Mine Safety Hearing: Charles Scott Howard testimony

Charles Scott Howard, a Kentucky miner, testified about mine safety before the U.S. House Education and Labor Committee on March 28, 2007.

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  News & Politics

[Nick Mullins]

When the company wants more coal outside, they tell the men inside to get it done, and they tell em "do it safe", but there's only so much you can run safely, especially when conditions get bad. Then the company comes down and says, "If we have lay offs, they will be performance based." When you've got bills to pay, only one job that pays enough to afford them, and people are fighting for jobs as it is....what do you think happens next?

[Tony2581]

On April 4, 2013, the United States Court of Appeals for the 6th Circuit issued its decision on the appeal filed by Cumberland River Coal Company. The appellate court upheld the trial judge's decision in all respects. The Court ruled that there was substantial evidence in the record to support the judge's finding that "CRCC's business justification [defense] was simply a pretext designed to mask the true reason" that it had discharged Howard - i.e., because of his safety activities. It ruled

[Tony2581]

that the judge "properly found CRCC's business justification to be weak, outside of normal business practices, and pretextual". With regard to CRCC's argument that it is unsafe for Howard to continue working underground, the appellate court summarily rejected it, saying that "CRCC has no viable safety argument in this particular case". The U.S. Court of Appeals' ruling means that Howard is now permanently reinstated to his former position with CRCC. He has been back on the job since 7/27/12.

[charpink83]

A great worker trying to provide for his family in a safe manner. Great miner with lots of courage