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NOMINATION

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HEARING

BEFORE THE

SUBCOMMITTEE ON LABOR

OF THE

nj COMMITTEE ON

30R, AND PUBLIC WELFARE

;4 1 UNITED STATES SENATE

NINETIETH CONGRESS

FIRST SESSION

ON

ELZIE H. WOOTEN, OF TENNESSEE, TO BE A MEMBER OF

THE COAL MINE SAFETY BOARD OF REVIEW

FEBRUARY 3, 1967

Printed for the use of the

Committee on Labor and Public Welfare

U.S. GOVERNMENT PRINTING OFFICE

74-605 WASHINGTON : 1967
-

**41

, *

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•

... •

COMMITTEE ON LABOR AND PUBLIC WELFARE

LISTER HILL, Alabama, Chairman

WAYNE MORSE, Oregon

RALPH YARBOROUGH, Texas

JOSEPH S. CLARK, Pennsylvania

JENNINGS RANDOLPH, West Virginia

HARRISON A. WILLIAMS, JR., New Jersey

CLAIBORNE PELL, Rhode Island

EDWARD M. KENNEDY, Massachusetts

GAYLORD NELSON, Wisconsin

ROBERT F. KENNEDY, New York

STEWART E. MCCLURE, Chief Clerk

JOHN S. FORSYTHE, General Counsel

FRANK CITMMINGS, Minority Counsel

JACOB K. JAVITS, New York

WINSTON L. PROUTY, Vermont

PETER H. DOMINICK, Colorado

GEORGE MURPHY, California

PAUL J. FANNIN, Arizona

ROBERT P. GRIFFIN, Michigan

SUBCOMMITTEE ON LABOR

RALPH YARBOROUGH, Chairman

WAYNE MORSE, Oregon

JENNINGS RANDOLPH, West Virginia

CLAIBORNE PELL, Rhode Island

GAYLORD NELSON, Wisconsin

ROBERT F. KENNEDY, New York

HARRISON A. WILLIAMS, IR., New Jersey

JACOB K. JAVITS, New York

WINSTON L. PROUTY, Vermont

PAUL J. FANNIN, Arizona

ROBER'T P. GRIFFIN, Michigan

, Counsel

PETER C. BENEDICT, Minority Labor Counsel

A
CONTENTS

STATEMENTS

Page

Callis, Paul, president, Tennessee Consolidated Coal Co 2

Roberts, Everette, Palmer, Tennessee 8

Holcomb, Robert, president, National Independent Coal Operators 8

Additional statement 20 Wilson, Ted, counsel general, Southern Labor Union 4

Wooten, Elzie 12

Supplemental statement 18

ADDITIONAL INFORMATION

Affidavits submitted by Ted Wilson 4

Biographical sketch of Elzie H. Wooten 1

Letter' from Ted Q. Wilson, general counsel, Southern Labor Union, to

Senator Yarborough, with attachments, dated Feb. 9, 1967 22 Petition from coal miners from Cumberland Plateau in southeast Tennessee 21

NOMINATION

FRIDAY, FEBRUARY 3, 1967

U.S. SENATE,

SUBCOMMITTEE ON LABOR OF THE

SENATE COMMITTEE ON LABOR AND PUBLIC WELFARE,

Washington, D.C.

The subcommittee met at 10:35 a.m., pursuant to call, in room 4232,

New Senate Office Building, Senator Ralph Yarborough, chairman

of the subcommittee, presiding.

Present: Senators Yarborough (presiding) and Morse.

Committee staff members present: Stewart E. McClure, chief

clerk; John S. Forsythe, general counsel; Frank Cummings, minority

counsel, and Peter C. Benedict, minority labor counsel.

Senator YARBOROUGH. Gentlemen, the Subcommittee on Labor

will come to order.

We have for hearing this morning the nomination of Elzie H.

Wooten, of Tennessee, to be a member of the Federal Coal Mine

Safety Board of Review for the term expiring July 15, 1969.

Will you come around, Mr. Wooten.

We will place in the record here the biographical sketch of Mr.

Wooten. Have you read this and do you have a copy, Mr. Wooten?

Mr. WOOTEN. Yes, sir.

Senator YARBOROUGH. Is it correct? Are there any errors in it?

Mr. WOOTEN. No, sir.

(The biographical sketch of Mr. Wooten follows:)

BIOGRAPHICAL SKETCH OF ELZIE H. WOOTEN

Mr. Wooten was born on August 11, 1920, in Palmer, Grundy County, Tennessee, and received his elementary and high school education in the public schools

of that county. His present residence is also in Palmer, Grundy County,

Tennessee.

Mr. Wooten has had approximately 20 years of experience in and around small

coal mines. In this connection, he has performed practically every type of labor

required in small underground coal mines, including the loading of coal, timbering,

laying track, shooting coal, etc. His experience in the coal mining industry was

interrupted by service in the United States Army during World War II, from

which he was honorably discharged in 1943, and by a limited period of employment outside the industry immediately thereafter. He has worked in the mines

for a number of different coal companies, mostly in the State of Tennessee.

Mr. Wooten has a keen and long-standing interest in the safety of all coal

miners, and has a particular concern for the safety of coal mine workers in the

small mines, since virtually all his experience has been in and around such mines.

He believes that the safety of coal miners requires the close cooperation of the

employees, the operators, and the State and Federal coal mine inspectors. He is

further convinced that safety measures are properly enforced only in strict

accordance with the provisions of law, and that such provisions must be fairly

and impartially applied.

1
2 NOMINATION

Senator YARBOROUGH. Gentlemen, under the law this five-man

board is required—the law requires that there be one member to

represent the viewpoints of coalmines employing 14 or fewer employees;

one person to represent the viewpoints of operators in coal mines employing 15 or more employees; one person by reason of previous experience or training to reasonably represent the viewpoint of coal

miners in mines employing 15 or more employees, underground; and

one person who by reason of previous training and experience may

reasonably be said to represent the viewpoint of coal mine workers in

mines employing 14 or fewer employees on the ground, hereinafter referred to as small-mine workers representative; and one disinterested

person as chairman of the board.

I understand, Mr. Wooten, you are the appointee appointed to

represent the point of view of the coal mine workers in mines employing 14 or fewer employees underground?

Mr. WOOTEN. Yes, sir.

Senator YARBOROUGH. In other words, the law requires a chairman,

two employers and two employee representatives: one big-mine employer, one small-mine employer, one small-mine employee representative, and one big-mine employee representative?

Mr. WOOTEN. Yes, Sir.

Senator YARBOROUGH. In the interest of time, I will put this biographical sketch in the record without reading it. Do you have any

other statements you wish to make?

Mr. WOOTEN. No, sir. I wouldn't have any other remarks.

Senator YARBOROUGH. No questions by staff of either the majority

or minority party?

I have no further questions, you may stand aside, Mr. Wooten.

Senator YARBOROUGH. We have four witnesses listed today in

addition to the nominee. The first witness is Mr. Paul Callis, president of the Tennessee Consolidated Coal Co., Nashville, Tenn.

Mr. Callis, have a seat please. Do you have a written statement,

Mr. Callis?

Mr. CALMS. No, sir; I did not prepare a statement.

STATEMETN OF PAUL CALLIS, PRESIDENT, TENNESSEE

CONSOLIDATED COAL CO.

Mr. CALLIS. My name is Paul V. Callus. I am a resident of Nashville, Tenn. I am 47 years of age, completed 3 years of formal education at Johns Hopkins in engineering; have been engaged continuously

since the end of World War II in the mining business in and around

Palmer, Tenn.

I have served in all the capacities with Tennessee Consolidated Coal

Co., now serving as president of the company. I completed 5 years

of active service in the U.S. Air Force, honorably discharged as a

major, with 68 combat missions in Europe.

I conducted an investigation concerning Mr. Wooten in the interest

of the safety of the workers, several hundred workers, who work on

the properties of Tennessee Consolidated Coal Co. in the area of

Palmer. This covers some 50,000 acres of land, some 35 million tons

of coal reserves, and we are a chief supplier to the Tennessee Valley

Authority.
NOMINATION 3

In conducting this investigation my prime interest was to determine exactly how much experience Mr. Wooten had gainfully employed in the underground small mines. I could not find where he

had worked gainfully for any length of time in any underground

mining job.

Mr. Wooten has been employed, it came to my knowledge in this

investigation, he was employed as a truckdriver he operated a truck

part time as a driver of a truck, and he did work around the coal

tipple which was approximately 8 miles from the coal mine, located

in Collins, Tenn. Mr. Wooten possibly picked slate, operated on a

shaker screen where the coal was graded and drove a truck. That is

the extent of the work that I could uncover in a very exhaustive investigation to determine whether this man was qualified.

In my humble opinion; I think he is not qualified.

Senator YARBOROUGH. Any questions by minority counsel?

Mr. BENEDICT. NO, Senator Yarborough.

Senator YARBOROUGH. Mr. Callis, what period of time did the

investigation take place, for how long did the investigation extend,

and how many investigators were on the matter?

Mr. CALLIS. Sir, alter the nomination I was contacted by several

mine operators, one in Pennsylvania; one in Alabama, several in

Tennessee, some over in eastern Kentucky. I think the reason they

called on me is because we actually had offices and mines in Palmer,

Tenn.

I started the investigation last fall when this was brought to my

attention. I concluded the investigation on Tuesday of this week.

I spoke with several of the employers of Mr. Wooten who actually

employed him; I investigated the unemployment payroll records of

the State of Tennessee which disclosed the type of work and the kind

of money he was earning.

Senator YARBOROUGH. What period of time, I mean, his employment? You started in the fall and finished this week. Over what

years of his life did your investigation cover?

Mr. CALLIS. I would say from about 1936; in investigating his

educational qualifications I found that he had entered Grundy County

High School at Tracy City. I could not find where he had completed

his education there. So the period would be, say, from 1940 to date.

Senator YARBOROUGH. Now, Mr. Callis, you represent the employers, not the employees, the people who called you from Alabama

and Tennessee and Pennsylvania were the mine owners; is that right?

Mr. CALLIS. That is correct, insofar as the people who called me

were operators. Maybe I better make my position clear. We have

coal mines employing 14 men or less on our properties that we do not

own and we do not operate. These are contract operations and later

on there will be affidavits offered to be read into the record, whathave-you, one from a brother-in-law, and this brother-in-law personally asked me to submit his affidavit that this man never worked

in a coal mine, so I am speaking with knowledge of talking with the

coal miners that I am not directly the employer of.

Senator YARBOROUGH. Thank you very much, Mr. Callis.

Any further questions by counsel for majority or minority?

Mr. BENEDICT. NO, Senator Yarborough.

Senator YARBOROUGH. No further questions. Thank you, Mr.

Callis.
4 NOMINATION

The next witness, Mr. Ted Wilson, president of the Southern Labor

Union, Oneida, Tenn.

Come around, Mr. Wilson.

Mr. WILSON. I would like to correct the statement that I am

president of Southern Labor Union; I am its general counsel and

was asked by the president of the union to appear.

Senator YARBOROUGH. That will give you more latitude, being

general counsel than president.

STATEMENT OF TED WILSON, GENERAL COUNSEL, SOUTHERN

LABOR UNION

Mr. WILSON. My name is Ted T. Wilson; I am an attorney at law

in Oneida, Tenn., and general counsel for a labor union.

This is a union representing employees of small coal mines. We

have mines in Alabama, where we have an office in Marion County, to

West Virginia, and we recently won an election there before the

NLRB involving several small mines. We have offices in Cumberland, Ky., and have mines in Virginia as well as West Virginia, Tennessee, Kentucky, and Alabama. The most of our mines are small

mines.

They range in size from some three- or four-men operations to a

maximum of perhaps 300 employees.

As soon as the nomination of Mr. Wooten came to my attention, I

contacted the officers of the union and they had an investigation made

of Mr. Wooten's training and experience and the only way we knew

to investigate, sir, was to go to the community where he was raised

and the area where he worked and inquire of the fellow coal miners

and fellow citizens of the community.

I have with me seven affidavits which I would like to submit for

the record. I can either read them or just Submit them, sir.

Senator YARBOROUGH. They will be submitted and ordered printed

in the record.

(The affidavits referred to follow:)

STATE OF TENNESSEE,

County of Grundy:

Earl Patton first being sworn according to law deposes and says:

1. That he is at present 52 years of age and resided in the Palmer area for his

entire lifetime until he moved to Dunlap in 1965. That he has known Elzie H.

Wooten all of this time since his boyhood and is familiar with his work in the

coal mine area in this section.

2. Earl Patton has worked as a coal miner and as an operator of small mines

during all of these years in the tri-county area of Grundy, Marion and Sequatchie

Counties, Tennessee.

3. That the said Elzie H. Wooten to the best of his knowledge and information

never worked underground in any coal mine and only worked as a truck driver,

slate picker or a tipple hand. That the said Wooten did work for him in 1955

and 1956 as a truck driver and injured his back and left the job drawing compensation for a period of time.

4. That to the best of his knowledge information and belief Mr. Wooten has had

no underground experience as a coal miner over the years in the tri-county area.

Further the affiant saith not.

EARL PATTON.

STATE OF TENNESSEE;

County of Grundy:

Sworn to and subscribed before me, this 1st day of February 1967.

[SEAL] THEODORE L. LONG,

Notary Public.

My commission expires July 14, 1970.
NOMINATION 5

STATE OF TENNESSEE,

County of Grundy:

H. Willis Flynn first being sworn according to law deposes and says:

1. He is at present 57 years of age, a resident of Dunlap, Sequatchie County,

Tennessee, where he has resided for the last two years. That he was born in

Palmer, Grundy County, Tennessee, and lived there until 1962.

2. That he has been engaged in the coal industry in the tri-county area, Marion,

Grundy and Sequatchie Counties since 1924. That he has operated as an operator

of small truck mines since 1942. That he currently is the principal stockholder

and president of Sycamore Coal Company which operates in Marion County,

Tennessee.

3. That he knows Elzie H. Wooten who resides in the Palmer area of Grundy

County, Tennessee and has known him since Wooten's early boyhood. That they

lived in the same general vicinity up until he moved from the Palmer area to the

Dunlap area and that he regularly saw Wooten from two to three times a week

over the years.

4. That Mr. Wooten returned from the service in the early forties, worked as a

truck driver and over the years 43-44 forward to date he never saw Mr. Wooten

wearing a mining hat which was the standard badge of an underground coal miner.

5. That from about 1946 to 1958 Mr. Wooten made application to him on

several occasions for jobs and on each occasion requested a job on top of the ground

such as a slate picker, truck driver or tipple hand stating that he had no underground experience.

6. That Mr. Wooten's only regular employment was as a truck driver which he

worked at part time and that he worked as a truck driver for Patton and Patton

Coal Company near Palmer, Tennessee. He, also, worked as a tipple hand for

this employer. This tipple was some eight miles from the mine. Mr. Wooten

has not been employed in the coal industry doing any kind of job since the fall

of 1962.

Further the affiant saith not.

H. WILLIS FLYNN.

STATE OF TENNESSEE

County of Grundy:

Sworn to and subscribed before me, this 1st day of February 1967.

[SEAL] THEODORE L. LONG,

Notary Public.

My commission expires July 14, 1970.

STATE OF TENNESSEE,

County of Grundy:

James Patton first being sworn according to law deposes and says:

1. He is at present 60 years of age, a resident of Palmer, Grundy County,

Tennessee, That he has been engaged in the coal business most of his life and

returned to Palmer, Tennessee in 1945. That became acquainted with Elzie H.

Wooten around 1950 in the Palmer area, he being a resident of that section.

That during this period of time until date he has known Mr. Wooten and has

generally known that the type of work that he has done.

2. That Mr. Wooten did mainly hauling of coal as a truck driver and in fact

worked for his two sons doing business as Patton and Patton Coal Company in

1959 and 1960 as a truck driver, slate picker and tipple hand at their tipple near

Collins, Tennessee which is located some eight miles away from their mine which

was located on Daus Mountain in Sequatchie County, Tennessee.

3. That Mr. Wooten did some work with another one of his sons Leon Patton

on the same type of work and to the best of his knowledge, information and belief

has never worked underground in a coal mine. That Mr. Wooten has not worked

in the coal industry since 1962, late part of the year. Further the affiant saith not.

JAMES PATTON.

STATE OF TENNESSEE,

County of Grundy:

Sworn to and subscribed before me, this 1st day of February 1967.

[SEAL] THEODORE L. LONG,

Notary Public.

My commission expires July 14, 1967.

74-6O----67 2
6 NOMINATION

STATE OF TENNESSEE,

County of Marion:

Ewing Hampton first being sworn according to law deposes and says:

1. He is at present 51 years of age, resident of Jasper, Marion County, Tennessee, where he has resided since September of 1966. That prior to that time he had resided in Palmer, Grundy County, Tennessee.

2. That he is an employee of Tennessee Consolidated Coal Company, and formerly had been an operator of truck mines or small mines in Marion and

Grundy Counties, Tennessee. That he has been in the coal business since 1935.

3. That he knows Elzie H. Wooten who resides in the Palmer area of Grundy

County, Tennessee and has known him since early 1940. That he has known

Mr. Wooten and in his experience and in the coal fields he has seen Mr. Wooten

regularly over the years.

4. That Mr. Wooten has never worked as an underground miner in the years

he has known him. That the most work that Mr. Wooten has done was as a

truck driver occasionally and a tipple hand.

5. That he has had the personal knowledge of Mr. Wooten and having worked

in the coal field areas for the past 25 years and that Mr. Wooten has no experience

as an underground miner.

Further the affiant saith not.

EWING HAMPTON.

STATE OF TENNESSEE,

County of Marion:

Sworn to and Subscribed before me, this 1st day of February, 1967.

[SEAL] W. M. ARLES,

Notary Public.

My commission expires October 10, 1970.

STATE OF TENNESSEE,

County of Marion:

Howard Higgins first being sworn according to law deposes and says:

1. That he is at present 56 years of age, a resident of Route 1, Whitwell,

Marion County, Tennessee, where he has resided for the last several years.

That prior to that time he resided in the Mount Olive section of Marion County,

Tennessee which is within the heart of the Grundy-Marion Counties coal fields.

2. That he has been engaged in the coal areas in this area since 1932. That

he has operated as an operator of small truck mines since 1942. That he is

currently the operator of Walnut Coal Company which operates in Marion

County, Tennessee.

3. That he has known Elzie H. Wooten since about 1951 and since 1951 he himself, Higgins has operated mines in the area where Mr. Wooten worked.

That Mr. Wooten never worked as an underground coal miner but at all times

worked as a coal truck hauler, tipple man.

4. That this affidavit is made upon his own knowledge of Mr. Wooten and

it is his information and belief Mr. Wooten is not qualified to do any job as an

underground coal miner in a small mine.

Further the affiant saith not.

HOWARD HIGGINS.

STATE OF TENNESSEE,

County of Grundy:

Sworn to and subscribed before me, this 1st day of February, 1967.

[SEAL] W. M. ARLES,

Notary Public.

My commission expires October 10, 1970.

STATE OF TENNESSEE,

County of Marion:

Lonnie Morrison first being sworn according to law deposes and says:

1. That he is at present 59 years of age, a resident of Gruetli, Grundy Co.,

Tennessee.

2. That he has lived in Gruetli, in excess of 25 years, and has known Elzie H.

Wooten since 1954. That he has been in the coal industry in this area since 1926.

3. That I have been active in the mine field since that date and in particular

the small mines, since 1950.
NOMINATION 7

4. That he knows that Elzie H. Wooten has never worked as an underground

miner since 1954. That he, Wooten, when he did work, drove a truck or worked

as a tipple hand.

5. That Elzie H. Wooten has no experience as an under ground miner in the

past few years.

Futher the affiant saith not:

LONNIE MORRISON.

Subscribed to and sworn before me this 1st day of February, 1967.

[SEAL] W. M. ABLES, Jr.,

Notary Public.

My commission expires October 10, 1970.

STATE OF TENNESSEE,

County of Marion:

Johnny McDaniel first being sworn according to law deposes and says:

1. That he is at present 27 years of age, a resident of Cartwrite, Sequatchie

Co., Tennessee.

2. That he is the brother in law of Elzie H. Wooten, who married his sister,

Willie, some 14 years ago. That he has known him this period of time and

longer.

3. That he has known the work he has done over the past 14 years, and the said

Elzie H. Wooten has never worked as an underground coal miner during that

14 years of time.

4. That as a matter of fact, his main income during these years, has been a

pension from World War II. That he has been a truck driver, a tipple hand part

of this time.

5. That the said Elzie H. Wooten never even owned a mining cap, but the work

he performed, if he worked was above ground. That a mining cap has always

been the "badge" of an underground miner. In fact it is doubtful if he has been

underground for this entire 14 years of time.

Further the affiant saith not:

JOHNNY MCDANIEL.

Subscribed to and sworn before me this 1st day of February, 1967.

[SEAL] W. M. ABLES, Jr.,

Notary Public.

My commission expires October 10, 1970.

Senator YARBOROUGH. These are material to the issues of the

qualifications?

Mr. WILSON. Yes, sir; they are.

Senator YARBOROUGH. They will be printed in the record.

Mr. WILSON. May I say Mr. Willis Flynn, Mr. Earl Patton, Mr.

James Patton, Mr. Ewing Hampton, Howard Higgins, Lonnie

Morrison, and Mr. Johnny McDaniel—and Mr. McDaniel happens

to be a brother-in-law of the nominee and each of these people have

i stated that they have never known of the nominee working n an

underground mine.

I might say further, sir, that those were hastily prepared. We only

found out about this hearing on Wednesday and we have hurriedly

been trying to get the information together.

Senator YARBOROUGH. I am working under time limitations, too,

due to a commitment to meet with another committee chairman, and

we have to work with this chairman before 12. I am going to have to

finish this hearing before 11 o'clock, but I am going to have to leave

this record open for 5 days for filing of any statements for proponents

or opponents to file letters before the record is closed.

Mr. WILSON. May I briefly say, sir, based upon the affidavits and

investigation we have caused to be made, Southern Labor Union does

not feel that Mr. Wooten could represent the employees of the small
8 NOMINATION

mines. As a matter of fact, we find that he hasn't worked in a mine

since 1962 at all, and not even as a tipple employee.

I would like to, unless there are questions, defer to Mr. Everette

Roberts, who is a man from the Palmer community, who is here as

a witness and perhaps has more detailed knowledge than anyone

else concerning this matter and in view of the time, sir, unless you

have questions 

Senator YARBOROUGH. We are delayed because of this other

committee. Any other questions?

Mr. BENEDICT. No, Senator Yarborough.

Mr. WILSON. Thank you very much, sir.

Senator YARBOROUGH. Thank you very much. The next witness

then, is Mr. Everette Roberts of Palmer, Tenn.

Mr. Roberts, just proceed in your own way.

STATEMENT OF EVERETTE ROBERTS, PALMER, TENN.

Mr. ROBERTS. My name is Everette Roberts. I am 70 years old,

I now reside on Signal Mountain, Tenn., having moved from Palmer,

Tenn., on December 8, 1966. I lives in Palmer 40 years and I.

was vice president in charge of operations for the coal mines of

Tennessee Consolidated Coal Co., and I was responsible for the production and the safety of the mines that the company operated in

the leased mines and I guess we employed probably 800 men at times

during that period, and I have known Mr. Wooten, oh, for years.

I don't know exactly how many, but I have known him for years,

and I worked his father and grandfather in the mines at Palmer.

To my knowledge Mr. Wooten has never worked underground and

from this fact I feel he would not be qualified for such an important

a place as this due to training and lack of knowledge of underground

mining and mine safety, which is highly important, of course, to

coal mining.

Senator YARBOROUGH. Thank you, Mr. Roberts. Does counsel for

the minority have any questions?

Mr. BENEDICT. No, Senator Yarborough.

Senator YARBOROUGH. Counsel for the majority? Thank you very

much, Mr. Roberts.

The next witness, Mr. Robert Holcomb, as president of the National

Independent Coal Operators, of Pikesville, Ky.

Mr. Holcomb, will you proceed. You are president of the National

Independent Coal Operators?

Mr. HOLCOMB. That's right.

Senator YARBOROUGH. Proceed in your own way.

STATEMENT OF ROBERT HOLCOMB, PRESIDENT, NATIONAL

INDEPENDENT COAL OPERATORS

Mr. HoLcoms. My name is Robert Holcomb, I am from Pikesvine, Ky. I am president of the National Independent Coal Operators, an association. We represent some 3,000 small coal operators

throughout the Appalachian area, employing about 45,000 men.

We in the small-mining industry have, since the organization of the

National Independent Coal Operators Association in 1959, made every

effort both to practice safety and to spotlight safety for others.
NOMINATION 9

We have cooperated with the Bureau of Mines in the establishment

of small-mine safety educational programs and have made every effort

to see that the men who work in small mines receive this education.

We have worked with the safety inspection agencies of various

States to establish safety educational programs, mine foremen training

programs, training for preshift examiners, and streamlined inspection

procedures. We feel that through our efforts a workable Mine Safety

Act was passed by the Congress in 1966.

Almost every year since 1959 new safety records have been set.

In fact, the safest year in coal mine history was 1966.

We sincerely believe that because mine safety was spotlighted for

so many 

years, 

many coal miners are alive today. One of the provisions of the Mine Safety Act of 1966 was the establishment of a new

Mine Safety Board of Review. We believe that it was the intention

of Congress that all segments of the coal industry were to be adequately

and equally represented on this Board. We believe that the decisions

of this Board of Review could and will affect the health and safety,

in fact the very lives, of thousands of coal miners and mine operators.

I might point out here that the vast majority of small coal mine

operators are also underground coal miners themselves. They work

side by side with their employees. Therefore, we believe that only

men with a thorough background in coal mining, particularly in the

field of mine safety, are qualified or should be considered for a position

on the Mine Safety Board of Review.

We further believe that since there is a number of organizations

that are representative of both mine operators and mine workers,

that it was not the intention of the Congress to give any one organization an unequal share of responsibility or authority of the Mine

Safety Board.

I would like to review the present makeup of the Board.

On the operator's side for the large operator there is Mr. Treveau.

Mr. Treveau has had years of experience in the field of mine safety;

we feel that this makes him completely qualified from the safety

standpoint. He has for several years been associated with a largemine operator association, and this certainly qualifies him for a representative of the large-mine operators. We know he is a credit to

the mining industry and also a credit to the Mine Safety Board of

Review.

For the small operators there is Mr. Pauley. Mr. Pauley has been

a mine operator himself for some 20 years. He has worked to improve

the safety standards both as a legislator and as a member of our association. Mr. Pauley is a credit to the mining industry and to the

Mine Safety Board of Review.

Certainly no one in the industry could question the qualifications

or the sincerity of the Chairman of the Board. He, too, is a credit

to his position.

On the employees side for the employees in large mines there is Mr.

Ferguson. Mr. Ferguson has for years been safety director of the

United Mine Workers of America. In this capacity, certainly, no

one could question his ability or dedication for the safety of the men

who work in coal mines. In our opinion, Mr. Ferguson is also a

credit to his union, to the coal industry, and to the Mine Safety

Board of Review.
10 NOMINATION

We feel that the appointment of any man with less qualifications

or less dedication would be a mockery to mine safety and a slap in the

face of coal miners and coal operators who have worked for years to

improve safety in coal mines.

Let's examine the qualification of Mr. Wooten. Mr. Wooten has

absolutely no background in safety training, in safety education, or

even in work in an underground coal mine.

We have made an investigation into Mr. Wooten's work background and we find in talking with a number of his former employers

that he was not an underground coal miner, but that he was employed

either as a tipple worker or as a truckdriver. Nowhere were we able

to find a record of his employment as an underground coal miner,

nowhere were we able to find a record of any training or experience

either in proper mining practices or in proper safety practices.

We find that Mr. Wooten has not even been employed in the industry at all since 1962. In fact, his present job is delivering newspapers for the Chattanooga Times.

In view of Mr. Wooten's complete lack of qualification or experience

to make decisions affecting the health and safety and indeed, the very

lives of thousands of coal miners throughout the Nation, we ask him

to withdraw his name from consideration and in the event that he is

unwilling to withdraw, we pray that this committee will refuse to

confirm him for the position he seeks.

Thank you, sir.

Senator YARBOROUGH. Mr. Yolcomb, I am required, because of

previous commitments, to meet with Senator Monroney, chairman

of the other committee, at 11 o'clock.

Senator Morse is here and has agreed to preside. I would be

forced to close the hearings at this point otherwise.

Senator MORSE (presiding pro tempore). First, let me say to the

nominee and to the witnesses that I want to express for the record

my deep regrets that I could not come earlier. I had an emergency

matter which was presented in my office this morning and I could

not dispose of it with the delegation we promised to hear before the

time I left my office.

I am going to give very thorough consideration to the testimony

this morning and I probably am in a very good position to continue

with the hearing as a juror, because I have not heard what has gone

before.

I have had a quick briefing by a counsel. He advises me that

Mr. Wooten has testified and that Mr. Callis, Mr. Wilson and Mr.

Holcomb, and Mr. Roberts substituted for Mr. Walker, have already

testified and I shall read that testimony very carefully.

It is my understanding that counsel for the minority would like to

ask Mr. Wooten some questions and that he will be recalled for that

purpose, is that correct?

• Mr. BENEDICT. That is correct.

Senator MORSE. He will be recalled for that purpose, and Mr.

Wooten also will be asked to submit written replies to any other

questions that may be asked him or given the opportunity to supplement his oral testimony with a written memorandum.

The acting chairman also rules that the parties to the hearing will

have the privilege of filing supplemental statements and that we will

keep the record open for the filing of those statements until 1 week

from today, which would be 5 p.m. next Friday.
NOMINATION 11

I have no questions, Mr. Holcomb, because I don't ask questions

until I first have a foundation of fact on which I can base questions.

I hope I'm too good a lawyer not to follow that course of action.

Mr. HOLCOMB. I have appeared before you before, sir, and I assure

you that I respect that.

Senator MORSE. I Will say for the record that if I or any other

member of the committee wish to have supplemental statements, we

are going to give you, all witnesses and the nominee himself, written

notice and you can supplement the statement. On the other hand,

I want to make clear that I shall strongly urge, and I know I shall

speak for the chairman of the subcommittee when I say this, that this

matter be disposed of with dispatch consistent with the consideration

of the record.

When there is opposition to the nomination, it necessarily takes a

longer period of time for a final determination, because the absentees

are entitled to time necessary to study the record.

So, Mr. Holcomb, I have no questions. I thank you for your

testimony and I will recall to the witness chair the nominee, Mr.

Wooten.

Mr. Wooten, I have been advised when you were on the stand

earlier this morning, you submitted your biographical sketch and you

were not subject to any questions; is that correct?

Mr. BENEDICT. Yes, sir.

Senator MORSE. I have also been advised that some of the witnesses have raised questions in regard to your experience cited in

paragraph 2 of your biographical sketch, which is as follows:

Mr. Wooten has had approximately 20 years of experience in and around small

coal mines. In this connection, he has performed practically every type of labor

required in small underground coal mines, including the loading of coal, timbering, laying track, shooting coal, etc. His experience in the coal mining industry

was interrupted by service in the United States Army during World War II,

from which he was honorably discharged in 1943, and by a limited period of

employment outside the industry immediately thereafter. He has worked in

the mines for a number of different coal companies, mostly in the State of

Tennessee.

I am not speaking of my personal knowledge about what transpired

after the filing of this statement because I understand that as a result

of these conferences you have seen us engage in here at the table with

the chairman and with the majority and minority counsel, apparently

some question has been raised from the standpoint of your experience.

As far as the chairman was concerned, if that was the case, I wish

you would make whatever rebuttal comments you want to make in

regard to any criticism that has been made of your appointment from

the standpoint of experience or any other point. I want you also

to understand that it is the ruling of this acting chairman that you,

too, will have the privilege of filing an additional written statement

between now and a week from now at 5 p.m. next Friday, after you

make whatever comment you want to make covering the chairman's

request that you comment on this matter of experience if it is true,

and I understand it is, that one of the challenges to your nomination

is that allegedly you do not have sufficient experience to fulfill the

position. After you cover that point, you can cover any other point

that you want.

I want to again put in the record, which I think is already in the

record, a general criterion that the law provides that the nominee
12 NOMINATION

should meet. I read from Public Law 893-76 that portion, which

reads as follows, speaking of the qualifications:

The Board at all times shall consist of one person who by reason of previous

training and experience may reasonably be said to represent the viewpoint of

operators of coal mines employing 14 or fewer employees underground, hereinafter referred to as "small mine operators representative"; one person who by

reason of previous training and experience may reasonably be said to represent

the viewpoint of operators of coal mines employing 15 or more employees underground, hereinafter referred to as a "large mine operators representative"; one

person who by reason of previous training and experience may reasonably be

said to represent the viewpoint of coal mine workers in mines employing 14 or

fewer employees underground, hereinafter referred to as the "small mine workers

representative"—

and I understand that it is that section of the law which the witnesses

have challenged your qualifications, and I want to stress the word

that I say that is my understanding, because I have not heard the

testimony. But assuming that I have correctly stated the situation,

and I believe I do basing it on advice of both counsel and the chairman before he left, I would like to have you make whatever comments

you want at this time and then I will give the privilege to minority

counsel representing the minority members of the committee to ask

questions.

STATEMENT OF ELZIE H. WOOTEN

Mr. WOOTEN. Of course, Mr. Senator, I heard the challenges these

gentlemen made. As I stated in my biographical sketch, I was born

in Palmer, Tenn., August 11, 1920. I was the son of a coal miner,

and actually he worked for Mr. Roberts who testified here. Also,

my grandfather worked for Mr. Roberts for a period of some 20 years

or probably even longer. He was a safety boss at this mine.

My experience in the coal industry, has been varied, as I say, in the

small coal mines.

Perhaps, sir, the best way to understand this, you say they say,

well, he was qualified as a truckdriver or hired as a truckdriver. That

doesn't mean, Mr. Senator, that that is your specific duty, just driving

a truck. Ofttimes in the small coal mines, Mr. Senator, you are

required to go inside the mines, load the coal, pull the coal out by

mule, dump it in the hopper. That's the hopper at the end of the

runway. Also, haul the coal to its market. This all goes with small

coal mine operation.

I have, as I stated in my biography, loaded coal in the coal mines,

I have timbered in the coal mines, I have laid track in the coal mines,

and I have shot coal in the coal mines.

Some of the employers that you mentioned—it is true working

for Mr. Leon Patton Coal Co. or the James E. Patton Coal Co.

I was a tipple operator. This was the same as these other positions.

In operation of a tipple, it became necessary a number of times, not

just one occasion, but a number of times, for me to go to these coal

mines and do this type of work—go inside the mines shoot down the

coal, maybe, load the coal up or haul it out, on these days when this

was a custom operation and all these jobs—there was no such thing

in a small coal mine down there as a job classification.

You were a truckdriver or you were a coal loader or anything like

that, you came through this job this way.

I worked for Mr. Patton, both Mr. Earl and Mr. Leon Patton. I

worked for Mr. Willie E. Lockhart of the Lockhart Coal Co. This
NOMINATION 13

was the same type operator. Cox Coal Co., I understand this was

on the Tennessee Consolidated Coal Co. lease, and this was the same

type operation. I worked for Mr. Bill Ross as a truck driver, and

Mr. Ross hauled coal for Mr. George Bryant and he owned or operated the mines. And then this operation of the three men working

at these mines. These three men included the mule driver and two

coal workers.

A number of times I have gone in these mines, shot down the coal,

loaded it in order that I would have a supply of coal to haul to the

market. Maybe load the coal one day and haul it the next day.

I worked for Mr. Jasper Hargis in the same situation. Mr Hargis

hauled coal for the Sewanee Fuel Co. in Chattanooga, Tenn. .Worked

in mines on Signal Mountain, that was the same type operation.

You were a truckdriver, a coal loader, a timber man, a track man,

all these things went with being a small-coal-mine operator, or a smallcoal-mine worker—excuse me.

Mr. Ed Tate operated the mines in the Daus Mountain area, that

is in southeastern Tennessee. Mr. Tate was a custom operator.

On the days there were no sales we loaded coal. This was stashed

over there for future sale.

In that period I drove, I drilled rock in these coal mines, and for Mr.

Irving Presnell, now deceased a number of years, I would say around

1936 I did this type operation.

As far as any experience, Mr. Senator, I have been around these

small coal mines all my life, practically all my life, I will put it this

way. And I have certainly had the experience in the mines and

around the mines, and my interest in this, Mr. Senator, is the safety

of coal miners.

I heard one witness say that I shouldn't represent any organization

or anything like that. My prime interest for this job, Mr. Senator, is

the safety of coal miners, and if I should be appointed to this Board,

that would by my duty—to be fair and impartial in any decision I

might have to make.

I thank you, sir.

Senator MORSE. Mr. Wooten, on various jobs that you have outlined that you say you have held around small coal mines and in

small coal mines, what has been the average, what would you say

was the average number of employees in most of those mines?

Mr. WOOTEN. On some mines there were three, some four, five,

six, never more than 14. There were never more than 14 employees

at any time.

Senator MORSE. In the so-called small coal mines of the coal

areas, what would you say is the bracket of the number of employees

from minimum to maximum and still stay within the definitive

terms of the small coal mine?

Mr. WOOTEN. Possibly from three to 12.

Senator MORSE. Coursel advises me that by statute the number is

under 14. That's your understanding of general acceptance within

the industry of the definitive number of a small coal mine, under 14?

Mr. WOOTEN. Yes sir.

Senator MORSE. lqow the law that I read, the first of the law I

have already read, says:

One person who by reason of previous training and experience may reasonably

be said to represent the viewpoint of coal mine workers in mines employing
14 NOMINATION

fourteen or fewer employees underground, hereinafter referred to as the "small

mine workers representative."

One of the last statements that you made, I understood you to

say that you recognized that the person who fills the position to which

you have been nominated—let me correct this, it is a misinterpretation—would not be representative of any particular labor group, but

should be the representative of the workers; is that your understanding?

Mr. WOOTEN. Yes, sir.

Senator MORSE. What can you tell the committee as to your

view as to whether or not, among workers in small coal mines, your

qualifications would be recognized by the coal mine workers as a

representative of them?

Mr. WOOTEN. I believe that I would; yes, sir.

Senator MORSE. You are saying that on the basis of the workers

in the small coal mines and not on the basis as to whether or not

those workers belong or do not belong to any labor organization?

Mr. WOOTEN. Well, sir, where men's lives are concerned in coal

mines, I don't think it matters whether be belongs to a labor organization or doesn't belong to a labor organization.

Senator MORSE. Let me put my question in another way. I also

try to ask the hard questions even though they may be hard, if I

think they relate to the problem that confronts the committee, and

I think all parties to this bearing as well as any other hearing in which

I am a Senate Member know that I try to get all the facts and I have

a hunch, may I say, that there may be some that will make the allegation that your qualifications are not the qualifications of one reprsenting the viewpoint of, to use the words of the statute, the viewpoint

of coal miners in mines employing 14 or fewer employees underground,

but that you would be the representative of an organization of coal

miners, to wit, the United Mine Workers of !America, rather than

the representative of all the coal miners—what is your response to

my question that if you are confirmed for this nomination you will

be the representative of all the coal miners working in mines employing

underground 14 or fewer people and not the nominee representing

the members of any labor organization?

Mr. WOOTEN. Well, Mr. Senator, I might say this, sir: If a man is

killed in the coal mines, certainly his children and his wife and his

mother or father, they are not going to be concerned whether he

belongs to a labor organization or not, and certainly in no case would

I let the fact that he was a union man, as you might say, or a nonunion

man, stand in the way of his protection or his life.

I wouldn't be a representative of any labor organization. I would

render my verdict, sir, if it came to that, in a fair and impartial manner regardless of whether he was a union or a nonunion man.

Senator MORSE. One more question, and it relates to the question

I have just asked, because I have been around here long enough to

know that it is important to get on the public record the information

that is necessary for discussion in the executive session.

What is your response to my questions that if you are confirmed for

this nomination, you will sit on the Board exercising an independence

of judgment on the facts involved in specific eases and issues that arise

within the jurisdiction of the Board and that any recommendations

or representations made to you by any labor organization will receive
NOMINATION 15

only the same consideration as representations made to you by anyone else of a given case or issue that comes before the Board and will

not be considered by you as a direction to be followed?

Mr. WOOTEN. No, sir; I will follow no one's directions on that, no

one.

Senator MORSE. Those are the only questions I have. Mr. Benedict, will you proceed to ask such questions as you wish.

I want to say for the purpose of the record that it has been a longestablished policy in this subcommittee to permit the counsel for

either the majority or the minority members of the committee to ask

questions under the direction and the control of the chairman of the

committee, whoever he may be at the time.

I want to record also to show that we have always had the finest

of professional cooperation from these able lawyers representing both

sides, partisanship-wise, of the committee.

Let me also add that because the witness now is myself, for the

moment, it is my testimony, that on the Labor and Public Welfare

Committee the nonpartisanship of the committee is one of the strongest characterizations when we come to considering issues of fact.

True, sometimes you have policy differences based upon political

philosophies, but we do not have differences when it comes to recognizing the responsibility of every Senator to sit here as a Senator and

not as a Democrat or as a Republican when it comes to the considering, the finding, considering and the reaching of judgment in

connection with all questions of fact.

As I see it, the issue before this committee in view of what I understand is the testimony that has preceded, raises certain questions of

fact and including the questions of fact, of course, it is appropriate

to ask questions in regard to the viewpoint of the nominee. We

always do that.

So, I am pleased to call upon Mr. Benedict for the minority to ask

questions which I am sure will be, because of his fine legal background and his knowledge of the workings of this committee, within

the framework of the prerogatives of counsel on behalf of the minority

members.

Mr. BENEDICT. Mr. Wooten, my name is Peter C. Benedict. I am

minority counsel.

Mr. Wooten, in view of the testimony that we have heard here

today, I would like to ask you to elaborate on the extent of your work

in underground mines.

Mr. WOOTEN. Well, sir, as I stated before, I have worked in these

mines, I have loaded coal in these mines, I have shot coal in these

mines, I have laid track in these mines, and I have drilled rock in

these mines, I have timbered in these mines, and all.

Mr. BENEDICT. So that even though, as I think you testified, you

worked as a tipple worker and a truckdriver, you feel you are completely familiar with the operations of an underground mine?

Mr. WOOTEN. Yes, sir; I do feel that.

Mr. BENEDICT. In view of your background how much time would

you say that the average underground worker spends working in an

underground mine? Take it on the basis of a week or a day?

Mr. WOOTEN. I don't believe I understand your question, sir.

Mr. BENEDICT. The average worker who is employed to work

as a miner in an underground mine would spend what percentage

of his actual working time underground?
16 NOMINATION

Mr. WOOTEN. Well, that would be hard to say, sir. I just don't—

you take a miner working in the mines, certainly he doesn't stay in

there the full time, probably. Sometimes he comes out, sometimes

he has chores on the outside, too. I know in cases, sir, we have to—

in other words, come out of the mines and go to the mountainside

and cut timbers and take them back into the mines.

Mr. BENEDICT. Would you say he spent half or three-quarters

of his time working underground?

Mr. WOOTEN. Yes, sir.

Mr. BENEDICT. In your own experience laying track and as a

tipple worker and truckdriver, what percentage of the time would

you say you spent working underground in an underground mine?

Mr. WOOTEN. Probably not that much, probably not half or

three-quarters of the time; no, sir.

Mr. BENEDICT. A quarter of your time?

Mr. WOOTEN. Yes, probably more than that, when I was at the

mine.

Mr. BENEDICT. Between a quarter and a half?

Mr. WOOTEN. Yes, in most of the early employment, not so in the

last part of it; in the early employment half to three-quarters.

Mr. BENEDICT. How long ago is that? You say it was not during

your later employment, where would you draw the line?

Mr. WOOTEN. Well, the last job, on the last job that I worked for

a Mr. Patton.

Mr. BENEDICT. You started that job when? What year?

Mr. WOOTEN. Well, I am not just sure, possibly 1958, 1957 or 1958,

I am not just sure of the date.

Mr. BENEDICT. So since 1957 or 1958 you would not have spent

25 to 50 percent of your time underground?

Mr. WOOTEN. No, sir.

Mr. BENEDICT. How much time would you say as an estimate?

Mr. WOOTEN. Oh, possibly 25 percent, when I was at the mine.

Mr. BENEDICT. About a quarter. Do you feel you have worked

and been in the underground mines sufficiently so that you are fairly

well aware of what the safety requirements are to protect the men in

those mines?

Mr. WOOTEN. Yes, sir.

Mr. BENEDICT. With respect to underground mines, do you know

what permissible equipment is?

Mr. WOOTEN. Yes, sir; I do know.

Mr. BENEDICT. Would you tell me?

Mr. WOOTEN. Well, permissible equipment is equipment that has

been approved by the Bureau of Mines to be safe in these mines.

Mr. BENEDICT. With respect to a gassy mine, would there be any

particular requirement as far as permissible equipment in concerned?

Mr. WOOTEN. Well, I don't have a copy of that law with me.

Mr. BENEDICT. Can you think of one major point of difference

between a gassy and a nongassy mine that would result in an important

requirement for equipment used in a gassy mine? If so, what is the

requirement?

Mr. WOOTEN. Well, certainly cables should be. Well, a better

grade of cable, fireproof or permissible cables in a mine. Certainly

I am not in a position to state just what the law is on that without

having to look at it. If I had a copy of this, I could read it, but I

understand there are various things that are different.
NOMINATION 17

Mr. BENEDICT. Would you permit equipment which was not spark

resistant in a gassy mine?

Mr. WOOTEN. Very definitely no, sir.

Mr. BENEDICT. Could you use fuse and caps in an underground

mine?

Mr. WOOTEN. No, sir.

Mr. BENEDICT. In DO underground mine?

Mr. WOOTEN. Possibly in maybe an anthracite mine, certainly

not in my area according to my understanding of State law. These

must be permissible electric blasting caps in Tennessee.

Mr. BENEDICT. Would there be any distinction in the regulation

depending upon whether it was a gassy or nongassy mine?

Mr. WOOTEN. I don't have a copy of that law, sir.

Mr. BENEDICT. Do you know if there is any situation where nonpermissible equipment may be used in a gassy mine?

Mr. WOOTEN. Well, I'm sorry, sir, I will have to answer it the

same way. I don't have a copy of that law.

Mr. BENEDICT. Have you worked in both gassy and nongassy

mines?

MT. WOOTEN. No sir.

Mr. BENEDICT. 

No,

type of mines?

Mr. WOOTEN. They were nongassy.

Mr. BENEDICT. Do you know when and where rock dusting is

required in underground mines, and if so, would you tell us?

Mr. WOOTEN. Again, I don't have a copy of that law, sir.

Mr. BENEDICT. In the underground mine it is necessary to have

air circulated, is it not?

Mr. WOOTEN. Yes, sir.

Mr. BENEDICT. Do you know how much air is fequired to be

circulated in a mine and where is it required to be circulated?

Mr. WOOTEN. There shouldn't be less than 6,000 cubic feet per

minute going through the last open crosscut.

Mr. BENEDICT. Is there any time that more than 6,000 cubic

feet a minute is required?

Mr. WOOTEN. Yes, sir; if the air content contained more than 1.

percent of methane, it should be increased to do away with all harmful and noxious gasses.

Mr. BENEDICT. Are you familiar with the preshift examinations of

a mine?

Mr. WOOTEN. Yes, sir.

Mr. BENEDICT. Who is required to make preshift examinations?

Mr. WOOTEN. Certainly a man that is qualified by the operator to

make the examination.

Mr. BENEDICT. By the operator?

Mr. WOOTEN. Yes.

Mr. BENEDICT. Is he required to be certified by either the State or

the Federal Government?

Mr. WOOTEN. Well, sir, I don't know that without a copy of the

law.

Mr. BENEDICT. I think this is my last question, Mr. Wooten.

Were you employed last year at any time by the United Mine Workers

of America?

• Mr. WOOTEN. No, sir, I was not.

Excuse me, sir, let me qualify that just a minute. I was elected to

this policy committee for the United Mine Workers, but certainly I
18 NOMINATION

was not employed by the union and I am not on the policy committee

now.

Mr. BENEDICT. Are you a member of the United Mine Workers?

Mr. WOOTEN. Yes, sir; a proud member of the United Mine

Workers.

Mr. BENEDICT. Thank you, Mr. Chairman.

Senator MORSE. You do not claim to be an expert witness on the

provisions of the existing rules and regulations and orders governing,

determining the equipment and procedures that must be maintained

by a coal operator in regard to small mines, do you?

Mr. WOOTEN. No, sir, in no way.

Senator MORSE. Is it your representation that you have had adequate practical experience within the mines over the years to meet

the requirements of the law which reads:

One person who by reason of previous training and experience may reasonably

be said to represent the viewpoint of coal miners in mines employing fourteen

or fewer employees underground?

Mr. WOOTEN. Yes, sir.

Senator MORSE. Is it your testimony that you believe that on the

basis of such experience as you have had that you could represent,

within the purport of the law, the viewpoint of the workers in small

mines?

Mr. WOOTEN. Yes, sir.

Senator MORSE. Is it your position that on the basis of that experience as a member of the Board under the work of the Board, the

information that is made available to you as a Board member, that

you have competency from your background to render fair and impartial judgment in regard to a policy or decision the Board should

take in each specific case that comes before the Board?

Mr. WOOTEN. Yes, sir.

Senator MORSE. It is within that format that you offer yourself

as a nominee that is qualified under the law to fulfill the duties and

responsibilities of the appointment?

Mr. WOOTEN. Yes, sir.

Senator MORSE. Thank you very much.

Mr. WOOTEN. Thank you, sir.

Senator MORSE. You will understand that you can file during the

next week any further statement that you want and I want not only

the witnesses who appeared this morning, but I also want it understood that other representatives of the operators of the small mines

for whom I assume the witnesses this morning spoke or represented

their viewpoint also be privileged to file during the next week any

memorandum by way of rebuttal memorandum or advancing information that was not covered by any of the witnesses this morning.

We will make that part of the record during the next week.

Mr. WOOTEN. Yes, sir.

(The following supplemental statement was supplied by Mr. Wooten,

and an additional statement by Mr. Holcomb:)

SUPPLEMENTAL STATEMENT OF ELZIE H. WOOTEN

This statement is submitted, in accordance with permission granted by the

Chairman, to supplement the testimony which I gave at the hearing conducted

on February 3, 1967, relating to my nomination as the small mine workers representative on the Federal Coal Mine Safety Board of Review.
NOMINATION 19

For the assistance of the Committee, the following, in more detail than that provided at the hearing, is the history, to the very best of my recollection, of my employment in and around the small underground coal mines (that is, mines regu- larly employing fewer than 15 men underground) :

As indicated in my biographical sketch, I was born and raised in the coal mining community of Palmer, Grundy County, Tennessee. Both my grandfather and father were coal miners, and both, incidentally, developed silicosis—my father died of this tragic disease when I was only 12 years old.

Beginning with the time when I was still in high school in 1936, until 1941, I worked underground at many small underground mines, such as those owned by White, Irving Pressnell, and other mine operators. Conditions during this period were particularly depressed in the Tennessee coal mining areas, and my work in the mines was performed whenever and wherever I could find it, and for whatever time was available. In my work underground, I loaded coal, timbered, hauled coal and drove a mule on haulage, laid track, drilled shot coal, and per- formed almost every other type of job connected with the production of coal in a

small underground mine.

From 1941 to 1943, I was employed by Jasper Hargis, Gruetli, Grundy County, Tennessee, hauling coal to the market from small mines owned or operated by Ed Tate, Sewanee Coal Company, and other small mine operators. Since I was paid by the load, it was frequently necessary for me to go underground to help in the actual production of the coal, in order to have any coal to haul. About 50 to 75 percent of my time at those mines was spent underground, loading coal, driving a mule on haulage, timbering, laying track, drilling coal, pumping water, shooting coal, etc.

From 1943 to about 1949, I was away from the coal mining industry for service in the Army, and for work outside the state, unconnected with the mining of coal.

I returned to Tennessee in about 1949, and from then until 1951, labor conditions

were extremely unsettled in the mines in that area. However, on various occasions,

I worked underground in different small mine operations, when any employment could be obtained; and sometimes a number of miners and myself joined together in producing a limited amount of coal for the custom market, that is, for home consumption. Here again, I loaded coal, timbered, and performed virtually

every other type of job required to produce coal in a small underground mine. From 1951 to 1953, I worked for William Ross, Laager, Grundy County, Tennessee, trucking coal to the market from small mines such as those owned or operated by George Bryant, Manuel Wideman, and Claude Nolan. As with Jasper Hargis, I was paid by the load, and, as anyone would know who is even slightly familiar with small mine operations, it was often necessary that I assist in the production of the coal, if I was to have a load to haul. Approximately

one-half to three-quarters of my time at the various mines was spent underground helping in the production of the coal. This required drilling, shooting and load- ing the coal, driving a mule on haulage, setting timbers, laying track, pumping

water, and the like.

From 1953 to 1954, I was employed by the W. H. Crabtree Coal Company, Palmer Grundy County, Tennessee, trucking coal from small mines owned or operated by W. H. Crabtree and H. Gibson in Palmer, and in the Mount Olivet section of Marion County, Tennessee. While I was referred to as a truck driver,

I spent between 50 amd 75 percent of my time underground when I was at the mines, helping to open an air course, loading coal, laying track, drilling and shoot- ing coal, driving a mule on haulage, coupling after the mule driver, helping to build brattice, setting timbers, and performing other coal-producing duties.

From 1954 to 1955, I worked for J. H. Cox Coal Company, Marion County,

Tennessee. This job involved mainly truck-driving duties, but included some underground work, such as laying track and setting timbers, in a small coal mine.

From 1956 to 1957, I was employed by the Lockhart Coal Company in Marion

County, Tennessee. Again, while I was called a truck driver, I actually spent 50 to 75 percent of my time underground when I was at this small mine, perform- ing such work as loading coal, laying track, setting timbers, driving a mule on haulage, drilling and shooting coal, and cleaning track.

My employment from 1957 to 1958, for the Earl Patton Coal Company, Marion

County, Tennessee involved little or no underground work.

However, from 1958 to January 1963, I performed work which included under- ground duties for other companies, variously designated as Patton Brothers

Coal Company, James E. Patton Coal Company, or Leon Patton Coal Company. (The small mine owned and operated by these companies suspended operation indefinitely in 1963, because of local labor conditions.) This was a custom
20 NOMINATION

coal operation, producing coal for home consumption, with the mine located in

Sequatchie County, and the tipple situated in Grundy County, Tennessee. I

performed miscellaneous jobs at the tipple and worked both on the surface, and

underground, at the company's mine. The underground work, which required

,possibly 25 percent of the time which I spent at the mine, included hauling coal,

drilling coal, laying track, helping to load the shots, drilling rock, working with

the pumps, and setting timbers. Moreover, the tipple serviced the coal of other

small mines, and when haulage by the Patton company was necessary from

those mines, I occasionally went underground to assist in loading that coal and

in performing other underground duties.

At this point, it may prove helpful to the Committee to explain the manner

in which work is performed in a small underground coal mine operation, involving,

in the mines where I was employed, sometimes only 2 or 3 workers, and at the

most 14 employees. Unlike in a large mine, there is no "typical" day's operation,

and percentages of time spent in different types of work constantly change each

day. Moreover, job "classifications" among the "company men" have almost

no significance. For instance, the worker referred to as the "truck driver" in a

small mine, who is obviously of critical importance to the entire mine operation,

is simply the miner who has a driver's license and, therefore, in addition to helping to produce the coal, can drive a truck for hauling in supplies or hauling the

coal to market.

To state it in another way, all the workers in a small coal mine operation join

together in doing whatever has to be done to produce the coal and to get it to

market. More particularly, in my own experience, some days would be spent

entirely on the surface at the mine, cutting timbers, hauling supplies, or working

at the hopper, or hauling the coal to market. On other days, my entire time, for

all practical purposes, would be spent underground, laying track, shooting coal,

gobbing, setting timbers, pumping water, drilling coal, driving a "squeeze",

loading coal, and performing any other job necessary to produce the coal. On

still other days, part of my time would involve hauling supplies on the surface,

and the rest would be spent underground, performing any or all of the different

types of jobs required to mine the coal.

As I have previously indicated, almost my entire working life has been spent in

and around small underground coal mines. My training and experience have

covered essentially every type of work performed by coal mine workers employed

in small underground coal mines. Based on such training and experience, I feel

that I am fully qualified to represent the viewpoint of these employees, as provided

in the Federal Coal Mine Safety Act, as amended.

Before concluding, I would like to resolve any doubts raised on the record concerning my mlationship to the UMWA. While I have served in elective capacities

at the local level (membership in these locals have consisted, for the most part,

of workers in small underground coal mines), I am not now, and never have been,

employed in any manner by the UMWA. Moreover, I again state emphatically

that, if my nomination to the Board is confirmed, I will render any decision, as a

Board member, fairly, impartially, and in strict accordance with the law. And,

I assure this Committee, as I specifically stated at the hearing, that I will not be

influenced under any condition whatsoever by the union, or nonunion, affiliation

of any interested person or party.

ADDITIONAL STATEMENT BY ROBERT HOLCOMB, PRESIDENT, NATIONAL

INDEPENDENT COAL OPERATORS

During Mr. Wooten's cross examination by minority counsel, he was asked a

number of questions concerning mine safety. These questions could have been

simply answered by any coal miner who had had any underground mining experience, since they concerned only basic safety practices that are common to all

underground mines, but Mr. Wooten either gave incorrect answers, was evasive,

or was unable to give answers.

Mr. Wooten reiterated his experience in underground mines, but was nevertheless unaware that the jobs of shooting coal, timbering, and loading coal are

highly skilled jobs that cannot be done on a piecemeal, part-time basis by any

jackleg worker. He also was unaware that ponies have not been used in coal

mines for at least ten years. During those past ten years or more in which Mr.

Wooten admitted that he has not worked underground, radical changes have

taken place in coal mining techniques and safety procedures.

Mr. Wooten's remarks only served to strengthen the findings of our investigation presented in my testimony that he does not and cannot "reasonably be said
NOMINATION 21

to represent the viewpoint of coal mine workers" in small coal mines "by reason of

previous training and experience." Even a casual examination of the qualifications of the other members of the Federal Coal Mine Safety Board of Review

shows that Mr. Wooten is not qualified "by reason of previous training and

experience." For example:

Edward Steidle is Dean Emeritus of the College of Mineral Industries,

Pennsylvania State University; he holds Bachelor of Science, Engineer of

Mines, and Doctor of Science degrees. He has written extensively in the

field of mine safety and the causes of fires, explosions and diseases in mines;

he has represented the Commonwealth of Pennsylvania and the United States

at various international conferences on mining engineering. He received in

1961 the Mineral Industry Education Award from the American Institute of

Mining and Metallurgical Engineers.

Harry R. Pauley currently and since 1948 has been actively engaged as an

operator in the mining business; his mines were among the first to employ the

"roof bolt" method of roof supports in small mines; he has for nine terms been

a member of the West Virginia House of Delegates; has served as Speaker of

the House and Majority Leader; he was chairman of the Mining Committee

of the West Virginia House of Delegates, which completely revised and

modernized the mining laws of West Virginia.

Charles R. Ferguson has spent his entire working life in coal mines; he

has been Safety Director of the United Mine Workers of America, has been

Deputy Administrator of the United States Defense Solid Fuels Administration, and is active in the affairs of many national mining engineering and

safety organizations.

George C. Trevorrow holds a degree of Bachelor of Science in Mining

Engineering and Engineer of Mines, is Safety Director of the Bituminous

Coal Operators' Association, has been actively engaged in mining engineering

and supervision of safety operations in coal mines continuously since 1926.

He has a long history of supervising the modernization and mechanization

of coal mines and as a safety engineer; he has served as safety engineering

consultant to the Turkish government.

It is painfully clear that Mr. Wooten's previous training and experience do

not measure up to the standard previously established by the appointment of

men to the Federal Coal Mine Safety Board of Review. His appointment would

not only be an unfortunate reflection upon that Board's duties and responsibilities,

It would also be unlawful under the requirements of the Coal Mine Safety Act

Amendments of 1966.

Senator MORSE. If there is nothing further, the Chair agrees that

the public hearings have closed and as soon as the record has been

completed by the end of this next week, I am sure that the chairman

of the subcommittee will proceed with dispatch for an executive session

of the committee and a recommendation to the full committee,

affirmative or negative. Thank you very much.

Mr. WOOTEN. Thank you, sir.

(The following petition and letter, and affidavits were subsequently

received for the record:)

PETITION

FEBRUARY 8, 1967.

To Whom It May Concern:

We, the undersigned are all underground coal miners with from one year to over

30 years experience. We are all working in coal mines on the Cumberland Plateau

in Southeast Tennessee.

We understand Mr. Elzie Wooten who lives near where we have worked in coal

mines most of our working lives is going to be appointed to the National Mine

Safety Committee to represent us and other coal miners.

Some of us have known Mr. Wooten for many years and some of us know him

by reputation only. To the best of our knowledge he has never worked underground in a coal mine and he knows little or nothing about coal mine safety.
22 NOMINATION

We don't think he is qualified to serve on the Mine Safety Committee. We

don't want him representing us. We want an experienced underground mine man

who knows what mine safety is all about.

Respectfully submitted.

Robert Green, Whitwell, Tenn.; Ray Nunly; Cecil Rogers, Whitwell,

Wylie McCormick, Whitwell, Tenn.; Albert Dalton, Jasper,

Tenn.; Robert Masied, Whitwell, Tenn.; Clide Cash, Jasper

Jessie Dalton; Bill Byah Layne, Whitwell; J. C. Cooley, Whitwell,

Tenn.; Rubin Gres, Whitwell, Tenn.; Tommy Cooley, Whitwell,

Tenn.; Richard Johnson, Tracy City, Tenn.; Francis Shrum,

Tracy City, Tenn.; Tommy Campbell, Monteagle, Tenn.; Thomas

Dowd, Tracy City, Tenn.; John Farris, Dunlap; L. B. Quincey

Jr., Dunlap; Fred Hassefrock, Monteagle, Tenn.; Mack Bennett,

Tracy City, Tenn.; Harvey T. Yuders; Carl E. Johnson; Elmer

Fults; R. H. Smith, Whitwell, Tenn.; Ray Seale, South Pittsburg,

Tenn.; Hollis Walser; James H. Shavers, Ala.; James R. Shancy,

Bridgeport; L. H. Blyard, Stevenson, Ala.; John H. Bastram,

Whitwell, Tenn.; Charlie Milton; John E. Myers, Coalmont, Tenn.;

George A. Green, Whitwell, Tenn.; Frank McCoy; Noah Tate,

Whitwell, Tenn.; Don Copeland, Dunlap; Carl Griffith, Whitwell,

Tenn.; Willie Godeby, Orme, Tenn.; Lonnie Marreson, Gruetli,

Tenn.; E. Jack Kirk, South Pittsburg; Lester Gene Layne,

Whitwell, Tenn.; Ralph G. Calhoun, Dunlap; Jim Kieber; Wally

Flay, Whitwell, Tenn.; Oscar Shrum, Whitwell, Tenn.; Fred

Moore, Signal Mountain; Ed Brown, Signal Mtn., Tenn.; Henry

Harvey, Davis, Tenn.; Sherman H. Campbell, Gruetli, Tenn.;

C. B. Hunkapiller Signal Mt., Tenn.; Homer Kilgore, Whitwell,

Tenn.; Randell Kilgore, Whitwell, Tenn.; Jerry Layne, Whitwell;

Murphy White, Whitwell, Tenn.; Eugene Lewis, Whitwell, Tenn.;

Barney Griffith, Whitwell, Tenn.; Larry Griffith, Whitwell, Tenn.;

Leslie Green, Whitwell, Tenn.•

'

Bob Smith, Whitwell, Tenn.;

James W. Myers, Tracy City, Tenn.; Harvey Blair, Whitwell,

Tenn.; Billy Ray Barnett, Whitweil, Tenn.; Jerry Rollins,

Whitwell, Tenn.; Clarence McGowan, Whitwell, Tenn.; John

Pugh, Whitwell, Tenn.; Charles Thompson, Jasper, Tenn.;

Preston Payne, Orme, Tenn.; Harold Girdley, Whitwell, Tenn.

Bobby Hegdorn, Whitwell, Tenn.; Sam Slattan, Whitwell, Tenn.

William Carson, Jasper, Tenn.; Wallace Stewart, Dunlap, Tenn.

Robert Payne, Whitwell, Tenn.•

'

Roy Green, Whitwell, Tenn.

Jimmy Robers, Whitwell, Tenn.; L. D. Dunnbaughour, Whitwell;

William A. Frizzell, Whitwed, Tenn.; Milton Casham, Whitwell,

Tenn.; Tommy Frizzell, Whitwell, Tenn.; Jerry McDonow,

Whitwell, Tenn.; Alton Sanders, Tracy City; Gene Sayne,

Whitwell, Tenn.; Kennith Kilgore, Whitwell, Tenn.; Tommy

Barnett, Whitwell, Tenn.; Danny Basham, Whitwell, Tenn.;

Ray Brown, Whitwell, Tenn.

ONEIDA, TENN., February 9, 1967.

Re Elzie H. Wooten, Federal Coal Mine Safety Board of Review Nominee.

Senator RALPH YARBOROUGH,

Chairman, Subcommittee on Labor of the Senate Committee on Labor and Public

Welfare, New Senate Office Building, Washington, D.C.

DEAR SENATOR YARBOROUGH: In accordance with the provisions of your hearing

concerning the approval of the above-named individual by the Senate, I desire to

submit ten additional affidavits of coal miners who live in the area where Mr.

Wooten was born and reared. These affidavits are in addition to the five already

submitted and further clearly demonstrate Mr. Wooten's lack of background,

training, or experience in the underground operation of coal mines.

I should like to also point out that on Page 28 of the stenographic transcript of

your hearing Mr. Wooten states that, "You take a miner working in the mines,

certainly he doesn't stay in there the full time probably. Sometimes he comes

out, sometimes he has chores on the outside." This does not coincide with the

facts relating to coal mining as the officers and representatives of Southern Labor

Union know them to be. It is common knowledge in the industry and an accepted

fact that coal loaders or machine operators, timber men and others commonly
NOMINATION 23

classified as underground employees stay in the mine for a full shift. Only the

supply men and motor men or repairmen will come and go as needed between the

outside and the inside of the mine. We have never known of a truck driver or

tipple operator being required to load coal and perform other underground activities as Mr. Wooten stated in his testimony at the hearing that he did. In fact,

none of the fifteen men whose affidavits have been and are being submitted have

ever known of Mr. Wooten having performed such duties, although they worked in

the mines and lived as neighbors to him.

On page 32 it is noted that Mr. Wooten stated "there shouldn't be less than

6,000 cubic feet per second going through the cross cut." It is apparent that

Mr. Wooten is unfamiliar with underground mining since this volume of air

would even blow the timbers out of the mine, and it would be impossible for

anyone to remain in the mine, let alone anyone trying to work. This velocity

of air would be as great as that involved in Mother Nature's worst hurricanes.

Mr. Wooten's lack of knowledge as to who is required to make the pre-shift examination (TR. p. 32), and his further lack of knowledge concerning permissible

equipment (TR. p. 30) further point out his failure to meet the requirements of

the law.

We might further point out for the perusal of the committee that on page 33

of the transcript, Mr. Wooten acknowledged that he was a member in 1966 of the

Policy Committee for the United Mine Workers of America and is still an active

member. To affirm this appointment would be to thwart the law, which as

Senator Morse so readily points out requires, that the nominee be a person who

by reason of previous training and experience may reasonably be said to represent

the viewpoint of coal miners in mines employing 14 or less employees underground.

The United Mine Workers of America already has one representative on the

Federal Coal Mine Safety Board of Review, representing the employees of the

larger mines. Mr. Wooten is unquestionably unqualified for the position to

which he has been nominated. We respectfully request that the committee

recommend against the approval of the nomination.

Respectfully submitted this 9th day of February, 1967, by

TED Q. WILSON,

General Counsel for Southern Labor Union.

Attachments.

STATE OF TENNESSEE,

County of Marion:

I, the undersigned, being first duly sworn, do hereby depose and say as follows:

I have lived and worked in the area where Elzie H. Wooten lives near Palmer,

Tennessee for the past 37 years. I have known Mr. Wooten for 12 years, and to

my knowledge he has never worked underground in the coal mines of Southeast

Tennessee or elsewhere.

In view of my many years of association with and knowledge of Elzie H. Wooten,

I do not feel that he is either competent or qualified by background, training or

experience to represent the interests of the small coal mine employees on the

Federal Mine Safety Board of Review.

TOMMY CAMPBELL,

Coal Miner.

Subscribed and sworn to before me this 9th day of February 1967.

'SEAL] W. M. ABLES,

Notary Public.

My Commission Expires October 10, 1970.

STATE OF TENNESSEE,

County of Marion:

I, the undersigned, being first duly sworn, do hereby depose and say as follows:

I have lived and worked in the area where Elzie H. Wooten lives near Palmer,

Tennessee for the past 26 years. I have known Mr. Wooten for 19 years, and to

my knowledge he has never worked underground in the coal mines of Southeast

Tennessee or elsewhere.

In view of my many years of association with and knowledge of Elzie H. Wooten,

I do not feel that he is either competent or qualified by background, training or
24 NOMINATION

experience to represent the interests of the small coal mine employees on the

Federal Mine Safety Board of Review.

SHUMAN H. CAMEAL,

Coal Miner.

Subscribed and sworn to before me this 8th day of February, 1967.

[SEAL]

My Commission Expires October 10, 1970.

W. M. ABLES,

Notary Public.

STATE OF TENNESSEE,

County of Marion:

I, the undersigned, being first duly sworn, do hereby depose and say as follows:

I have lived and worked in the area where Elzie H. Wooten lives near Palmer,

Tennessee for the past 28 years. I have known Mr. Wooten for 16 years, and to;

my knowledge he has never worked underground in the coal mines of Southeast

Tennessee or elsewhere.

In view of my many years of association with the knowledge of Elzie H. Wooten,

I do not feel that he is either competent or qualified by background, training or

experience to represent the interests of the small coal mine employees on the

Federal Mine Safety Board of Review.

Lots JOHNSON,

Coal Miner.

Subscribed and sworn to before me this 9th day of February, 1967.

[sEAL] W. M. ABLES,

Notary Public.

My Commission Expires October 10, 1970.

STATE OF TENNESSEE,

County of Marion:

I, the undersigned, being first duly sworn, do hereby depose and say as follows:

I have lived and worked in the area where Elzie H. Wooten lives near Palmer,

Tennessee for the past 37 years. I have known Mr. Wooten for 25 years, and to

my knowledge he has never worked underground in the coal mines of Southeast

Tennessee or elsewhere.

In view of my many years of association with and knowledge of Elzie H. Wooten,

I do not feel that he is either competent or qualified by background, training or

experience to represent the interests of the small coal mine employees on the

Federal Mine Safety Board of Review.

WESLEY JOHNSON,

Coal Miner.

Subscribed and sworn to before me this 9th day of February, 1967.

[SEAL] W. I. ABLES,

Notary Public.

My Commission Expires October 10, 1970.

STATE OF TENNESSEE,

County of Marion:

I, the undersigned, being first duly sworn, do hereby depose and say as follows:

I have lived and worked in the area where Elzie H. Wooten lives near Palmer,

Tennessee for the past 55 years. I have known Mr. Wooten for 25 years, and

to my knowledge he has never worked underground in the coal mines of Southeast Tennessee or elsewhere.

In view of my many years of association with and knowledge of Elzie H.

Wooten, I do not feel that he is either competent or qualified by background,

training or experience to represent the interests of the small coal mine employees

on the Federal Mine Safety Board of Review.

LUTHER COLAWELL,

Coal Miner.

Subscribed and sworn to before me this 8th day of February, 1967.

[SEAL] W. I. ABLES,

Notary Public.

My Commission Expires October 10, 1970.
NOMINATION 25

STATE OF TENNESSEE,

County of Marion:

I, the undersigned, being first duly sworn, do hereby depose and say as follows:

I have lived and worked in the area where Elzie H. Wooten lives near Palmer,

Tennessee for the past 69 years. I have known Mr. Wooten for 25 years, and to

my knowledge he has never worked underground in the coal mines of Southeast

Tennessee or elsewhere.

In view of my many years of association with and knowledge of Elzie H. Wooten,

I do not feel that he is either competent or qualified by background, training or

experience to represent the interests of the small coal mine employees on the

Federal Mine Safety Board of Review.

MARTIN TATE,

Coal Miner.

Subscribed and sworn to before me this 8th day of February, 1967.

[sEAL] W. M. ABLES,

Notary Public.

My Commission Expires October 10, 1970.

STATE OF TENNESSEE,

County of Marion:

I, the undersigned, being first duly sworn, do hereby depose and say as follows:

I have lived and worked in the area where Elzie H. Wooten lives near Palmer,

Tennessee for the past 71 years. I have known Mr. Wooten for 20 years, and to

my knowledge he has never worked underground in the coal mines of Southeast

Tennessee or elsewhere.

In view of my many years of association with and knowledge of Elzie H.

Wooten, I do not feel that he is either competent or qualified by background,

training or experience to represent the interests of the small coal mine employees

on the Federal Mine Safety Board of Review.

MORGAN JOHNSON,

Coal Miner.

Subscribed and sworn to before me this 8th day of February, 1967.

[SEAL] W. M. ABLES,

Notary Public.

My Commission Expires October 10, 1970.

STATE OF TENNESSEE,

County of Marion:

I, the undersigned, being first duly sworn, do hereby depose and say as follows:

I have lived and worked in the area where Elzie H. Wooten lives near Palmer,

Tennessee for the past 40 years. I have known Mr. Wooten for 10 years, and to

my knowledge he has never worked underground in the coal mines of Southeast

Tennessee or elsewhere.

In view of my many years of association with and knowledge of Elzie H. Wooten,

I do not feel that he is either competent or qualified by background, training or

experience to represent the interests of the small coal mine employees on the

Federal Mine Safety Board of Review.

NOAH TATE,

Coal Miner.

Subscribed and sworn to before me this 8th day of February, 1967.

[SEAL] W. M. ABLES,

Notary Public.

My Commission Expires October 10, 1970.

STATE OF TENNESSEE,

County of Marion:

I, the undersigned, being first duly sworn, do hereby depose and say as follows:

I have lived and worked in the area where Elzie H. Wooten lives near Palmer,

Tennessee for the past 49 years. I have known Mr. Wooten for 28 years, and to

my knowledge he has never worked underground in the coal mines of Southeast

Tennessee or elsewhere.

In view of my many years of association with and knowledge of Elzie H. Wooten,

I do not feel that he is either competent or qualified by background, training or
26 NOMINATION

experience to represent the interests of the small coal mine employees on the Federal Mine Safety Board of Review.

HARLY BRADEN,

Coal Miner.

Subscribed and sworn to before me this 8th day of February, 1967.

[SEAL] W. M. ABLES, JRNotary Public.

My Commission Expires Oct. 10, 1970.

STATE OF TENNESSEE,

County of Sequatchie:

I, the undersigned, being first duly sworn, do hereby depose and say as:follows:

I have lived and worked in the area where Elzie H. Wooten lives near Palmer,

Tennessee for the past 23 years. I have known Mr. Wooten for 12 years, and to

my knowledge he has never worked underground in the coal mines of Southeast

Tennessee or elsewhere.

In view of my many years of association with and knowledge of ElzieT.H.

Wooten, I do not feel that he is either competent or qualified by background,

training or experience to represent the interests of the small coal mine employees

on the Federal Mine Safety Board of Review.

JERRY McD ANIEL,

Coal Miner and Brother-in-law of Elzie H. Wooten.

Subscribed and sworn to before me this 8th day of February, 1967. •

[SEAL] MARY RUTH HEARD,

Notary Public.

My Commission Expires July 15, 1967.

(Whereupon, at 11:35 a.m., the hearing concluded.)

0