The Ontario Labour Relations Board (OLRB) has ordered both Vale and the Steelworkers to present more evidence at further hearings regarding the matter of eight workers fired by the company.

The Steelworkers filed a bargaining in bad faith complaint with the OLRB, alleging that Vale’s refusal to allow the workers to go to arbitration to see if they’ll get their jobs back is a breach of its duty to bargain under the Ontario Labour Relations Act.

The OLRB has decided that the union has successfully pled a “prima facie” case, meaning that “on its face,” it has established that there is enough evidence to prove that there’s been a breach of the company’s duty to bargain, Brian Shell, the Steelworkers’ lawyer, said.

However, the OLRB still wants to hear Vale’s explanation of why it doesn’t want the workers’ fate to be decided by an arbitrator.

“Determination of whether Vale maintaining to impasse its position of refusing to agree to just cause arbitration for employees discharged while on strike was patently unreasonable or even objectively unreasonable requires consideration of any justification offered by Vale for taking this position,” the Aug. 12 ruling, which was given by OLRB vice-chair Ian Anderson, stated.

“The evidence which Vale seeks to lead is thus relevant and admissible.”

No hearing dates have yet been set by the OLRB. Shell said he expects that five to eight days of hearings will be necessary to deal with the matter.

He said the hearings will likely be scheduled for September, and will last into October. Shell said he hopes to know sometime in October whether or not the fired workers — which include Steelworkers Local 6500 vice-president Patrick Veinot and treasurer Jason Patterson — will have access to arbitration.

“... we are delighted Vale will have to face the scrutiny of the Board, in public, and try to explain away its arrogance and disrespect for the USW and for its own employees’ rights.

Wayne Fraser,
Steelworkers District 6 director

The union had initially hoped that it wouldn’t be necessary for further evidence to be presented for the OLRB.

However, Steelworkers District 6 director Wayne Fraser said in a press release that while the union would have “preferred the position that Vale’s conduct was per se illegal, ending the matter and bringing the eight discharged strikers to arbitration right away, we are delighted that Vale will have to face the scrutiny of the Board, in public, and try to explain away its arrogance and disrespect for the USW and for its own employees’ rights.”

Steelworkers Local 6500 president Rick Bertrand said because the union has a “just cause” provision in its collective agreement, Vale has no reasonable basis for refusing just cause arbitration to the eight discharged strikers.

“If what the fellows allegedly did was so bad, then they will be gone and the arbitrator will decide that,” he said.

“But they must have that opportunity, that day in court, so to speak. This union is committed to ensure that every one of the eight discharged strikers has their case heard, at arbitration. It is way beyond my understanding how a company can refuse this fundamental right.”

Vale put out a statement about the OLRB ruling Aug. 12, stating that the company is “pleased” with the board’s decision.

“We are confident that once the facts are fully presented, the union’s allegation of bad faith will be dismissed and the board will conclude that the company bargained in good faith throughout and made every reasonable effort to conclude a collective agreement,” the statement said.

“The terminations that occurred during the strike were for valid and considered reasons and in no way related to the collective bargaining process.”