UNITED STEELWORKERS NEWS RELEASE: Double Fatality at Vale Mine Could Have Been Avoided

29 February 2012

For the full report: Run of “Wet Muck” Double Fatality Investigation Report by USW Local 6500

Double Fatality at Vale’s Mine in Sudbury Could Have Been Avoided: Steelworkers’ Investigation Report Finds

Province Should Consider Criminal Charges

Sudbury/Toronto – Based on the results of a damning investigative report into a double fatality at Stobie Mine in Sudbury, the United Steelworkers (USW) is calling on the Ontario Government to consider laying criminal charges against officials and management of Vale, the mine’s owner, and against the company itself. The Union says the government must also immediately establish a Commission of Inquiry into Mine Safety.

USW Local 6500 in Sudbury today released the results of an eight-month investigation into the deaths Jason Chenier and Jordan Fram on June 8th, 2011. The two miners died after a torrent of wet mud and ore flooded the tunnel where they were working.

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VALE STATEMENT REGARDING RELEASE OF USW LOCAL 6500 INVESTIGATION INTO 2011 FATALITIES AT STOBIE MINE

For Immediate Release

SUDBURY, February 29, 2012 – Vale today released the following statement from Kelly Strong, Vice President, Mining & Milling (North Atlantic Operations) and General Manager, Ontario Operations, regarding the United Steelworkers Local 6500 investigation report into the deaths of Jason Chenier and Jordan Fram in June 2011:

“We received the union’s investigation report this morning and are in the process of reviewing it very carefully.

The USW document contains serious allegations, and calls for the government to consider laying criminal charges against the Company and individuals. As a result of this, we are not able to discuss the specific allegations contained in the report.

While a detailed review is ongoing, our preliminary reading of the report indicates that there is no new factual information that our investigation team had not considered. There is, however, a distinct difference with how the USW has chosen to interpret and draw conclusions from those facts. 

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Vale displayed “reckless disregard” for safety, [Sudbury] union report says; criminal investigation sought – by Carol Mulligan (Sudbury Star – February 29, 2012)

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

Jason Chenier spent his last days in early June as a supervisor at Vale’s Stobie Mine alerting management about the safety hazards related to excess water and other factors underground.

Chenier, 35, erected double guardrails at two levels of the mine to act as “shutdown signals” that the areas were unsafe.

The guardrails were removed under management’s direction and re-installed as many as three times in the next two days.

He e-mailed management with concerns about excess water in areas where employees were working.

On June 7, 2011, he e-mailed Vale management advising it “should not be dumping ore or blasting this ore until the water situation is under control.”

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Vale saying little about ruling – by Star Staff (Sudbury Star – February 28, 2012)

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

LABOUR RELATIONS: Board decision favours union

Vale is still not commenting on the decision Friday by the Ontario Labour Relations Board to direct the matter of eight discharged employees to just cause arbitration.

Vale spokeswoman Angie Robson said Monday at 4 p.m. she had nothing to add to a statement issued Saturday at The Sudbury Star’s request.

Robson said then that Vale is continuing to “review and assess the decision of the Ontario Labour Relations Board. “The OLRB has made no ruling on the correctness or legitimacy of the discharges,” said Robson.

The purpose of the hearings into United Steelworkers unfair bargaining complaint against Vale was not to determine if the firing of eight Steelworkers during their year-long strike against the mining company were justified.

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Board decision strikes ‘to the core:’ lawyer – by Carol Mulligan (Sudbury Star – February 27, 2012)

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

The decision by the Ontario Labour Relations Board to directly send the discharges of eight Steelworkers to arbitration is one of the most far-reaching made by the board in a decade, said United Steelworkers lawyer Brian Shell.

The board ruled in favour of the union Friday and is directing Vale to enter into arbitration to decide the fate of eight men fired during United Steelworkers’ bitter year-long strike against Vale.

Shell said the decision goes to the core of collective bargaining, “the core of the right to strike and to the core of the dig-n ity unionized workers are entitled to by joining a union, by having a bargaining agent and by having that bargaining agent do collective bargaining for them.

“It goes right to the heart of the entire system of labour relations,” Shell said. Vale has had little to say about Friday’s decision other than to release this statement Saturday afternoon that its team continues to “review and assess” the board’s 29-page decision.

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NEWS RELEASE: “Patently Unreasonable” Vale Breaks Ontario Labour Law

Media release

Labour Board Ruling Vindicates Steelworkers In Case of Fired Employees
SUDBURY, 24 February, 2012 – Mining giant Vale engaged in “patently unreasonable” conduct and violated provincial labour law by firing nine Sudbury workers without recourse to arbitration, the Ontario Labour Relations Board has ruled.

“This ruling is another concrete example of Vale’s blatant disregard for workers’ rights, for our laws and for our country’s labour relations traditions and culture,” said United Steelworkers International President Leo Gerard.

“This is a major victory for our union, for the working families who have been adversely affected by Vale’s unlawful conduct, and for unionized workers throughout the province,” said USW Local 6500 President Rick Bertrand.

“It is shameful that the affected families have suffered in limbo for more than two years due to Vale’s illegal decision to deny workers their right to independent arbitration,” Bertrand said.

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Former Vale worker vindicated by OLRB ruling – by Carol Mulligan (Sudbury Star – February 25, 2012)

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

Brian Miller has lived in Sudbury since 1979, but, for the last two years, he has felt like an outcast. Miller, 42, was one of nine Steelworkers fired during the union’s year-long strike against Vale Ltd. from July 2009-2010. (One retired after the strike.)

Miller worked his last shift as a development miner at Frood Mine on May 28, 2009. He had 13 years with the company when his union went on strike July 13 of that year.

He was fired Feb. 23, 2010, in the midst of the most bitter labour dispute to rock the Nickel City in decades.

Miller was pleased to learn Friday the Ontario Labour Relations Board had ruled his dismissal, and those of Steelworkers Ron Breault, Mike Courchesne, Adam Cowie, Dan Labelle, Mike French, Jason Patterson and Patrick Veinot, will go to arbitration.

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Vale firings breached act: OLRB – by Carol Mulligan (Sudbury Star – February 25, 2012)

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

A provincial arbitrator will decide if the firings of eight Steelworkers during their yearlong strike against Vale Ltd. were justified after a ruling Friday by the Ontario Labour Relations Board.

The board directed arbitration of the men’s dismissals on a just cause standard more than two years after their union, United Steelworkers, filed a bad-faith bargaining complaint against the Brazil-based miner.

The original complaint was filed Jan. 13, 2010, at the six-month mark of a bitter strike by 3,400 USW members in Sudbury and Port Colborne.

The complaint changed during the two years from one about Vale refusing to collectively bargain to whether the firings of nine men during the strike should be sent to arbitration.

(One of the fired men retired at the end of the strike.)

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[Vale Sudbury’s] Copper Cliff Mine first to resume production – by Carol Mulligan (Sudbury Star – February 10, 2012)

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

Vale Ltd. is ramping up to resume production at Copper Cliff Mine this weekend, almost three weeks after production was halted at all five Sudbury mines after a Jan. 29 fatal accident at Coleman Mine in Levack.

The mines were closed for a safety pause after experienced development miner Stephen Perry, 47, was killed while operating machinery at the 4,215-foot level of the main ore body at Coleman.

The company and its employees, both union and non-union, have been working together since Perry’s death to ensure the mines are safe for about 1,550 production and maintenance workers when they return.

Vale’s Angie Robson said she expects most of the company’s mines will be back in production by the end of next week. “At Creighton Mine, we are working on some maintenance of our shaft, and expect to start production there by the last week of February,” said Robson.

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[Sudbury Vale workers] Back to work – by Carol Mulligan (Sudbury Star – Febraury 9, 2012)

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

Vale’s five Sudbury mines should be back in production by the end of next week, says a company spokeswoman.

Production at the mines was halted Jan. 30 after an experienced development miner, Stephen Perry, was killed on the job at Coleman Mine on Jan. 29.

Since then, Vale has been working with employees to ensure all five mines in Sudbury — Coleman, Creighton, Stobie, Garson and Copper Cliff — are safe places for production and maintenance employees to return to work.

“Production will start resuming at our mines as safety issues are addressed and completed,” Vale’s Angie Robson said Wednesday. “We expect that by the end of next week, most of our mines will be back into production.”

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[Sudbury Vale] Workers back after fatality – by Carol Mulligan (Sudbury Star – February 3, 2012)

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

As a memorial mass is being said today for a veteran miner killed on the job, crews will start returning to five Vale mines where production was suspended after the fatality.

Stephen Perry, 47, died Sunday afternoon after being struck by rock while working on a piece of loading equipment at the 4,215-foot level of the main ore body at Coleman Mine in Levack. Hundreds of people, including about 45 family members from his native Newfoundland, were expected to attend the 10 a.m. service.

About 1,550 production and maintenance workers have been off the job, with pay, since Perry was killed. While some will start returning to work, the focus will remain on safety and not production, said Vale spokeswoman Angie Robson.

Returning workers will be “focused on tasks associated with safety and risk management, and not production-related work,” said Robson. “There is still no timeline on when our mines will return to production.”

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Another death at Vale’s Sudbury mines – Editorial (Northern Miner – February 6-12, 2012)

The Northern Miner, first published in 1915, during the Cobalt Silver Rush, is considered Canada’s leading authority on the mining industry.

The month of January closed out with Vale having temporarily halted all underground mining at its five nickel mines in Sudbury, Ont., following the death of a miner at the Coleman mine on Jan. 29.

Miner Stephen Perry, 47, was working on the 4,215-ft. level when he was struck by “what appears to be a displacement of material or rock from the development face in the main orebody,” commented Kelly Strong, Vale’s North Atlantic vice-president of mining and milling, in an early Jan. 30 news conference.

Perry was brought to surface where he was pronounced dead by medical personnel, said Strong, who extended his condolences to the miner’s family and friends. He had been with the company for 16 years. This is the fourth fatality in seven months at Vale’s Canadian operations, and the third death at the company’s Sudbury mines.

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Vale, [Sudbury] union agree to work together – by Carol Mulligan (Sudbury Star – February 2, 2012)

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

United Steelworkers Local 6500 and Vale Ltd. have agreed to conduct a joint investigation into the death of veteran miner Stephen Perry at Coleman Mine on Sunday.

Six people — three from the company and three from the union — will meet Thursday to begin work on the investigation into the fatal accident.

The shutdown at Vale’s five Sudbury mines will continue so the focus remains squarely on safety, and not on production, said Angie Robson. Local 6500 president Rick Bertrand said he was happy the two sides agreed to work together.

“Hopefully, things will be much better here on in,” in terms of both safety and labour relations, said Bertrand.

Mine production was halted Sunday after Perry, 47, was killed while operating a loader at the 4,215-foot level of the Coleman shaft of the main order body at mine in Levack.

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Joint [Vale/union] investigation preferable in accidents – Editorial by Brian MacLeod (Sudbury Star – February 1, 2012)

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

The tragedy of death underground has revisited Sudbury in a manner that leaves all of us asking how this could happen again at a company that has more than 100 years of experience in mining.

Stephen Perry, 47, a 16-year miner at Vale, died at the 4,215-foot level at Coleman Mine in Levack on Sunday after he was struck by loose rock while he was working at a development heading.

The incident happened just days after Vale officials presented their findings about the deaths in June of two miners, Jason Chenier and Jordan Fram, after they were overcome by 350 tonnes of muck and sand while they were working at the 3,000-foot level of Stobie Mine.

Vale has suspended all five of its underground mining operations, affecting more than 1,500 workers, in order to come up with plans to ensure a safe working environment.

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Mass for killed [Vale Sudbury] miner set for Friday – by Carol Mulligan (Sudbury Star – February 1, 2012)

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

A memorial mass will be held Friday at 10 a.m. at Christ the King Church for Stephen Perry, who was killed Sunday afternoon on the job at Coleman Mine in Levack.

Perry was from Corner Brook, Nfld., but had worked with Inco and Vale for 16 years. Vale vice-president Kelly Strong called Perry a skilled and experienced miner who was respected by his colleagues. Family in Newfoundland said he was a kind and giving man, who would do anything to help someone in need.

Perry is survived by a daughter and several siblings.

Vale suspended operations at all five Sudbury mines after Perry was killed working on a piece of machinery to load blasting equipment to open up the 4,215-foot heading off the Coleman shaft in the main ore body.

The Ontario Ministry of Labour and Greater Sudbury Police Service have been at the site beginning their investigations. Vale and the union representing Perry, United Steelworkers Local 6500, will also conduct investigations.

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