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Hamilton-based steelmaker Stelco says it will proceed with hundreds of layoffs, despite threats of legal action from the federal government.
In a letter obtained by CBC News, Stelco Inc., which is owned by Ohio-based Cleveland-Cliffs, says it rejects allegations from Ottawa that it is violating binding employment commitments under the Investment Canada Act (ICA).
“Your representation that Stelco’s planned layoffs cause it to breach its undertakings is false,” says a letter written to Industry Minister Mélanie Joly by Paul Simon, president and general counsel at Stelco Inc.
Citing the ICA’s guidelines, Simon went on to write that “the undertakings do not stipulate a commitment to avoid layoffs, nor do they include a requirement that employment levels be above a certain amount on each day of the five years of the undertakings.”
The letter comes after Joly issued an ultimatum last week to the company: share a plan to save the up to 500 jobs that could be impacted at the Hamilton plant or face potential legal action.
In a statement to CBC News, Ron Wells, president of United Steelworkers Local 1005, said he was “not surprised with Stelco’s convoluted response.”
WATCH | Up to 500 Stelco employees impacted by layoffs:
Stelco layoffs start despite Ottawa’s legal threats
Stelco started laying off steelworkers at its Hamilton plant despite government demands that it reveal a jobs-saving plan within five days or face potential legal action.
The bigger problem is that the union, which represents the affected workers, was not privy to the agreement in the first place,” he said. “As the group with the most at risk, we weren’t consulted or [given] a chance to review the undertakings.”
Cleveland-Cliffs acquired Stelco in a $3.4-billion cash-and-stock deal that, according to a news release at the time, kept “national interests at the forefront” and recognized the “importance of the workforce.”
According to Joly’s letter, this includes “undertakings to continue to employ at least the same number of unionized employees and the vast majority of non-unionized employees as were employed when the transaction was announced.”
Joly said the company’s commitments “do not cease to apply simply because business strategy or market conditions have changed.”
Prime Minister Mark Carney also said last week that Ottawa will “use all powers that we have” against Cleveland-Cliffs as it pursues the Ohio-based company to the “fullest extent of the law.”
WATCH | Carney says feds will pursue legal action if needed against Stelco:
Stelco ‘betrayed’ Ontario workers with layoffs, Carney says
Prime Minister Mark Carney says Canada will ‘use all the powers that we have’ to ensure that Stelco meets its ‘legal obligations for employment.’ The company, which is owned by U.S.-based Cleveland-Cliffs, announced plans on Monday to idle some production at its Hamilton plant, putting hundreds of workers out of a job.
In 2009, Industry Canada sued Stelco’s previous owner, U.S. Steel, over job protection. The matter was settled out of court in 2011.
Stelco alleges Ottawa knew of its intentions
In its letter to Joly, the company emphasized “Stelco’s situation is a result of factors beyond its control” — citing the impact of U.S. President Donald Trump’s 50 per cent tariffs and the ongoing trade war.
The federal government has said that Stelco refused offers of financial support before choosing to announce it was idling its Hamilton plant.
Stelco’s letter alleges that “the government’s offers of financial assistance were not responsive to the issues at hand and did not address the root cause for Stelco’s decision to indefinitely idle its Hamilton Works finishing lines.”
The company goes on to allege that the industry minister was “inaccurate and misleading to the Canadian public” when she said Ottawa only recently learned of Stelco’s intentions.
Stelco alleges that it was in constant communication with the federal government about its financial concerns. “By failing to mention or acknowledge these regular communications, your letter created the false impression that we have not been co-operative and transparent.”
Stelco did present a plan to comply with ICA job commitments in its letter, as requested by Joly.
The company reaffirmed that it will proceed with its Hamilton layoffs, again citing “exenstive external factors” that make it difficult to produce and profit off of those steel products.
It said laid off workers could be given the opportunity to fill open positions at its Lake Erie plant. Stelco said it would continue to engage with the federal government.
In terms of what the company wants to see from Ottawa, it wrote: “The most important step the government could take would be to impose further restrictions on imports of cold-rolled and coated steel products into Canada, limit import substitution, and eliminate remissions for steel products that Canadian producers, including Stelco, can supply.”
CBC News has reached out to Joly’s office for comment and will update with any response.