UMWA Benefit Plan Trustees Sue Justice-Owned Company

In a complaint filed this week, the trustees allege that Justice Energy underpaid wage agreement contributions to the funds by more than $158,000, with an additional interest balance approaching $10,000.

Trustees of union coal mine worker health and pension plans have sued a company owned by Gov. Jim Justice.

The trustees for three United Mine Workers of America health and retirement plans have sued Justice Energy Company in the U.S. District Court for the Southern District of West Virginia.

In a complaint filed this week, the trustees allege that Justice Energy underpaid wage agreement contributions to the funds by more than $158,000 with an additional interest balance approaching $10,000.

The complaint says the trustees asked Justice Energy to pay those amounts on Oct. 30, but no payment was submitted.

The trustees asked Justice Energy three times this year, most recently on Oct. 30, to conduct an audit of its books and records as required by the wage agreement, but the complaint says the company has not done so.

The lawsuit is one among many involving Justice-owned coal companies in West Virginia, Virginia, Kentucky and Alabama.

West Virginia Public Broadcasting has reached out to an attorney for Justice Energy.

Assisting Retirees And Caregivers On This West Virginia Morning

On this West Virginia Morning, a real problem facing many older adults is having enough money for their retirement. News Director Eric Douglas spoke with Josh Hodges, the chief customer officer for the National Council on Aging to learn about the help that is available for retirees and caregivers.

On this West Virginia Morning, a real problem facing many older adults is having enough money for their retirement. News Director Eric Douglas spoke with Josh Hodges, the chief customer officer for the National Council on Aging to learn about the help that is available for retirees and caregivers.

West Virginia Morning is a production of West Virginia Public Broadcasting which is solely responsible for its content.

Support for our news bureaus comes from West Virginia University, Concord University, and Shepherd University.

Assistant News Director Caroline MacGregor produced this episode.

Listen to West Virginia Morning weekdays at 7:43 a.m. on WVPB Radio or subscribe to the podcast and never miss an episode. #WVMorning

Legislation Helps Retain Returning Retired School Bus Drivers

There is still a statewide shortage of school bus technicians and mechanics, but House Bill 2346 is expected to address that.

House Bill 2346 addresses a continued critical need and shortage of school bus drivers. 

David Baber, state director of Transportation with the West Virginia Department of Education, said the recently passed legislation lifts the 140 day maximum limit for bus driver retirees who have returned to work.  He said many returning retirees quit working after 140 days, leaving school systems in a bind. 

“If they had those folks in a long term position, then they had to scramble to refill it again. When bus drivers aren’t available, students can’t get to extracurricular activities or worse, to class.” Baber said. “Under this new bill, that shouldn’t happen in the future.”

Baber said returning school bus drivers must go through the normal tests and requirements, and in some instances, pass a six hour refresher course.

“The retirees who have come back, depending on the length of time that they’ve been out of service are also required to go through some refresher training,” Baber said. “A minimum of six hours of training behind the wheel and some classroom to make sure that they’re up to date on any changes in policies or procedures.”

He said there is still a statewide shortage of school bus technicians and mechanics.

“We’re doing everything we can to help remedy that,” Baber said. “But the people just aren’t out there.”

Hiring Retired School Bus Drivers, Enhancing State Trail Network Recreation Passed Become Law

Noting a statewide shortage of school bus drivers, on day 60 of the 2023 Legislative Session, the House of Delegates passed House Bill 2346 to ease the pressure.

Noting a statewide shortage of school bus drivers, on day 60 of the 2023 Legislative Session, the House of Delegates passed House Bill 2346 to ease the pressure.

The bill allows retired bus operators to work as substitutes in areas of critical need and maintain their pensions and other retirement benefits, provided they continue to qualify as licensed school bus operators

However, anyone who retires and begins work as a substitute bus operator within the same fiscal year in which that person retired shall lose their retirement benefits attributed to the annuity reserve.

The retired bus operators hired as substitutes are considered day-to-day, temporary, part-time employees and not eligible for additional pension or other benefits.

The bill heads to the governor for his signature. All provisions of the bill will expire on June 30, 2028.

Trail Network

House Bill 3147 creates the Upper Ohio Valley Trail Network Recreation Authority.

The bill notes the opportunity to provide trail-oriented recreation facilities primarily on private property in the Potomac Highlands and north central West Virginia. Anticipated potential for the trail network includes increased tourism similar to whitewater rafting, snow skiing, and ATV trail riding.

The bill creates a contiguous trail system that connects to the Elk River Trail, the Chesapeake and Ohio Canal TowPath and any other trails in adjacent neighboring states that can be feasibly connected.

The measure provides for a governing body. expenses and protection for private landowners.

This bill also goes to the governor for signature

Completed Legislation Includes Treatment Bed Limits, Possible School District Consolidation And Retirees Back To Work 

A bill that limits the number of substance use treatment beds per West Virginia county is now headed to the governor for his signature. 

A bill that limits the number of substance use treatment beds per West Virginia county is now headed to the governor for his signature. 

House Bill 3337 passed the House after returning from the Senate amended. It limits the number of substance use disorder 28-day treatment beds to 250.  

At 288, Wood County has 26 percent of the state’s treatment beds. Thirty-nine counties have zero. Del. Vernon Criss, R-Wood, said the limit is needed to counter an overwhelming influx of out-of-state patients who he says abuse a system meant for West Virginians.

“We are recruiting people from Idaho, Montana and Colorado. They’re coming to West Virginia, they are coming to Parkersburg. They’re coming to take those beds,” Criss said. “If they took their treatments, and did what they said they were going to do to get better, that’s all fine and well, and they become productive citizens again. But they didn’t do that. They got into the program, they quit the program and became problems for the city of Parkersburg and for the county of Wood.”

Del. Mike Pushkin, D-Kanawha, was one of several who opposed the bill. Pushkin said treatment bed numbers should be based on a county’s need – not an artificial number.

“At some point that might be more than 250 in some counties, but a lot of counties, that won’t be 250. But when you cap it, once again, you’re increasing the value of the license and those licenses will be sold,” Pushkin said. “I think that there are a lot of issues the state’s facing – whether it’s homelessness, petty crime. I personally think that, that will go on if you have less treatment options.”

The bill passed 76 to 19 and is effective from passage; it goes to the governor’s desk for a signature.

The House also passed Senate Bill 99, which establishes procedures for potential consolidation of school districts. Legislators raised concerns about the possible loss of employment, and severance pay with potential consolidation. Neither issue was addressed in the bill.

And they passed House Bill 2917, which allows retired state employees who meet the minimum qualifications necessary to go back to work for the Department of Health and Human Resources. The department faces continued employee recruitment challenges and several state departments are working to bring back retirees. 

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