A FEDERAL HEARING IS UNDERWAY IN LETCHER COUNTY TO DETERMINE IF A COAL MINER WAS DISCRIMINATED AGAINST WHEN HE VIDEOTAPED ALLEGED SAFETY VIOLATIONS IN THE MINE WHERE HE WORKED ... AND THEN SHOWED THAT TAPE TO MSHA. WYMTS ANGELA SPARKMAN WAS IN THE COURTROOM AND IS IN OUR NEWSROOM WITH MORE, ANGELA? FEDERAL OFFICIALS CITED THE CUMBERLAND RIVER COAL COMPANY AFTER SEEING THE TAPE, THEN MINE SUPERINTENDENTS DISCIPLINED THE MINER, CHARLES SCOTT HOWARD FOR MAKING THE TAPE. HOWARDS ATTORNEYS ARGUE HE SHOULD NOT BE PUNISHED FOR THIS, BUT MINE REPRESENTATIVES TESTIFIED HE BROKE A SAFETY RULE AS WELL. Charles Scott Howard, in the middle in the brown jacket, claims he was only looking out for his own safety at the Band Mill number 2 mine when he took a camera underground in April, 2007. He says he saw seals breaking and spouting water for weeks and nothing was done to fix them, so he videotaped them and showed the tape to MSHA officials. MSHA cited t mine. Months later in July, Cumberland River Coal superintendents disciplined Howard, saying he broke the rules when he videotaped the mine underground. MR. HOWARD FEELS THAT A MINER SHOULD HAVE A RIGHT TO DOCUMENT UNSAFE CONDITIONS AND IN DOING SO, THE COMPANY SHOULD NOT BE ABLE TO DISCIPLINE A MINER FOR DOING THAT. Attorneys for Cumberland River Coal do not want to talk on camera during the court proceedings, but gave us documents showing the company does not allow pictures on property without written permission from a supervisor and say Howard did not have permission, so the discipline was justified. YOU SEND A SIGNAL TO MINERS THAT YOU SHOULD KEEP YOUR HEAD DOWN AND KEEP WORKING AND THATS NOT THE SIGNAL THAT SHOULD BE SENT. THE SIGNAL THAT SHOULD BE SENT IS THAT MINERS HAVE A RIGHT TO WORK IN SAFE CONDITIONS. In court, Howards attorneys questioned why other employees took pictures of events at the mine and were not disciplined, but workers claimed those pictures were not against the rules. Mine Superintendent John Scarbro, in the green shirt, testified he did not think the alleged broken seals were a safety threat. He says they were repaired after concerns surfaced. THE HEARING CONTINUES TOMORROW. HOWARD ACTUALLY STILL WORKS AT THE MINE AND NEVER LOST ANY PAY. HE CLAIMS HE IS ONLY TAKING THE CASE TO COURT TO IMPROVE MINE SAFETY NATIONWIDE. IN THE WYMT NEWSROOM, IM ANGELA SPARKMAN, BACK TO YOU. A NEW TRIAL DATE IS SET FOR A FORMER TEACHER CHARGED WITH OFFICIAL MISCONDUCT. FORMER EAST RIDGE HIGH SCHOOL TEACHER LINCOLN BENTLEY IS

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AIRDATE: 12-16-2008
TRANSCRIPT: a federal hearing is underway in letcher county to determine if a coal miner was discriminated against when he videotaped alleged safety violations in the mine where he worked ... and then showed that tape to msha. wymts angela sparkman was in the courtroom and is in our newsroom with more, angela? federal officials cited the cumberland river coal company after seeing the tape, then mine superintendents disciplined the miner, charles scott howard for making the tape. howards attorneys argue he should not be punished for this, but mine representatives testified he broke a safety rule as well. charles scott howard, in the middle in the brown jacket, claims he was only looking out for his own safety at the band mill number 2 mine when he took a camera underground in april, 2007. he says he saw seals breaking and spouting water for weeks and nothing was done to fix them, so he videotaped them and showed the tape to msha officials. msha cited t mine. months later in july, cumberland river coal superintendents disciplined howard, saying he broke the rules when he videotaped the mine underground. mr. howard feels that a miner should have a right to document unsafe conditions and in doing so, the company should not be able to discipline a miner for doing that. attorneys for cumberland river coal do not want to talk on camera during the court proceedings, but gave us documents showing the company does not allow pictures on property without written permission from a supervisor and say howard did not have permission, so the discipline was justified. you send a signal to miners that you should keep your head down and keep working and thats not the signal that should be sent. the signal that should be sent is that miners have a right to work in safe conditions. in court, howards attorneys questioned why other employees took pictures of events at the mine and were not disciplined, but workers claimed those pictures were not against the rules. mine superintendent john scarbro, in the green shirt, testified he did not think the alleged broken seals were a safety threat. he says they were repaired after concerns surfaced. the hearing continues tomorrow. howard actually still works at the mine and never lost any pay. he claims he is only taking the case to court to improve mine safety nationwide. in the wymt newsroom, im angela sparkman, back to you. a new trial date is set for a former teacher charged with official misconduct. former east ridge high school teacher lincoln bentley is