Blackjewel Miners Could Get More Money From Proposed Settlement

A proposed $17.3 million settlement of a class action lawsuit would provide additional payment for hundreds of Appalachian coal miners who were suddenly left jobless by the abrupt bankruptcy of the Blackjewel mining company. 

The settlement must be approved by the judge overseeing the complicated Blackjewel bankruptcy case. Although it is not yet final, attorneys for the miners call the agreement a “major victory” in bankruptcy court, a venue that is often not favorable to workers’ claims. 

Blackjewel miners made national headlines last summer with a nearly two-month protest that blocked a load of coal on railroad tracks in eastern Kentucky. The company’s sudden and chaotic bankruptcy left about 1,700 miners in Kentucky, Virginia, West Virginia and Wyoming out of work. Many of them found that their last paychecks had been “clawed back,” or removed from bank accounts.

The combination of protests, legal action, and intervention by the U.S. Department of Labor finally got most of the miners the pay they were owed. The proposed settlement filed Tuesday with the federal bankruptcy court would get each miner an additional payment — the equivalent of 44 days of pay — from the Blackjewel estate for penalties for violating a federal law known as the WARN Act. 

“What our settlement focused on was penalties for the late payment of those wages and severance pay,” said Sam Petsonk, one of the lawyers representing the Blackjewel miners. 

Credit Courtesy of Ned Pillersdorf / Ohio Valley Resource
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Ohio Valley Resource
An attorney briefs miners attending the Blackjewel bankruptcy hearing.

“If we recover the full $17 million, that is almost unheard of in bankruptcy,” Petsonk said. “Even securing this [agreement] is a major victory for miners in bankruptcy court.”

Stern WARNing

The class action lawsuit Petsonk and other attorneys filed had sought penalties under the Worker Adjustment and Retraining Notification Act of 1988, known as the WARN Act. That law requires large employers to provide their workers with 60 days of advance notice before a plant closure or mass layoffs that would affect more than 50 people. 

The WARN Act, first proposed by Ohio Democratic Sen. Howard Metzenbaum, is intended to give workers and their families time to prepare for the loss of a job, and it was viewed as an important labor victory in an era of growing global competition and declining employment in U.S. manufacturing. (One telling historical footnote: The bill became law without President Ronald Reagan’s signature.)

“This is probably the most flagrant WARN Act violation in history,” said Ned Pillersdorf, an attorney in Kentucky representing the former Blackjewel miners. “No notice, and they clawed back paychecks,” he said.

Petsonk, who is also the Democratic nominee seeking the attorney general’s office in West Virginia, said the WARN Act has become more important for coal-dependent communities as the industry declines.

“It is a powerful law and we use it a lot,” he said. Those cases have included instances where the mining company was the largest employer in a small town. A few of the WARN suits were against mines belonging to the family of West Virginia Gov. Jim Justice.  

Credit Tiller Press / Ohio Valley Resource
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Ohio Valley Resource
This story is part of a series revisiting themes, places and people in the new Ohio Valley ReSource book, “Appalachian Fall.”

“The WARN Act provides some cushion, it allows people to pivot,” by pursuing job training or education, Petsonk said. “When we use our laws we can really protect our people.” 

Blackjewel’s Multifaceted Bankruptcy   

The settlement agreement now awaits a hearing in federal bankruptcy court and then a ruling by the judge assigned to the Blackjewel bankruptcy case, Benjamin Kahn. The outcome is far from certain.

“It’s probably one of the most complicated bankruptcies,” Pillersdorf said. The court docket reflects hundreds of claims from vendors and other companies seeking millions of dollars in payment, and government agencies seeking millions more for unpaid royalties and environmental damage left behind by mining.  

Several creditors in the case allege that former Blackjewel CEO, Jeff Hoops, drained company revenue into other accounts and activities. The settlement agreement includes a $125,000 payment from Hoops, his son, and another company associated with his family, Lexington Coal Company. 

When the protesting Blackjewel miners were on the tracks last summer, Pillersdorf warned them that bankruptcy court was a bit like a funeral home. No one leaves happy.

Credit Sydney Boles / Ohio Valley Resource
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Ohio Valley Resource
Felicia Cress on the first day of the miners’ protest.

“The general rule is with wage earners in bankruptcy court, you get screwed,” he said. He is hopeful, however, that the settlement agreement will give miners a better chance. “This settlement, I think, is fair. The problem has always been figuring out what is left in the Blackjewel estate.”

This story is part of a series revisiting themes, places and people in the new Ohio Valley ReSource book, “Appalachian Fall.”

 

“No Pay, We Stay.” A Look Back At Miners’ Protest That Rocked Appalachia

 

It’s a quiet, foggy morning on Highway 119 in Cumberland, Kentucky. A railroad track runs along the highway, and here, Sand Hill Bottom Road crosses the tracks and turns to the right, leaving a rough triangle of gravel spattered with trash. 

You can hear crickets chirping, birds twittering, cars passing on 119. A billboard advertises Portal 31, a coal town tourist attraction. 

If you didn’t know any better, you’d think this was just a nondescript intersection in a nondescript bit of highway. But one year ago, this intersection played host to a two-month long protest of a kind that hadn’t been seen in coal country for decades. 

 

Credit Sydney Boles / Ohio Valley ReSource
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Ohio Valley ReSource
Site of the Blackjewel protest in Cumberland, KY.

When Blackjewel went bankrupt, it left hundreds of coal miners in four states without weeks worth of pay. So for 59 days, coal miners and their loved ones blockaded this railroad track to prevent $1.4 million worth of coal from leaving. 

“If they can move this train, they can give us their money,” miner Shane Smith said at the time. 

The protest was sometimes monotonous, sometimes raucous.

The federal Department of Labor intervened, arguing the coal had been mined in violation of the Fair Labor Standards Act, and could not be moved until the miners were paid. 

Threaded through thousands of densely worded bankruptcy court filings, it was revealed that Blackjewel’s former CEO Jeff Hoops had funneled money out of the company and into his own pockets and those of a close circle of associates. 

The railroad blockade ended on September 26, 2019, with a whimper, not a bang. The last two protesters, miner Chris Rowe and his wife Stacy, cleaned up the last of the protest’s trash, climbed into their truck, and drove away. The miners had not yet been paid back for weeks’ worth of work that were now months behind them, but they had made a point. They had drawn attention to the decline in the coal industry and the painful impact it had on communities that had long relied on the black gold to survive. 

Now, after witnessing the industry decline over the course of decades, Ohio Valley coal communities face a more urgent cliff, one caused by the same strand of RNA that is reshaping life around the globe: the novel coronavirus, COVID-19. 

The Slow Decline

Coal production has been on the decline in central Appalachia for decades, faced with competition from coal from other regions, as well as cheap fracked gas,.says Hannah Pitt, a senior analyst at the research firm Rhodium Group. As the U.S. produced more of its electricity from natural gas and renewable energy, coal plants were shuttered and coal mines closed.

“A quarter of the U.S. coal fleet has retired since 2005,” Pitt said. 

The closures led to a wave of bankruptcies. And with the bankruptcies came layoffs: Just 2,582 coal miners were employed in the eastern Kentucky coalfields in the first quarter of 2020, before the coronavirus-related economic shutdown had taken its full toll. 

“Early on in this pandemic ⁠— March, April, and even into May ⁠— many of our members in the mines were working short weeks, they weren’t working full shifts,” said Phil Smith, a spokesperson for the United Mine Workers of America, the union representing coal miners. “Other mines were just completely furloughed.”

Credit Sydney Boles / Ohio Valley ReSource
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Ohio Valley ReSource
A supporter with a protest sign made from a pizza box.

Coal production in eastern Kentucky declined by 39 percent between the first quarter of 2019 and the first quarter of 2020, a trend industry watchers expect to accelerate in the coming months. 

“In our scenarios where we look at what happens now that we find ourselves in this pandemic, coal is going to be hit even harder. So, out to 2030, we expect more than 50 percent of coal plants will retire,” Pitt said. 

Pam Thomas, a senior fellow at the left-leaning Kentucky Center for Economic Policy, said the bankruptcies and layoffs had further downstream consequences on county budgets. 

“With the coal companies withdrawing and a lot of them declaring bankruptcy or just not paying their taxes … I just think some of these counties are not going to be able to make it.”

A Quick Death

Blackjewel wasn’t the only coal company to declare bankruptcy in 2019: Cambrian Coal folded last June, and Murray Energy, a giant in the industry, also folded later the same year. 

Now, nearing the anniversary of the Blackjewel protest that rocked Appalachian coal country, Kentucky-based mining company Rhino Resource Partners has also filed for bankruptcy protection. 

Rhino was one of several companies that purchased assets from Blackjewel in its bankruptcy. 

The trend is part of what University of Chicago assistant professor and coal bankruptcy expert Josh Macey has called “bankruptcy as bailout”: a pattern of misuse of the bankruptcy process in which environmental reclamation costs and miners’ health obligations are loaded onto companies that have no ability to pay them, freeing the original company to continue operating without the burden of those debts.

The industry is also seeking relief from Congress to help it muddle through the market challenges posed by the pandemic. The Ohio Valley ReSource reported in March that the National Mining Association asked Congress for $220 million in relief from taxes that support some coal miners who are disabled by their work in the mines. That relief has not been granted. 

Coal companies have, however, received significant federal aid from the Paycheck Protection Program: 51 coal firms in the Ohio Valley alone received as much as $119 million collectively. Rhino received $10 million shortly before it declared bankruptcy. 

What’s Left Behind

Eastern Kentucky is dotted with memorials to its coal-mining heyday: an underground museum, a tribute to those who died of black lung disease, countless bumper stickers proclaiming the driver a “Friend of Coal.” 

The intersection of Route 119 and Sand Hill Bottom has no such marker. 

Still, traces of the protest remain. By the tracks, blackened rocks mark what might once have been a campfire; on the rusted rail itself linger traces of spray paint that once read “NO PAY WE STAY.” 

Credit Courtesy of Ned Pillersdorf
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An attorney briefs miners attending the Blackjewel bankruptcy hearing.

Reminders linger online, too. There’s an active Facebook group, 4,000 members strong, where former Blackjewel miners and their family members share gripes and victories, and answer one another’s questions. 

Pain and anger linger, too. “Myself and my comrades at Blackjewel lost cars, lost homes, lost retirements, and many had to leave here to seek employment,” said Brandon Middleton, a former Blackjewel miner who spent time at the 2019 blockade. 

 

Appalachian Labor Songs And Punk Rock Converge In KY Youth Empowerment

Girls Rock Whitesburg in Whitesburg, Kentucky is a music camp for female, gender-fluid, non-binary, and trans youth. Over the course of a week campers learn an electric instrument, form a band and write songs. At the end, they perform in front of a live audience. While the camp focuses on electric music instruction, participants also learn how music is tied to social justice.

Last summer, in a special report as part of the Inside Appalachia Folkways Project, Nicole Musgrave followed two campers who reinvented a traditional protest song to respond to events in their community. In 2018, Musgrave volunteered at the camp during its inaugural year.

Voicing Opinions Through Music

It was the second day of camp, and one of the newly-formed bands was experimenting with playing the song “Psycho Killer” by the Talking Heads. The drummer of the band was 18-year-old Sheyanna Gladson of Cumberland, Kentucky.

“I wanted to play music for a really long time … because I go to a lot of shows but I never played. Even though I obviously wanted to,” Gladson explained.

Her bandmate was 17-year-old Adeline Allison of Harlan, Kentucky. “I’ve always been drawn to music, but I’ve only played music with men. Which is fine. But I’ve never really met any other women who play music before,” Allison said.

Credit Nicole Musgrave / West Virginia Public Broadcasting
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West Virginia Public Broadcasting
Adeline Allison (left) and Larah Helayne during band practice. They were two of several campers who returned for the second annual Girls Rock Whitesburg.

Girls Rock Whitesburg launched in the summer of 2018, part of an international network that supports camps like this all over the world. This was Gladson and Allison’s second year at camp. They both said last summer was empowering.

“I was able to find some confidence musically and personally,” Allison explained.

“We don’t realize how much of a necessity that is to have confidence in ourselves. That’s not conceited, that’s not bad to love yourself, you know?” Gladson said.

Gladson, Allison and their third bandmate Larah Helayne were all camp interns in 2019, so they decided to call their band The Interns. Together, they wrote the camp’s theme song, which features lyrics that declare, “I take up space and use my voice. I’m not afraid to make loud noise.”

“It’s just such an important part for all these young girls to remember. Because so many girls feel like they don’t have room to talk. Or even if they do, no one’s going to value their opinion. But that’s not true at all,” Gladson said.

Credit Nicole Musgrave / West Virginia Public Broadcasting
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West Virginia Public Broadcasting
A motivational poster decorates the Boone Building in downtown Whitesburg, Kentucky where most of the Girls Rock activity takes place.

Voicing opinions, especially on social issues, is a big part of what Girls Rock Whitesburg is about. In addition to music instruction, campers participated in workshops on topics like sex ed and anti-oppression, and they discussed difficulties in their personal lives and conflicts happening in the world.

Credit Nicole Musgrave / West Virginia Public Broadcasting
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West Virginia Public Broadcasting
The camp schedule posted on the wall shows activities that include instrument instruction, sex ed, meditation, and an anti-oppression workshop.

This past year, some campers wrote songs about their experiences with bullying and sexism. In 2018, Gladson and her band wrote a song called “Melt the ICE,” to speak out against Immigration & Customs Enforcement detaining migrant children at the U.S.-Mexico border. In the song, Gladson wails, “Claustrophobic. There is no space. If it was your kid, then what would you say?”

Kudzu Punks

Girls Rock Whitesburg is part of a long Appalachian tradition of protest music written by women—women like Florence Reece. In the 1930s, Reece penned the well-known protest song “Which Side Are You On?” as a response to the bloody labor struggles she witnessed in her home in Harlan County. During the 1930s when Reece wrote it, other female activists in eastern Kentucky were also using music to speak out against injustices in their communities. In the song, an unaccompanied Reece condemns coal operators and law enforcement, and calls on miners to organize.

On the surface, songs like “Which Side Are You On?” that draw on the ballad and old-time music traditions might not seem to have much in common with the punk tradition that many Girls Rock campers and organizers draw from. But there is more in common than meets the eye. The common thread is dissent.

At Girls Rock Whitesburg, the traditions mix and meld. Organizer and music instructor Mitchella Phipps even has a name for it.

“I just like to call us kudzu punks … Whether it’s a fiddle or whether it’s an electric guitar, it’s kind of that same thing. We’re telling stories and we’re expressing things that happened to us in creative ways,” Phipps said.

Another instructor Carrie Carter explained the overlap between the past and present. “A lot of what happens in old-time music in the 1800s and early 1900s is fighting against oppression and fighting ‘The Man’ and fighting systemic issues,” Carter said.

Gladson said she hears similar strains in the music she and Allison are learning to play at Girls Rock. “Punk music’s just kinda saying what you feel and what you think should be said. Just expressing yourself. And you can do that where they can definitely hear you because you’re so loud, you know?”

Music Meets Activism

Following in the path of Florence Reece, the Girls Rock campers are learning the connection between music and activism. When it came time for The Interns to choose a song to cover during their final camp performance, they chose “Which Side Are You On?”

Gladson said they chose “the old song about the miners in Harlan. Just because of what’s happening right now.”

At the time of this interview back in the summer of 2019, dozens of coal miners and their families had taken up residence in the middle of a train track in Harlan County, just 20 miles from Whitesburg. They were blocking a shipment of coal to protest against their former employer, Blackjewel LLC, which had recently gone bankrupt, laid them off, and then failed to pay their remaining wages.

“My dad was playing that song when he was driving me home yesterday. We passed the protesters in Harlan. The miners who are protesting on the tracks in Cumberland. I’ve always loved the song.…So it’s kind of cool to see it be relevant again,” Allison explained.

Credit Lou Murrey
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Larah Helayne (left) wears a Girls Rock Whitesburg shirt while holding a banjo and a protest sign at the Blackjewel blockade in Cumberland, Kentucky. Helayne and several other Girls Rock campers visited the blockade to show support for the protesting miners and their families.

Which Side Are You On?

Credit TRB Photography
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All of the Girls Rock campers join The Interns on the Mountain Heritage Stage in Whitesburg, Kentucky for a group performance of the camp theme song.

On The Interns’ final day of camp, a crowd gathered on a grassy hillside for the band’s final performance. The Interns played the camp theme song they wrote, along with a cover of the song “I Wanna be your Girlfriend” by Girl in Red. They closed their set with a performance of “Which Side Are you On?”

Along with electric guitar, drums, and bass, The Interns added fiddle and banjo to their version as a nod to the song’s place in old-time music repertoires.  Girls Rock organizers and instructors Mitchella Phipps and Carrie Carter accompanied the band. 

Once everybody tuned their instruments and found their place on stage, The Interns bandmember Larah Helayne introduced the song with words of support for the Blackjewel mining families: “Support miners. Support people over profits. Support these mountains. It is a place worth fighting for and not just a place worth leaving. So this one is called “Which Side Are You On?”

Credit Paulina Vazquez
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Larah Helayne, Adeline Allison, Mitchella Phipps, and Carrie Carter prepare to play their version of “Which Side Are You On?” Along with playing electric instruments, many of the Girls Rock campers and instructors are also old-time musicians.

This story is part of the Inside Appalachia Folkways Reporting Project, a partnership with West Virginia Public Broadcasting’s Inside Appalachia and the Folklife Program of the West Virginia Humanities Council. The Folkways Reporting Project is made possible in part with support from Margaret A. Cargill Philanthropies to the West Virginia Public Broadcasting Foundation. Subscribe to the podcast to hear more stories of Appalachian folklife, arts, and culture.

Former Blackjewel Miners Reflect On Changes In Coal Country

On a blistering August afternoon in Cumberland, Kentucky, David Pratt, Jr. stood in the middle of a two-lane highway, holding a sign that read “COAL MINERS AND TRUCKERS AGAINST CORPORATE AMERICA.” A few yards away, his father, David Pratt Sr., who is graying but still muscular, leaned back in a lawn chair perched precariously on the crossties of a railroad. His eyes focused on the spot where the tracks disappeared around the bend and more than $1 million worth of coal idled in train cars.

Since Junior was a boy, the two have job-hopped or taken pay cuts to work side by side underground. Junior tried to make sure his dad didn’t work too hard; Senior often challenged him, saying he was just as capable as the younger men. Now, they were together again, 20 days into a protest of their former employer, Blackjewel — once the nation’s sixth largest coal producer. In July, the company declared bankruptcy, laid off 1,700 coal miners, and clawed paychecks from their bank accounts.

The miners said they wouldn’t leave until they were given the money they were owed. About 400 in Kentucky couldn’t pay their bills. Utilities cut off services. Banks repossessed cars. Families moved to find other work. Junior had to leave often to care for his kids, but Senior and his wife, Wanda, stayed on the tracks until the bitter end — 59 days after the blockade began.

Credit Courtesy of the Pratt family.
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David Pratt, Jr., front right, was a leader in the summer, 2019 coal train blockade.

Soon after they dispersed, the media, the public, and the lawmakers all moved on. A court battle between Blackjewel and the U.S. Department of Labor won the miners their pay, and the train chugged out of Cumberland, another chapter of Appalachia’s long labor rights history closed. I reported on the protest for months, and it felt like an unsatisfying ending: Miners still without work, mine land still degraded and abandoned, coal executives still multimillionaires.

But the Pratts told me it was a turning point.

I met with them, along with their families, on a rainy February night at the Gordon Volunteer Fire Department in Letcher County, Kentucky. We huddled close on plastic folding chairs. Once in a while, a car came around the steep switchbacks crossing Pine Mountain, its headlights strobing through the windows of the dim and cavernous meeting hall like a coal miner’s headlamp.

The Pratts’ lives have changed drastically. David Sr. is on the road for weeks at a time, driving for a trucking company, and David Jr. and his wife work at the local community college while getting their nursing degrees, earning $7.25 an hour. With the COVID-19 pandemic and temporary closure of the school, however, their lives have once more been thrown into chaos. Wanda and Wendy are currently staying home, while Junior has taken the navigator’s seat beside his dad.

Despite the economic hardships, neither man is angry. Senior said the Blackjewel protest “proved to the younger generation that there’s things that can be done,” and he rejects the notion that he lost anything. “All it done was open another door up,” he said.

As we talked late into the evening, Senior gazed proudly at his son. “People don’t like it, but this is the biggest blessing that ever happened to us, to my family. It stopped him,” he said. “That’s it. He’s the last of the Pratts going into the coal mines. His son will probably never go in. And to me, that’s worth every penny.”

Growing Up Coal

David Pratt Sr. was born in 1962 in a coal camp in Vicco, Kentucky, to a long line of coal miners who spent most of their lives underground. He started mining at age 17, making $11.75 an hour — about $42 an hour today. “Big money,” Senior told me, eyes wide. “And money was hard to come by.” He liked the work: It was so quiet you could hear a pin drop or a rat scamper a mile away. If you turned off your headlamp, it was so dark you couldn’t see your hand in front of your face. And he liked the camaraderie. “You’d help your worst enemy in a coal mine,” he said.

The first time Junior went to work with his dad, he was only eight. “I instantly fell in love with it,” he said. “The environment, the people.” As he rode the rail car like a roller coaster, he decided he’d be a coal miner, just like his dad and his papaw.

Credit Courtesy of the Pratt family.
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David Pratt. Jr. and Wendy Pratt have transitioned to nursing careers since the Blackjewel bankruptcy.

While Junior was in high school, his father was diagnosed with Stage 4 Hodgkins Lymphoma  and given three months to live. Senior said his itch to get back underground kept him alive. On his trips to chemotherapy, he drove past an exhaust fan where treated air escaped a mine. “It’s just like [when] you go home and you smell your mama’s house,” he said. The same company gave him his job back in 2007, after six years away as he fought the disease. “It felt good that they had enough respect for me to do that for me,” he said.

Senior wanted his son to get an education, but Junior dropped out of community college and got a job underground for $17 an hour instead. Senior was was hot with anger, but he said deep down, he knew it would happen. “Coal mining is bred into you,” he told me.

From the time the Louisville and Nashville Railroad Company laid tracks across eastern Kentucky in 1911, the region’s economy was tied to the fortunes of the black rock and the whims of the coal barons who controlled it. Companies built coal towns, like the one Senior was raised in, and used a scrip economy — money they created that could only be used at their stores — to keep workers beholden to them. Throughout the century, miners unionized to win shorter workdays, higher pay, and safer working conditions, but they faced threats and violence from the government and coal companies.

By the time Junior got underground, the industry was changing. A glut of cheap natural gas and federal subsidies for renewable energy in the last decade made coal a less desirable source of energy, and mechanization in the mining industry meant companies needed fewer employees. Miners have told me they would regularly go into each shift prepared to be laid off by the end of it. 

New safety regulations and procedures were increasingly at odds with the practices of Senior’s generation — they took care of things themselves. So if his men said there was a problem, Senior fixed it himself, instead of alerting authorities. When bosses started recommending the men wear bulky respirators to protect them from black lung, he declined to do so. He couldn’t spit tobacco through a respirator.

Wavering Trust

Black lung disease, or coal worker’s pneumoconiosis, takes root when tiny particles of coal and rock dust get lodged in the networks of lung tissue, restricting the flow of oxygen. The disease can be fatal; there is no cure. People who suffer from it have told me it is like drowning on dry land.

A 2018 investigation by NPR found that rates of the most severe forms of black lung disease are far more prevalent than experts previously believed. Epidemiologists at the National Institute for Occupational Safety and Health report one in five experienced central Appalachian coal miners has some stage of black lung. Miners working as roof bolters — installing supports in the rock that keep mines from caving in — are the most likely to get sick.

Both Junior and Senior worked as roof bolters for most of their careers. Senior doesn’t want to say if he has black lung, and Junior is worried that eventually, he may see the effects of his work in the coal mines. He thinks he got out in enough time — unlike the majority of his family.

“My papaw had it,” he said, looking at his father.

Senior jumped in: “His daddy.”

“My uncles,” Junior said. “I think my papaws on both sides had it.”

“Yep, we lost James on account of that,” Senior said.

Junior finished for him. “About every male in our family that worked in the mine had it.”

Senior isn’t angry or sad when he talks about the disease, and doesn’t place blame on the coal companies or regulators, despite the fact that the companies and regulators clearly hold some of the blame. “Nobody held a gun to my head. I understood the consequences.” He told me he had a choice to go into mining: He could have been a logger, or worked in a restaurant “flipping burgers,” or gone to college and moved away.

His son, who is 30 now, sees things a little differently. Coal mining is the most accessible way to make a living wage, even if the industry is unstable (Junior skittered between nine different companies in the 10 years he worked underground). Unemployment is higher in many eastern Kentucky counties than in the rest of the country. Recently, industrial parks and renewable energy projects have been pitched as solutions, but many have not yet materialized: Funding hasn’t come through, strip-mined land is unsuitable for building, or market dynamics changed. It’s hard for residents to place any faith in sustainable economic development ideas.

The Pratts’ trust in coal companies has wavered, too. In the winter of 2018-2019, both were working for Blackjewel in a mine near Cumberland. It was -6 degrees outside, but with the airflow, it felt closer to -12. Water leaked in the entryway, and spray that went up liquid clattered to the ground as ice. Junior got wet trying to fix the leak. He remembers coughing, struggling to breathe, and then nothing. His men found him lying face-down in the entryway, and he was taken out in an ambulance. Senior was a mile down the road at an extension of the same mine. “They didn’t even call me,” he said. It felt like a slap in the face. “They didn’t care. They had no respect.”

In Our Blood

Junior and Senior spend more time with their families now that they have new careers. Senior makes about half what he did working for Blackjewel, but he’s above ground to see the sun rise for the first time in 40 years.

Credit Courtesy of the Pratt family.
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David Pratt Sr. walks with a grandchild.

Most mornings, at least until the coronavirus hit, Junior and his wife, Wendy, dropped off their children at her parents’ house and headed to Southeast Community and Technical College in Cumberland, less than a mile from the site of the months-long protest. They worked minimum wage jobs scanning documents in the art department while they waited to find out if they got into nursing school. When the school closed due to the coronavirus pandemic, the couple found themselves once more out of a job.

The number of people employed in coal mining in Appalachia has dropped most years since the 1980s. Many families leave in search of other work, and some, like Senior, have become truck drivers. Junior’s decision to go into nursing makes him an outlier, but he is not alone in seeking further education. Many former miners enter job training programs — some of which have questionable results or lead workers to jobs that are likely to vanish due to offshoring or automation.

Blackjewel’s bankruptcy was just one of eight major coal company bankruptcies last year, despite President Donald Trump’s attempts to prop up the struggling industry. Both of the Pratts voted for Trump in the 2016 election, and plan to do so in 2020; they’re still worried about the ripple effects of coal’s decline in Appalachia. “This economy around here is solely based off of mining,” Junior said. “I mean, as bad as I hate to say that, it is.”

Both men repeatedly told me coal mining was in their blood, but they were glad to be leaving it behind. I asked how they could hold both of those things simultaneously.

Senior gestured behind him. His granddaughters, baby Willow and 6-year-old Arieunna, were dozing on their mother’s and grandmother’s laps.

Cadien, who is 8, practiced his baseball swing with a stick he’d found in the fireplace. Cadien would probably never be a coal miner, Senior said.

“That right over there justifies everything. That’s what this whole mess has done. There’s going to be something better for him.”

This story was published in collaboration with Southerly, an independent, nonprofit media organization that covers ecology, justice, and culture in the American South.

Blackjewel Miners Get More Of Their Pay As Labor Department Acts Against Bankrupt Company

Coal miners who went without pay when mining company Blackjewel declared bankruptcy this June are one step closer to receiving lost wages. The checks come weeks after some of the miners ended a long-running protest, and months after the federal Department of Labor first intervened to allege the company violated labor laws in the month before it folded.

Rumors of a deal circulated early this month, and in consent orders filed in U.S. district courts in Kentucky and Virginia, Blackjewel committed to pay more than $5 million to miners.

The bankruptcy drew widespread attention this summer when a group of Blackjewel miners blocked a train full of coal to protest unpaid wages. The protest lasted 59 days and ended after the last remaining miners found work or had to return to other obligations.

According to a press release from Kentucky Gov. Matt Bevin, more than 600 coal miners from Kentucky’s Black Mountain and Lone Mountain mines will receive pay following agreements between the coal company and the Department of Labor.

“This means a whole lot.” said Stacy Rowe, wife of former Blackjewel miner Chris Rowe. “Getting this check, it’s going to pay off some of the bills we owe, and it’s going to get us started when we start driving.”

Chris Rowe has taken a job as a truck driver since the bankruptcy. Blackjewel owes Chris about $6,000, Stacy said.

“Today is a great day and one we’ve longed to see come,” said Harlan County Judge Executive Dan Mosley in the release. “My heart is overjoyed for these hardworking folks who took a stand in a professional way to say workers shouldn’t be treated this way.”

“Although we’re certainly relieved that these miners are finally getting paid, it took three and a half months, and that’s far too long,” said Ned Pillersdorf, an attorney who is representing Blackjewel miners in ongoing litigation.

Pillersdorf says the miners will continue to pursue additional claims against Blackjewel as well as its former CEO. The Kentucky Labor Cabinet said it will continue to pursue litigation against the company for failure to pay a performance bond.

It is unclear whether the checks scheduled to be delivered to Blackjewel miners will include compensation for lost health care benefits, child support payments, or paid time off.

Blackjewel Miners Likely To Receive Pay In DOL Deal

The U.S. Department of Labor and a company associated with Blackjewel agreed this week to put nearly $5.75 million toward coal miners left unpaid in the company’s chaotic bankruptcy.

The July 1 bankruptcy of one of the nation’s largest coal companies left 1,100 coal miners in Kentucky, Virginia and West Virginia out of work and without weeks of pay.

The potential deal comes after a nearly two-month-long protest by unpaid miners, who blockaded a railroad to stop over a million dollars worth of coal from leaving Harlan County, Kentucky. The U.S. Department of Labor intervened with a motion supporting the miners’ claim that delivering the coal would violate fair labor standards.

Ned Pillersdorf, an attorney representing miners in Blackjewel’s eastern division, said if the miners’ claims are not resolved soon, Harlan County and neighboring impacted counties could experience recessions in their already tenuous economies.

While the deal has not been formalized, Pillersdorf said he expects a firm commitment in the coming days. Pillersdorf said in exchange for the backpay, the Department of Labor will withdraw its motion to stop coal from leaving Harlan County over fair labor violations.

I’m thrilled with the Department of Labor,” Pillersdorf said. “It’s a very positive step, and it sounds like it’s going to happen.”

The funds would likely come from Blackjewel Marketing and Sales Holdings, the entity that owns the approximately $1.4 million in coal the miners blockaded. But BMSH only has one customer: Blackjewel itself. And Blackjewel has long maintained it does not have the funds to compensate its former employees.

“I just hope it covers at least our bounced check,” said David Pratt Jr., a former Blackjewel miner who has not yet been paid for his last weeks of work for the bankrupt firm.

The Appalachian miners will proceed with claims against Blackjewel regarding their 401(k)s and vacation time, as well as their original wage claims. The agreement with the Department of Labor, however, would reduce the value of that claim.

A spokesperson for Blackjewel could not immediately answer a request for comment.

Further hearings to finalize the deal and pursue miners’ additional claims are being scheduled for later this month.

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