Attack on ‘scab’ who crossed Vale mine picket line ends in termination

Three mine workers involved in an attack on a so-called "scab" for crossing the picket line have lost their jobs — and will not get them back, an Ontario judge has ruled.

Jason Patterson, Patrick Veniot and Mike French (the latter of whom was vice-president of the local United Steelworkers chapter at the time) were fired from their jobs at the Vale mine in Sudbury, Ont., after assaulting a co-worker who crossed the picket line during a labour dispute.

Todd Chretien, the victim, was violently confronted by French, Patterson and Veniot back in January of 2010. According to the agreed statement of facts, French was the one who hit Chretien, while Patterson and Veniot stood by.

In the midst of a six-month strike that began in 2009 by USW Local 6500, Chretien went to work at the mine. As a plant operator, his job was critical and indispensable to smelting operations at the mine. He said he returned to work and crossed the picket line because he needed the money to pay child and spousal support.

After picketers saw smoke plumes emerging from the factory, it was clear operations had resumed. Chretien was then slammed by coworkers (whose identities remain a mystery) on the union’s website. But the situation boiled over in January, after he was cornered by the three grievors and assaulted by French.

During the attack, Chretien was called a "fucking scab" several times, according to the ruling.

While both the victim and his attackers shared different accounts of the attack itself, Chretien did seek medical attention at a walk-in clinic immediately after. He suffered minor injuries, but did not miss any work as a result.

French turned himself in at the local police station the next day, and all three were discharged shortly after that.

When the USW filed their grievance, they argued the termination was too severe — and instead suggested a suspension for French.

While French indeed deserved to be disciplined for hitting Chretien, the other two workers were simply innocent bystanders. As well, there could be no clear-cut, factual evidence pointing to the fact the assault was premeditated. Instead, the union called it a random heat-of-the-moment-act spawned by the frustration of a long, bitter and gruelling labour dispute.

"There was, the union observed, a giant gulf between what actually happened and what the employer said occurred," the decision reads. "Mr. Chretien went to a walk-in clinic, no treatment was administered. He was sent home and missed no work. The incident was not premeditated. It was not vicious and brutal."

Also, all three were long-service employees with relatively good reputations. Between the three grievors, they had 57 years of experience at the mine.

Vale disagreed. French committed an assault on Chretien for exercising his legal right to return to work. Moreover, Patterson and Veniot may not have physically hurt Chretien, but they did commit a verbal assault.

"It was three against one. There were no innocent bystanders," Vale said.

It was also no coincidence the assault took place on the same day the smelter resumed its operations. Workers could clearly see smoke billowing from the mine, indicating operations were back in full swing. And they decided to do something about it, Vale contended.

William Kaplan, the sole arbitrator, did not reach his decision to uphold the termination alone.

All three assailants were charged with harassment under the Criminal Code, and French was also criminally charged with assault. In early 2011, another judge acquitted all three of harassment charges, but French was convicted of assault.

Kaplan said that could not be ignored.

"In general, arbitrators agree that the absence of a disciplinary record and long service alone are insufficient to mitigate against termination for serious workplace violence or threats of violence," Kaplan said in his ruling. "Without any doubt, violence and threats of violence in the workplace are, as they should be, taken extremely seriously by the workplace parties…It is public policy in Ontario that everyone be able to work without fear of violence or harassment."

So, Kaplan dismissed the case. And the union has indicated its plan to challenge the decision.

Reference: Vale Canada and the United Steelworkers (USW) Local 6500. Sole arbitrator — William Kaplan. Steven Shamie for the Employer. Brian Shell for the Union. Aug. 26, 2013.