Mining Labour Issues and History – Sudbury and Global – Page 14

Anglo American SA silicosis liability could be largest yet – lawyers – by Natalie Greve (MiningWeekly.com – March 7, 2013)

March 8, 2013

http://www.miningweekly.com/page/americas-home

JOHANNESBURG (miningweekly.com) – A silicosis class action application launched on Thursday against mining giant Anglo American South Africa (AASA) could result in the largest-ever silicosis liability of any gold mining company.

So asserted the legal collaboration that filed the application in the Johannesburg High Court and which comprised the Legal Resources Centre (LRC), Garratt Mbuyisa Neale attorneys (GMN), London-based lawyers Leigh Day and Legal Aid South Africa.

The application would be served on Thursday on AASA, a company believed to hold assets worth some $15-billion.

The legal team said in a statement that the application was opt-out and, therefore, provided a mechanism through which the interests of the wider class of silicosis sufferers ¬– including those who were unaware that they had the disease – were protected.

The class action application against AASA was a ‘natural progression’ from the President Steyn litigation against AASA, it claimed.

In 2004, 18 claims relating to miners employed at AASA’s President Steyn mine, in the Free State, were filed by the same legal team, alleging that AASA negligently controlled and advised its mines with regard to the prevention of dust exposure and silicosis.

Group takes [mining deaths] probe pitch north – by Carol Mulligan (Sudbury Star – March 4, 2013)

March 4, 2013

The Sudbury Star is the City of Greater Sudbury’s daily newspaper.

The Sudbury committee struck to lobby the province to conduct an inquiry into mining practices in Ontario will take its campaign on the road next month.

MINES (Mining Inquiry Needs Support) has been invited by United Steelworkers speak to its members in Timmins on March 24. Local 7850 members work for Goldcorp Porcupine and Hollinger mines.

Everyone’ Local 7850 The MINES committee formed after a United Steelworkers investigation into the June 8, 2011, deaths of two men at Vale’s Stobie Mine called for an inquiry to review an industry that hasn’t been under the microscope in 30 years.

Jason Chenier, 35, and Jordan Fram, 26, were killed while working at the 3,000-foot level of the century-old mine when they were overcome by a run of 350 tons of muck. The USW investigation found that excess water was a problem in the mine and that safety warnings by Chenier a day or two before the accident were not addressed.

Briana Fram, Jordan’s sister, is secretary of the committee chaired by her mother Wendy. MINES launched a postcard campaign last year to convince then Labour Minister Linda Jeffrey to order a mining inquiry.

Steel VP resigns in union spat – by Carol Mulligan (Sudbury Star – February 11, 2013)

February 11, 2013

The Sudbury Star is the City of Greater Sudbury’s daily newspaper.

The executive board of United Steelworkers Local 6500 will decide in the next few weeks about appointing someone as the local’s vice-president, after the man elected to the post eight months ago quit the position last month.

Denis Theriault tendered his resignation to the union Jan. 18, saying he couldn’t serve the membership due to “opposing ideology and philosophy” with other union executives.

Theriault has returned to his duties as surface training inspector at Vale’s Copper Cliff Smelter Complex, concluding he wasn’t able “to build or foster a good working relationship with the group that’s there,” he said when contacted by The Star.

Theriault won the vice-presidency in April, after defeating incumbent Patrick Veinot. Veinot was appointed VP in 2010 after president John Fera retired, vice-president Rick Bertrand moved up to president and the executive appointed Veinot VP.

Theraiult said he wasn’t part of a slate of candidates running against Bertrand, Veinot and others last year, although he put his name forward “as an alternative with a group of people. We weren’t a full slate.” He was the only one of the six elected.

He said tried to build over time a better relationship with Bertrand and the executive, “and it just wasn’t happening.”

Tentative deal [with Sudbury Xstrata union] reached at 7:45 a.m. – by Jonathan Migneault (Sudbury Star – February 1, 2013)

February 1, 2013

The Sudbury Star is the City of Greater Sudbury’s daily newspaper.

UPDATE: A deal was reached about 7:45 a.m. Fri. Ratification meetings will be held at 1 and 7:30 p.m. at the Dowling Leisure Centre.

Negotiators for Xstrata Nickel and Mine Mill/C AW Local 598 were still bargaining in an effort to reach a new collective agreement at press time Thursday.

About a half-dozen workers began preparing the picket line outside the Falconbridge smelter at midnight when the last contract expired. Some employees said that as long as talks continued, it was good news. “We’re just going to wait it out,” said Raz Delmastro, a health and safety worker at the smelter.

When the last negotiations occurred between the union and Xstrata in 2010, talks continued until 5 a.m. before an agreement was reached. Earlier Thursday, Guy Desloges, Xstrata Nickel unit chair for Mine Mill, confirmed that bargaining was continuing.

He offered only a “no comment” when asked how talks are progressing, but said the union has completed its strike preparations in the event a new deal was not reached by 12:01 a.m. Friday, when its three-year contract with Xstrata Nickel expires

[Sudbury] Union presses for safety probe – by Carol Mulligan (Sudbury Star – January 26, 2013)

January 28, 2013

The Sudbury Star is the City of Greater Sudbury’s daily newspaper.

The result of a Ministry of Labour investigation into the Jan. 29, 2012 death of Vale miner Stephen Perry confirms the need for an inquiry into mine safety in Ontario, says the president of the union to which Perry belonged.

Rick Bertrand, head of United Steelworkers Local 6500, repeated the call for an inquiry originally made after the investigation into the deaths of Stobie miners Jason Chenier, 35, and Jordan Fram, 26, on June 8, 2011.

The labour ministry released its summary report on Perry’s death Friday, saying it would not be laying charges under the Occupational Health and Safety Act. In the Stobie deaths, 15 charges were laid by the ministry against Vale and one of its supervisors, under that same act, and they are proceeding through the court system.

Bertrand said the labour ministry’s investigation confirmed a finding of the union’s joint investigation with Vale into Perry’s death at Coleman in Levack. “Stephen Perry was killed even though he did everything right at work that day,” said Bertrand. “This tragedy re-confirms there is more we can, and must, do to prevent workplace deaths.”

Xstrata, Mine Mill brace for possible job action – by Star staff (Sudbury Star – January 26, 2013)

January 28, 2013

The Sudbury Star is the City of Greater Sudbury’s daily newspaper.

It’s the yin-yang of contract negotiations. As bargaining committee members for Mine Mill Local 598/CAW and Xstrata Nickel met Friday to forge a new collective agreement, preparations were going on — on both sides — should those talks fail.

Residents of Falconbridge, where Xstrata Nickel’s Sudbury operations are headquartered, received letters in the mail from the union, asking for their “support, co-operation and patience should it be necessary.” The deadline for the current three-year contract between the miner and its union is Jan. 31. Local 598 has a 96% strike mandate from members should it need it at 12:01 a.m. Feb. 1.

Since talks began in December, both sides have said they have hopes of settling a new three-year deal. But in labour negotiations, it’s customary for both sides to prepare for the worst while hoping for the best.

Anne Marie MacInnis, vice-president of Mine Mill 598/CAW, is strike co-ordinator for the local. She was awaiting delivery Friday afternoon of a 10-by 44-foot strike trailer to be placed on city property in front of Xstrata Nickel’s operations.

Schedules for picket duty were also being drafted, arrangements were being made to set up accounts to purchase food and gasoline, and other strike-related actions were being planned.

Most Podolsky miners to be transferred – by Carol Mulligan (Sudbury Star – January 24, 2013)

January 24, 2013

The Sudbury Star is the City of Greater Sudbury’s daily newspaper.

A joint union-company committee has saved the jobs of 65 production and maintenance workers at KGHM’s Podolsky Mine, which is scheduled to cease production on March 29.

The mine will go on care and maintenance for at least a year, and dozens of members of United Steelworkers Local 2020 will be transferred to KGHM’s McCreedy and Levack mine operations.

When the production halt was announced earlier this month, it was expected 70 people would lose their jobs. That number rose to 85 because there were workers at other KGHM operations doing jobs related to Podolsky.

As it stands, a maximum of 20 people will receive notices of layoff or potential layoff before Feb. 1, said Wess Dowsett, USW staff representative and area co-ordinator. “That’s pretty awesome,” said Dowsett, “and they’re still working to reduce that number even more yet.”

None of the 65 people being transferred will have their job classifications or their wages downgraded. While KGHM and the union may experience “a few bumps and burps,” both sides are committed to reducing the impact of the Podolsky closure, said Dowsett.

[Xstrata Nickel] Mine Mill votes to strike – by Jonathan Migneault (Sudbury Star – January 17, 2013)

January 17, 2013

The Sudbury Star is the City of Greater Sudbury’s daily newspaper.

Members of the Canadian Auto Workers Mine Mill Local 598, which represents about 900 Xstrata Nickel miners in Sudbury, voted 96% in favour of a strike mandate if a new contract is not negotiated by Jan. 31.

The union members were also 100% in favour of re-opening their personal strike funds in the event they need to subsidize strike pay. The strike vote was held Wednesday during three meetings of union members.

Richard Paquin, Local 598’s president, said the union’s intent is not to go on strike, but to negotiate a deal before the Jan. 31 deadline. He said the strike mandate will give union negotiators more bargaining power during contract talks.

“We’re optimistic we can get a new contract,” Paquin said. “We have the last three tentative agreements that we did with them, so we’re confident we can do it again.”

Xstrata Nickel’s Sudbury operations consist of the Nickel Rim South Mine, Fraser Mine, a mill and a smelter. Nickel and copper are the primary metals produced in Sudbury, but cobalt and precious metals, such as platinum, are also mined.

Paquin did not disclose details about ongoing negotiations, but did say the two sides have discussed language issues with Xstrata, but have yet to tackle monetary issues.

14-ton rock killed Coleman miner: Report – by Carol Mulligan (Sudbury Star – January 9, 2013)

January 9, 2013

The Sudbury Star is the City of Greater Sudbury’s daily newspaper.

The Ministry of Labour has three weeks to complete its investigation into the Jan. 29, 2012, death of development miner Stephen Perry at Coleman Mine, and to determine if charges should be laid under Ontario’s Occupational Health and Safety Act.

A joint investigation by Perry’s union, United Steelworkers Local 6500, and Vale showed the 47-year-old miner died after a 14-ton piece of rock broke from the wall, or face, he was working on at the 4,215-foot level of the main ore body at the mine in Levack.

The investigation, which wrapped up last April but was not released publicly, produced 15 recommendations to avert similar tragedies from occurring. The investigation concluded Perry, who had 16 years’ experience, died while operating a piece of machinery to load explosives into holes in the face when the piece of loose rock broke free from the wall and crushed him.

The president of USW Local 6500, Rick Bertrand, said Perry did everything he was supposed to do while working in the area.

Bertrand hasn’t seen the results of the Labour ministry’s investigation, but said Tuesday he doesn’t expect the ministry will lay charges in Perry’s death. It has one year after a fatality to investigate and decide if it will lay charges.

[Sudbury] Local 598 starts talks with Xstrata – by Heidi Ulrichsen – Sudbury (Northern Life – December 19, 2012)

December 20, 2012

http://www.northernlife.ca/

Negotiations ‘cordial and sincere‘

Mine Mill Local 598/CAW began negotiating a new contract with Xstrata Nickel on behalf of its 900 members who work for the company Dec. 14. The union’s three-year deal with Xstrata Nickel expires at midnight Jan. 31.

So far, negotiations have been “cordial and sincere,” and the bargaining committee is cautiously optimistic a new contract can be reached without a labour dispute, a press release from the union said.

“We’ve had a good relationship with them over the last three years,” said Local 598 president Richard Paquin. “All indications so far are they want to maintain that.”

Negotiations will continue through the Christmas season as both parties try to come to an agreement, he said. If a deal isn’t reached by mid-January, Local 598 will hold a strike vote, Paquin said. During the last set of negotiations in 2010, a deal wasn’t reached until the early morning hours of Feb. 1, a few hours after the contract expired.

In the end, the union didn’t give up any concessions, and it doesn’t plan to do so this time, either, Paquin said. The 2010 negotiations were difficult, but “all negotiations are difficult,” he said.

Fired Vale striker gets his job back – by Carol Mulligan (Sudbury Star – December 13, 2012)

December 13, 2012

The Sudbury Star is the City of Greater Sudbury’s daily newspaper.

The first miner fired during the year-long strike by United Steelworkers against Vale has been reinstated to his position at Vale’s Coleman Mine.

Ron Breault was fired by the mining company in September 2009, two months after about 3,000 members of USW Local 6500 in Sudbury and Local 6200 in Port Colborne went on strike.

Arbitrator Janice Johnston released her decision Wednesday. She ruled Breault should get his job back, with full seniority and benefits, and that he be awarded about 19 months of back pay.

Brian Shell, the lawyer representing USW and Breault, said Johnston gave Breault a 30-day suspension because of “some words he spoke on the picket line.” But she ruled firing Breault was too severe a penalty. USW Local 6500 president Rick Bertrand said Breault was happy and relieved to get his job back.

Breault happened to be standing outside the Steel Hall at Brady Street when Bertrand called him to tell him the good news. Bertrand said Breault and his union knew he was innocent of allegations of misconduct, for which Vale fired him during the strike.

Family, MPP push for [mining safety] inquiry – by Carol Mulligan (Sudbury Star – November 26, 2012)

November 26, 2012

The Sudbury Star is the City of Greater Sudbury’s daily newspaper.

Jordan Fram had always wanted his mother, Wendy Fram, to go underground to visit where he worked at Vale’s Stobie Mine. Wendy Fram would tell her son: “Jordan, you’re never going to get me down underground. I can’t even get in that cage, let alone go under-ground.”

Wendy Fram did travel 3,000 feet underground at Stobie Mine late in the summer of 2011. She visited the spot where Jordan, 26, and his colleague, Jason Chenier, 35, were killed June 8 when they were overcome by a run of 350 tons of muck.

Fram wasn’t thinking about the need for an inquiry to review mining practices in Ontario when she went with her son Jesse, daughter Briana and their partners to say a prayer for the men and to lay flowers for them.

Still, Fram noticed even then there were changes that could be made. When Fram had heard the word muck before, she thought mud — not the huge boulders and rock and water she saw underground.

When she saw where her boy had worked, Fram said, “I couldn’t believe that people work in those conditions. I was devastated. I couldn’t believe it.”

[Sudbury] Local likes [Glencore-Xstrata] mine deal – by Carol Mulligan (Sudbury Star – November 21, 2012)

November 21, 2012

The Sudbury Star is the City of Greater Sudbury’s daily newspaper.

The takeover of mining giant Xstrata Nickel by trader Glencore could be a good thing for Sudbury, says the president of the union representing 855 production and maintenance workers at Xstrata’s Sudbury operations.

The $31-billion takeover approved by Xstrata shareholders Tuesday could result in more investment in exploration and mine development, said Richard Paquin, president of Mine Mill Local 598/CAW.

The deal isn’t final, said Paquin, as it requires regulatory approval by several countries, including the European Union. But it is one step closer to a merger almost one year in the making.

Xstrata shareholders were expected to approve the takeover offer Tuesday and they did, but they surprised observers by failing to endorse a plan that would pay top Xstrata executives big money to remain with the merged company.

Those key executives won’t get that protection with this approval, said Paquin, adding that is not his and his union’s issue. Nor are Paquin and his union worried about being taken over by another foreign company.

Union wary of Vale move – by Sebastien Perth (Sudbury Star – November 7, 2012)

November 7, 2012

The Sudbury Star is the City of Greater Sudbury’s daily newspaper.

Union leaders say they are suspicious of a move by Vale to house temporary workers dur ing construction of the company’s $2-billion pollution reduction project in Sudbury.

“I think its 90-10,90% towards the labour issue, 10% towards housing contract workers,” said Dennis Theriault, vice-president of Steelworkers Local 6500. “I think our community of 160,000 can handle an influx of 1,3001,800 workers, particularly when a great deal of those workers are supposed to be from our local community.”

Vale has applied to the city’s planning committee to amend a zoning bylaw to allow the company to house temporary workers working on its massive Clean AER project. Theriault, however, said the application is a charade to hide Vale’s real plans of housing replacement workers during a future labour dispute.

“I’m very disappointed and very concerned about this. The timing of the application reeks of an opportunity to house workers around the date of our contract ending. That would definitely have a huge impact on our bargaining position,” Theriault said.

The collective bargaining agreement between the USW and Vale expires May 31, 2015.