Massey Director Defends Board's Oversight Of Coal Company
April 29 2010 - 5:24PM
Dow Jones News
Massey Energy Co.'s (MEE) lead independent director defended the
board's oversight of the coal company, fending off criticism that
the board failed to police management's handling of safety issues
in the period before a deadly explosion this month.
Retired Adm. Bobby R. Inman wrote in an April 28 letter to a
group of public pension funds that the accusations are "patently
false." He said that the board works to ensure a "strong process"
for identifying "critical risks," and reaffirmed his support for
Massey's chief executive.
The letter came as a union-backed investment group stepped up a
campaign against three directors who are up for re-election. The
CtW Investment Group, an arm of labor federation Change to Win, on
Thursday said it has begun making presentations to big
institutional investors, urging them to withhold support for the
directors at Massey's May 18 shareholder meeting.
"Massey's alarming record of regulatory noncompliance and
corporate-governance failures make a clear immediate case for
shareholder action to remove these directors," said William
Patterson, Executive Director of the CtW Investment Group, in a
statement. The group works with union funds that hold less than 1%
of Massey shares.
Massey shares have declined more than 20% since reaching a high
of $53.05 on April 5, the day an explosion at the Upper Big Branch
mine killed 29 workers in the deadliest coal-mining accident in 40
years. Inman wrote that Massey's value has grown from $758 million
since the company went public in 2000 to about $4.2 billion as of
last Friday, and that Chief Executive Don Blankenship "has been
responsible for much of that growth."
A separate group of public pension funds, which include the
California Public Employees' Retirement System and the California
State Teachers' Retirement System, have also argued that the board
failed in its oversight and have said that Massey Chief Executive
Don Blankenship's dual position as chairman and top executive have
"severely compromised" that oversight.
In the letter to the pension funds, Inman countered that as lead
independent director "I play a very active role" and "have
consistently represented an outside perspective consistent with the
concerns and priorities of our shareholders." He also wrote that "I
stand by the independence of our board and the expertise of its
members."
The jousting came amid news of another deadly coal mining
accident, this time at an underground mine in Kentucky. A roof
collapse at the Dotiki Mine in Kentucky, owned by Alliance
Resources Partners LP (ARLP), left one worker dead and another
unaccounted for, the Mine Safety and Health Administration said on
Thursday. Rescue personnel are still trying to locate the second
miner, the agency said.
-By Siobhan Hughes, Dow Jones Newswires; 202-862-6654;
siobhan.hughes@dowjones.com
(Joann S. Lublin of the Wall Street Journal contributed to this
report.)
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