The Militant (logo)  
   Vol. 67/No. 28           August 18, 2003  
 
 
Alabama miners
laid off without notice
(back page)
 
BY BRIAN TAYLOR
AND CLAY DENNISON
 
BIRMINGHAM, Alabama—With no more than a day’s notice, in some cases through an answering machine message, PinnOak Resources laid off over 40 percent of the workforce at the Oak Grove mine here July 20. PinnOak bought Oak Grove and another mine in West Virginia from U.S. Steel less than a month ago. The company simultaneously threw a similar percentage of miners at the West Virginia mine onto the streets.

More than a dozen of the laid-off miners had moved here recently from as far as Kentucky, West Virginia, and Oklahoma to work at the mine. Now, tied into one-year-plus apartment leases and other obligations, these workers face steep challenges. Unemployment compensation in Alabama is one of the nation’s lowest, with maximum benefits of $210 a week. “Some of the miners have to figure out how they are going to survive with no job or go back home,” commented one Oak Grove miner, who asked that his name not be used. “It’s just wrong.”

PinnOak president Benjamin Statler told miners that a “review of staffing levels” would take place.

Miners here, members of United Mine Workers of America (UMWA) Local 2133, are questioning the legality of the no-notice layoff, viewing it as a probable violation of the WARN Act, which mandates 60 days notice for layoffs exceeding a certain size. Workers are entitled to 60 days pay under these circumstances. The act contains broad loopholes for the employers.

PinnOak claims the layoff is “temporary,” possibly lasting six months. The company has given no guarantees all workers will be recalled, but has told the press that “a significant number” might be called back after “staffing issues” are resolved.

Employment office personnel said that if workers have no return-to-work date they are not considered “temporarily” laid off.

Several workers have filed grievances over layoffs out of seniority.

The authors are members of UMWA Local 2133 and are among those laid off.  
 
 
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