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 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.

Former Blackjewel Miners End Railroad Blockade In Kentucky

The nearly two-month blockade of a Kentucky railroad track is coming to an end as unpaid coal miners end their protest in order to take new jobs, start classes, or move away from their coal-dependent communities.

When coal company Blackjewel abruptly declared bankruptcy in July, it left some 1100 Appalachian coal miners in Kentucky, Virginia, and West Virginia without pay. On July 29, five miners blockaded a train full of coal preparing to leave a Blackjewel facility in Harlan County, Kentucky. The miners’ rallying cry was “No Pay, No Coal.”

But after 59 days on the tracks, the protest is coming to an end.

Felicia Cress is married to a former Blackjewel miner, and has been at the protest since the first day.

“This happened because we got shafted, which happens all the time,” Cress said. “You got these rich people that s*** on these poor people, and people just overlook it.”

She said even though her family has to move on, the relationships forged through the protest will stay with her.

“It was a bad situation that made us come together, stay there day and night, through the rain, through the blazing sun,” she said. “We have now friendships, you know, we have a bond.”

Felicia’s husband is currently looking for work. She said her bank has threatened to foreclose on her home unless she finds money for her mortgage payment by Saturday.

Hundreds of Blackjewel miners in Kentucky and Virginia have still not been paid. But the protesters can claim some important victories.

West Virginia miners received owed wages earlier this month. The protest drew international attention, helped win miners a portion of their back pay, and highlighted the state’s failure to collect bond payments from companies like Blackjewel, as the law requires.

The train load of coal the miners blocked will remain where it is until a ruling from a West Virginia bankruptcy judge. That ruling is expected in October.

Paychecks Cut For W.Va. Blackjewel Miners, KY And VA Still Waiting

West Virginia employees of coal operator Blackjewel LLC have received their final paychecks more than two months after the company declared bankruptcy on July 1. 

In an agreement reached last week between the Department of Labor and the company, Blackjewel cut paper checks for all owed wages to a few dozen employees working at the company’s Pax Mine in Fayette County, West Virginia. 

 

While good news for former West Virginia employees, about 1,000 miners in Kentucky and Virginia are still owed millions of dollars in back wages. 

Christina Burgess’ husband, Greg, ran heavy equipment at the Pax Mine. The 20 year coal mining veteran had been laid off before, but the family had never before experienced the fallout from a paycheck bouncing, as Greg’s did in early July. 

“It’s been unreal,” Christina Burgess said. 

The Burgess family received Greg’s owed wages late last week, but is still waiting for the check to clear a bank hold. 

Blackjewel’s bad check created a series of challenges. The first few unemployment checks the family received went straight to the bank to get the account out of the red. In total, Christina said Blackjewel’s bankruptcy has cost her family about $3,000 in penalties and fees. 

Greg quickly found new work after the Pax Mine closed and the family had some money saved in preparation for a downturn in the local industry. Christinia said she empathizes with younger miners who were hit hard by Blackjewel’s sudden bankruptcy. 

As one of the administrators for the Blackjewel Employees Stand Together Facebook group, she has heard many stories of families unable to pay their bills as a result of not being paid by Blackjewel. She expects the fallout from Blackjewel’s bad checks to have long-term consequences as well. 

“Everybody that’s involved in this right now their credit score has been damaged because of this,” Christina said. “And that’s hard to come back from when you when your credit starts going down.”

She said she reached out to more than three dozen West Virginia state senators and Attorney General Patrick Morrisey, but heard nothing back. She said she feels abandoned by West Virginia lawmakers who were slow to advocate on behalf of stiffed workers in the bankruptcy court and haven’t pushed utility companies or others to offer leniency to struggling Blackjewel families. 

“They could have at least came in and said, you know, ‘don’t send turn off notices for the power bills, give them a little leeway,’” she said. “Nothing. We didn’t receive anything.”

The Pax mine is now owned by Tennessee-based Contura Energy. About 1,000 Blackjewel employees in Virginia and Kentucky are still awaiting millions of dollars in owed wages. A protest on the railroad tracks in Harlan County is in its eighth week.

Millions of dollars worth of coal mined by former Blackjewel employees is sitting in railcars. The Department of Labor says the coal is “hot goods” and can’t be moved or sold until the workers who mined it are paid for their work. 

Last week, the bankruptcy court in West Virginia overseeing the case gave the Labor Department, Blackjewel, and Blackjewel Marketing and Sales (BJMS) — buyer of the disputed coal — until Sept. 23 to submit a series of briefs to the court. A final set of briefs is due Oct. 1.

The judge said he expects to review the documents “swiftly” and rule soon after whether the coal should remain sitting until the Blackjewel workers who mined it are fully paid, or if it can be sold.

BJMS has proposed paying $1.4 million for the coal. The Labor Department says back wages owed to workers directly involved in producing the “hot goods” coal in Kentucky and Virginia totals more than $3 million.

 

Timeline for Briefs Set in Blackjewel ‘Hot Goods’ Case, Miner Pay Remains Murky

 

The federal judge presiding over coal operator Blackjewel LLC’s bankruptcy has set a timeline in the “hot goods” dispute over millions of dollars worth of coal sitting in railcars in Kentucky and Virginia.

Frank Volk, chief U.S. bankruptcy judge for the Southern District of West Virginia, gave the Labor Department, Blackjewel and Blackjewel Marketing and Sales (BJMS) — buyer of the disputed coal — until Sept. 23 to submit a series of briefs to the court. A final set of briefs is due Oct. 1.

 

Volk said he expects to review the documents “swiftly” and rule soon after whether the coal should remain sitting until the Blackjewel workers who mined it are fully paid, or if it can be sold.

While the timeline provides some clarity about the future of the coal in question, Friday’s hearing highlighted continued uncertainty about if and how hundreds of miners across the region will be paid millions of dollars in owed wages. 

 

The Labor Department says the coal is “hot goods.” Under the federal Fair Labor Standard Act, workers must be paid at least minimum wage or the things they produce can’t legally be moved or sold. More than 1,000 former Blackjewel employees across West Virginia, Kentucky and Virginia are still awaiting their final paychecks more than two months after the company declared bankruptcy. 

“The FLSA has put the prohibition in place to discourage employers from benefiting from the uncompensated work of the employees,” Samantha Thomas, associate regional solicitor for the Labor Department, told the court during the Friday status hearing. “It’s about making sure that employers that actually abide by the law are not unfairly treated — because here’s BJMS and Blackjewel being able to profit off of the fact that [sic] they’re able to move coal that they didn’t really pay for in terms of workers being paid for their work.”

Volk asked the Department of Labor about its “end game” for the coal sitting on the tracks. 

Thomas said that in the case the judge does affirm the coal cannot be moved, the agency would hope Blackjewel, BJMS or “another party” would step up and pay the owed wages so the coal would no longer be considered “hot goods.”

BJMS attorney Sean George told the court it was extremely unlikely BJMS would do that.  

“My understanding, candidly with all, is that there is no possibility that BJMS is going to pay more than $1.4 million that it’s agreed to pay,” he said.

BJMS and Blackjewel argue not allowing the coal to be sold deprives the court from using the proceeds to pay creditors, including workers. The two companies have agreed BJMS will pay $1.4 million for the coal, and if sold, have agreed to set the money aside for possible use to pay owed wages. During a hearing earlier this month, the companies also argued the coal is degrading in the railcars and losing value. 

“That sounds like the end game is to inflict economic duress on the parties by prohibiting the movement of coal,” said Scott Kane, an attorney with Squire Patton Boggs, representing Blackjewel. “Certainly the debtors will argue that in these particular circumstances, that doesn’t further anyone’s interest, including the interests of the employee creditors, who are owed those FLSA wages.”

In a notice filed Thursday, the Department of Labor noted back wages owed to workers directly involved in producing the “hot goods” coal in Kentucky and Virginia totals more than $3 million. 

“In other words, the wages for the uncompensated work that resulted in the production of the hot goods at issue total more than $3 million – more than double the amount Blackjewel and BJMS ask this Court to force DOL to accept and to release the coal,” agency attorneys wrote

A temporary restraining order against the rail cars in Kentucky issued in district court is set to expire on Sept. 20. The Labor Department said it’s open to shifting the Kentucky railcars to allow work at the nearby mine to restart if approved by a judge. 

Sam Petsonk, an attorney representing Appalachian Blackjewel workers, told the court in addition to the train being blocked by court order, dozens of miners, now in their seventh week of protest, are camped on the railroad tracks blocking the train. 

“It is miners themselves who continue day by day to also, in their own capacity, apart from the injunction, to block the movement of that train,” he said. “They wanted that action to reflect their intentions and preferences and interests as to whether it is in their interest for this coal to move before the back payment is made.”

The miners have pledged to remain on the tracks until they are paid.

Separate Sale of Wyoming, West Virginia Blackjewel Coal Mines Approved

A U.S. bankruptcy court has ruled that a coal company may sell two large Wyoming mines separately from one in West Virginia.

Bristol, Tennessee-based Contura Energy originally sought to buy all three mines from Milton, West Virginia-based Blackjewel in a deal held up while U.S. officials seek payment of federal royalties.
Contura would have paid $9.7 million for the Belle Ayr and Eagle Butte mines in Wyoming and Pax Surface Mine in West Virginia.

The Casper Star-Tribune reports that the court in West Virginia on Wednesday approved a deal in which Contura would pay $1.1 million to finalize sale of the West Virginia mine.

The Wyoming mines have been shut down since Blackjewel declared bankruptcy July 1. Federal records show no production at the West Virginia mine since 2006.

 

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