The UMWA said Monday it had filed the challenge in the US District Court of the Southern District of West Virginia at Charleston on behalf of the families.
“We sincerely wish we did not have to take this action,” UMWA International president Cecil Roberts said.
“But we have been left with no choice.”
The union feels that it is “imperative” for the victim’s relatives to have the opportunity to hear evidence for themselves that will be collected during the initial interviews as MSHA conducts its investigation into the April 5 blast in southern West Virginia.
“We also believe that the workers – who will have to go back to work in that mine – must be allowed to have their designated representative in the interviews, asking questions and hearing testimony first-hand,” he said.
“The only way that can be accomplished is by MSHA holding an open and transparent investigation.”
Roberts said part of the challenge was to seek a temporary restraining order to keep the interviews from proceeding without the presence of representatives for the families and miners.
MSHA announced late last week that while it would hold two public hearings, two public forums and a public comment period as part of its UBB blast investigation, it would leave portions of the review – at least in its early stages – private.
“This approach is being driven by a commitment to learn what caused the explosion that claimed 29 miners’ lives, a commitment to transparency and openness, and a commitment to ensure that MSHA’s investigation does not impede any potential or ongoing criminal investigations into the blast,” assistant secretary of labor for mine safety and health Joseph Main said in the announcement.
Secretary of labor Hilda Solis added: “I am confident that from the wide range of public meetings and internal and independent investigations, we will learn what happened at the Upper Big Branch mine so that we can prevent another such tragedy from occurring.”
To prepare for the public portions of the investigation, MSHA will work privately with the state of West Virginia to physically examine the mine and conduct private interviews with miners, officials, and other individuals with knowledge of the explosion.
“The contents of these investigative interviews will be made public at the conclusion of the interview process, unless an interviewee requests confidentiality or it would otherwise jeopardize a potential criminal investigation,” federal officials said.
“In addition, MSHA has established a confidential hotline to allow those with information relevant to the investigation to provide it to investigators.”
The UMWA said just after the federal decision that it was “extremely disappointed” in the move and that the legal challenge would be forthcoming.
"[It is] extremely disappointing and contrary to the goal of getting all the evidence possible in this investigation," Roberts said.
He pointed out that the decision meant MSHA would not have the power to subpoena witnesses to appear in any of the closed interviews.
"Some would want us to believe that the process of this investigation will be completely open and public," he said.
"And although there will be some level of public participation in this investigation that we haven't seen before, this will not be the open, transparent process we and others called for.”
The UMWA said that people “from all sides of this issue” wanted a fully and completely open investigation, from the families to the union to the media – and even mine owner Massey Energy.
“The only people who don't want this to be completely open are the government agencies, and that, frankly, continues a bad practice that we expected would change under this administration," Roberts said.
