Here's an update on Kentucky coal miner/mine safety activist Charles Scott Howard, who is the subject of Raymond Crooke's folk song, "Big Coal Don't Like This Man At All", which is posted on YouTube (see link below).

   On April 4, 2013, the United States Court of Appeals for the 6th Circuit issued its decision on the appeal filed by Cumberland River Coal Company. The appellate court upheld the trial judge's decision in all respects.
   The Court ruled that there was substantial evidence in the record to support the judge's finding that "CRCC's business justification [defense] was simply a pretext designed to mask the true reason" that it had discharged Howard - i.e., because of his safety activities.
   It ruled that the judge "properly found CRCC's business justification to be weak, outside of normal business practices, and pretextual".
   With regard to CRCC's argument that it would be unsafe for Howard to continue working underground, the appellate court summarily rejected it, saying that "CRCC has no viable safety argument in this particular case".
   The U.S. Court of Appeals' ruling means that Howard is now permanently reinstated to his former position with CRCC. He has been back on the job since July 27, 2012.


"Big Coal Don't Like This Man At All"