UPDATED Dec. 23 at 2:15 p.m.
The Ontario Labour Relations Board's decision to order Vale to allow Steelworkers Local 6500 vice-president Patrick Veinot on company property is a “landmark and precedent-setting decision,” according to the union's lawyer.
Veinot was one of nine workers fired by the company during a labour dispute between the two parties which lasted from July 2009 to July 2010. Because he was fired, the company has refused to allow him onto its property.
The decision was issued by the labour relations board during the evening of Dec. 22.
“When it became clear that the company's position was intractable and principled, the union filed an unfair labour practice complaint,” the Steelworkers' lawyer, Brian Shell, said.
“The complaint was dealt with by the new chair of the labour relations board, Bernard Fishbein. Mr. Fishbein issued a detailed decision with complicated reasons yesterday, examining the sections of the (Ontario Labour Relations Act), and all of the facts.
“He found, with no uncertainty, and in quite strong language rebuking the company, that the company had breached the act by refusing to allow the vice-president to perform his duties on company property.”
Shell said this is the first time the labour relations board has gone so far to enforce the section of the Labour Relations Act dealing with the interference in the administration of a union.
“This is not only a victory for this local union, this is a victory for all local unions,” he said.
“This victory stands for the proposition that an employer interferes in the administration of a trade union at its peril, and that the rights to administer the union and go on company property trump the company's allegations that it controls access to its property.”
As vice-president of the union, Veinot is the chair of the grievance committee, and would normally be involved in meeting with union members filing grievances, along with other union officials, on company property.
“Mr. Veinot is obviously ecstatic that he can more completely do his duty, and that the membership will have much more immediate access to him,” Shell said.
Vale spokesperson Angie Robson issued the following statement from the company: "We believe our actions with respect to this matter were appropriate. However, we acknowledge the decision and will comply with the order as outlined by the board."
Local 6500 president Rick Bertrand said in a press release that the union's membership “welcomes the vice-president back to their workplaces to perform his duties on their behalf, and so do I.”
“Recovery from such a bitter strike is no easy task,” Steelworkers District 6 director Wayne Fraser said, in the press release.
“Perhaps this decision is the beginning of the recovery process. The board has made it quite clear: Vale's post-strike assault on the continuing determination and solidarity of our members will not be tolerated. The interference in the union's administration must stop. This is a major victory that all right-thinking people will savour for a long time.”
A labour board decision regarding the union's bargaining in bad faith complaint against Vale is currently pending.
Steelworkers Local 6500 is alleging that the company's refusal to allow an arbitrator to decide on the fate of the fired workers, including Veinot, held up negotiations during the nearly year-long strike, and thus, the company bargained in bad faith.
The union has asked the labour board to allow an arbitrator to decide whether or not the workers should be given their jobs back.
Posted by Heidi Ulrichsen
