On July 6, 2006, Federal Judge Dee Benson in Salt Lake City signed an order dismissing with prejudice a retaliatory lawsuit by C.W. Mining against the United Mine Workers of America (UMWA), 16 coal miners who helped lead a nearly three-year-long struggle to win UMWA representation at the companys Co-Op mine in Utah, and the Militant. With prejudice means the company cannot refile its case.
On behalf of the Militant, I want to thank the thousands of working people and others, including many trade unionists, who helped score an important victory for the working class and labor movement, said Militant editor Argiris Malapanis in a front-page article in the August 7, 2006, issue, headlined, Defeat of Utah coal boss suit: a gain for labor, working class. (Click here to read article.)
The Militant Fighting Fund (PO Box 42896, Philadelphia, PA 19101; fax 215-243-7986; e-mail: MilitantFightingFund@yahoo.com) raised funds for the Militants legal defense and publicized the stakes for all labor in beating back a lawsuit aimed at shutting up unionists and newspapers that report on and champion the workers cause.
|C.W. Mining harassment lawsuit and response by defendants|
07/06/2006 - Order of Dismissal with Prejudice signed July 6, 2006, by Judge Dee Benson
|0501Da.pdf (part 1)
0501Db.pdf (part 2)
0501Dc.pdf (part 3)
0501Dd.pdf (part 4)
|05/01/06 - May 1, 2006, decision by federal judge Dee Benson and Militant article on decision|
|02/17/2006 - Transcript of February 17, 2006, court hearing in Salt Lake City, Utah|
10/20/2005 - UMWA Reply in Support of Renewed Motion to Dismiss C.W. Mining Lawsuit (Second Amended).
10/14/2005 - Reply Memorandums in Support of Renewed Motion to Dismiss C.W. Mining Lawsuit (Second Amended).
10/12/2005 - C.W. Mining replies to motions to dismiss harassment lawsuit.
08/16/05 - Memorandum in Support of Motion to Dismiss C.W. Mining lawsuit (second amended) by the Militant
08/16/05 - Motion to Dismiss C.W. Mining lawsuit (second amended) by the Militant
08/16/2005 - Memorandum in Support of Motion to Dismiss C.W. Mining lawsuit (second amended) by Salt Lake Tribune and Deseret Morning News
08/15/2005 - Motion to Dismiss C.W. Mining lawsuit (second amended) by Salt Lake Tribune and Deseret Morning News
07/13/2005 - Second amended complaint filed by C.W. Mining and IAUWU.
06/14/2005 - Transcript of June 14, 2005, Hearing
04/28/2005 - Reply Memorandum in Support of Motion to Dismiss All Claims Against Defendants The Militant and the Socialist Workers Party
04/22/2005 - Defendants Ed Mayne and Utah State AFL-CIOs Reply Memorandum to Plaintiffs Opposition to Defendants Motion to Dismiss the Amended Complaint
04/22/2005 - Defendant Miners Reply Brief in Support of Their Motion to Dismiss
04/22/2005 - Defendant PACE Local 8-286s Reply to Plaintiffs Opposition to Its Motion to Quash Service and to Dismiss the Amended Complaint
04/15/2005 - Memorandum in Opposition from C.W. Mining and the IUAWA to Motion to Dismiss of the The Militant and the Socialist Workers Party
04/07/2005 - Memorandum in Opposition from C.W. Mining and the IUAWA to the Motion to Dismiss by 16 Co-Op miners.
03/21/2005 - Reply Memorandum in Support of Motion to Dismiss by the Salt Lake Tribune and the Deseret Morning News.
03/16/2005 - Reply Memorandum of Opposition from C.W. Mining and the IAUWU to the United Mine Workers of America in response to the unions 2/25 motion to dismiss.
03/09/2005 - Reply Memorandum of Opposition from C.W. Mining and the IAUWU to Salt Lake Tribune and Deseret Morning News in response to the two daily papers 2/17 motion to dismiss.
03/01/2005 - Motion to dismiss C.W. Mining suit by 16 pro-union Co-Op miners.
02/28/2005 - Memorandum in support of motion to dismiss C.W. Mining lawsuit by the Militant and the Socialist Workers Party
02/28/2005 - Motion to dismiss C.W. Mining lawsuit by the Militant and the Socialist Workers Party
02/25/05 - Motion to Dismiss C.W. Mining lawsuit by United Mine Workers of America
02/25/05 - Memorandum in Support of Motion to Dismiss C.W. Mining lawsuit by United Mine Workers of America
02/17/2005 - Memorandum in Support of Motion to Dismiss C.W. Mining suit by Salt Lake Tribune and Deseret Morning News.
12/03/2004 - Amended Complaint filed by C.W. Mining and IAUWU.
09/24/2004 - Original lawsuit filed by C.W. Mining and the IAUWU against the United Mine Workers of America, 16 Co-Op miners, the Militant, Socialist Workers Party, Salt Lake Tribune, Deseret Morning News, and dozens of supporters of the miners.
|* The documents are in Adobe Acrobat format (PDF), which requires the use of Adobe Acrobat Reader. If you do not have the Adobe Acrobat Reader software, click on the icon below to get a free download of it.
|endcd3up.pdf||Endorser Card (English)|
|Crd3upSp.pdf||Endorser Card (Spanish)|
|Examples of endorsement letters|
|mff0201.pdf||Brochure - Defend Labor Rights: Join Militant Fighting Fund campaign to defeat Utah coal mine boss lawsuit.|
|0709mffS.pdf||Brochure in Spanish|
|0709mffF.pdf||Brochure in French|
|swe0201.pdf||Brochure in Swedish|
|Other company-backed retaliatory lawsuits against unions|
09/24/2005 - Massey refiles slander lawsuit. Coal company and its leader say union, others defamed them
12/27/05 - In novel tactic, Cintas workers sue unions