Massey miner who spoke out on safety is fired

UPDATE, June 12: NPR reports that a federal judge has ordered Campbell to be reinstated.

Ricky Lee Campbell, a former Massey Energy miner, has filed a federal whistleblower complaint after he was fired following complaints about unsafe conditions at two Massey mines in West Virginia, including Upper Big Branch, site of the April explosion that killed 29 miners. On April 7 Campbell spoke to the Pittsburgh Post-Gazette about conditions at Upper Big Branch, where he worked until shortly before the explosion. A week later he was given a five-day suspension "subject to discharge" and was fired on April 23, Howard Berkes of National Public Radio reports. Cambell also provided information in the federal investigation of the explosion.

Campbell's complaint alleges that "His persistent safety concerns, his media interview and his role in the federal probe prompted his termination," Berkes writes. A preliminary investigation by the Labor Department concluded that Campbell's complaint "is not frivolous" and "there is reasonable cause to believe that Mr. Campbell's dismissal was motivated by his exercise of protected activities." NPR obtained court documents detailing the case and "additional information was disclosed at a June 4 hearing in Beckley before an administrative law judge with the Federal Mine Safety and Health Review Commission, which was witnessed by an NPR reporter," Berkes writes.

In the interview with the Post-Gazette, a portion of which can be seen here, Campbell described UBB as "one of the worst [mines] I've ever been in." Campbell also said he repeatedly "told his supervisors about failing brakes on the coal shuttle cars he drove at the Slip Ridge Cedar Grove mine," Berkes writes. The Labor Department removed its claim that Campbell's participation in the federal investigation was one reason for his dismissal before the hearing, but reserved the right to revive that part of the complaint in the future. "Labor Department attorney Samuel Charles Lord declined to comment," Berkes writes, "but the move prevented Massey Energy from trying to learn details about the federal investigation in its questioning of Campbell."

Massey said in a statement, "Mr. Campbell's claims are completely without merit. As the facts in this matter come to light, it will be very clear why Mr. Campbell was terminated and that his termination had nothing to do with him raising concerns about Massey Energy’s safety practices." Massey attorney Thomas Kleeth added, "There's no evidence tying Campbell's complaints to the adverse actions. There's no evidence his supervisors were aware of the news stories" in which Campbell was quoted. (Read more)