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Victory for Labor Rights!
Utah coal boss harassment suit dismissed ‘with prejudice’

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 company’s 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 Militant’s 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
OrdrDism.pdf

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)
0501Dcsn.pdf (all)
05/01/06 - May 1, 2006, decision by federal judge Dee Benson and Militant article on decision
hearinga.pdf
hearingb.pdf
hearingc.pdf
02/17/2006 - Transcript of February 17, 2006, court hearing in Salt Lake City, Utah
ReplyUMW.pdf

10/20/2005 - UMWA Reply in Support of Renewed Motion to Dismiss C.W. Mining Lawsuit (Second Amended).

ReplyMil.pdf
ReplyTrib.pdf

10/14/2005 - Reply Memorandums in Support of Renewed Motion to Dismiss C.W. Mining Lawsuit (Second Amended).

Mil930.pdf
Trib930.pdf
UMW930.pdf
Miner930.pdf

10/12/2005 - C.W. Mining replies to motions to dismiss harassment lawsuit.

MilMemo2.pdf

08/16/05 - Memorandum in Support of Motion to Dismiss C.W. Mining lawsuit (second amended) by the Militant

MilMotn2.pdf

08/16/05 - Motion to Dismiss C.W. Mining lawsuit (second amended) by the Militant

TribMem2.pdf

08/16/2005 - Memorandum in Support of Motion to Dismiss C.W. Mining lawsuit (second amended) by Salt Lake Tribune and Deseret Morning News

TribMot2.pdf

08/15/2005 - Motion to Dismiss C.W. Mining lawsuit (second amended) by Salt Lake Tribune and Deseret Morning News

compl1.pdf
compl2.pdf

07/13/2005 - Second amended complaint filed by C.W. Mining and IAUWU.

0614hear.pdf

06/14/2005 - Transcript of June 14, 2005, Hearing

MilReply.pdf

04/28/2005 - Reply Memorandum in Support of Motion to Dismiss All Claims Against Defendants The Militant and the Socialist Workers Party

UtahAFL.pdf

04/22/2005 - Defendants Ed Mayne and Utah State AFL-CIO’s Reply Memorandum to Plaintiffs’ Opposition to Defendants’ Motion to Dismiss the Amended Complaint

Miners16.pdf

04/22/2005 - Defendant Miners’ Reply Brief in Support of Their Motion to Dismiss

PaceSLC.pdf

04/22/2005 - Defendant PACE Local 8-286s Reply to Plaintiffs’ Opposition to Its Motion to Quash Service and to Dismiss the Amended Complaint

CWMl0415.pdf

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

MemoOpp.pdf

04/07/2005 - Memorandum in Opposition from C.W. Mining and the IUAWA to the Motion to Dismiss by 16 Co-Op miners.

0321STDN.pdf

03/21/2005 - Reply Memorandum in Support of Motion to Dismiss by the Salt Lake Tribune and the Deseret Morning News.

kingUMW.pdf

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 union’s 2/25 motion to dismiss.

KingSTDN.pdf

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.

Miners.pdf

03/01/2005 - Motion to dismiss C.W. Mining suit by 16 pro-union Co-Op miners.

memo.pdf

02/28/2005 - Memorandum in support of motion to dismiss C.W. Mining lawsuit by the Militant and the Socialist Workers Party

motion.pdf

02/28/2005 - Motion to dismiss C.W. Mining lawsuit by the Militant and the Socialist Workers Party

UMWAmot.pdf

02/25/05 - Motion to Dismiss C.W. Mining lawsuit by United Mine Workers of America

UMWbref2.pdf

02/25/05 - Memorandum in Support of Motion to Dismiss C.W. Mining lawsuit by United Mine Workers of America

tribdes.pdf

02/17/2005 - Memorandum in Support of Motion to Dismiss C.W. Mining suit by Salt Lake Tribune and Deseret Morning News.

KngAmnd1.pdf
KngAmnd2.pdf
KngAmnd3.pdf
KngAmnd4.pdf

12/03/2004 - Amended Complaint filed by C.W. Mining and IAUWU.

CoOpsuit.pdf

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.


 
Campaign materials*
* 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)
End0317.pdf Endorser list
0119lets.pdf
Support.pdf
UFCW27.pdf
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
0924RTD.pdf

09/24/2005 - Massey refiles slander lawsuit. Coal company and its leader say union, others defamed them

1227WSJ.pdf

12/27/05 - In novel tactic, Cintas workers sue unions

 
 
 
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