Union access stalls inquiry at mine

MORGANTOWN, W.Va. – Plans to begin gathering evidence inside the Sago Mine fell apart Wednesday when International Coal Group Inc. refused to let members of the United Mine Workers of America accompany state and federal investigators underground.

The federal Mine Safety and Health Administration, which had already recognized the union as the legal representative for several workers at the nonunion mine, went to U.S. District Court in Elkins seeking an order to grant the union access. The hearing was scheduled to resume today.

The union’s involvement has been a point of contention for nearly two weeks.

More than 90 percent of ICG’s miners are being represented not by the UMWA but by three co-workers.

“Some of the Sago miners requested that the United Mine Workers be their representatives for the purposes of this investigation, and they have a right to be there,” said Ed Clair, associate solicitor for Mine Safety and Health.

“Together, the state and MSHA made a commitment to the families that we would conduct a fair, open investigation, and we decided we needed to take this extraordinary step to keep that commitment.”

Survivor out of coma

The sole survivor, Randal McCloy Jr., officially emerged from a light coma on Wednesday and is now able to chew and swallow soft foods. Dr. Larry Roberts said McCloy, 26, has developed a slight fever but remains in fair condition.

McCloy is able to respond to simple commands and follow movements with his eyes.

He may have suffered brain damage from the carbon monoxide exposure in the mine, but the extent of that damage is not yet known.