has talked to in the days leading up to this hearing. The staff has received full cooperation from those persons that have been reached and many have indicated their willingness to come here this evening.

Mr. Luther Justice is the first witness we have listed.
We appreciate your being with us this evening, Mr. Justice.

STATEMENT OF LUTHER JUSTICE, DISABLED MINER, OF
DELBARTON, MINGO COUNTY, W. VA.

Mr. JUSTICE. Thank you. I am glad to be here.

Senator WILLIAMS. Would you tell the committee where you live and state your background in the mines?

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