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The Fish, Food & Allied Workers union (FFAW) has been ordered to temporarily halt what lawyers representing the Association of Seafood Producers (ASP) call an “illegal strike” ahead of a labour board hearing on the matter.
Supreme Court Justice Fonse Faour granted an injunction in favour of the processors’ association in St. John’s on Friday.
The ASP’s application, filed within the last two days, comes four days after the snow crab season opened with a set minimum price of $5.30 per pound. The price was set by the Standing Fish Price Setting Panel since the two parties could not come to an agreement on their own.
In the days following the price setting, FFAW executives threatened to stop crab from being processed in Newfoundland and Labrador until they negotiated a “fair” price.
Representing the ASP, lawyer John Samms said in Supreme Court Friday that comments like that “declared or authorized a cessation of business dealings.”
Social media comments in question
Samms alleged FFAW president Dwan Street and vice-president Jason Sullivan’s recent statements — specifically those made on social media — violate a section of the Fishing Industry Collective Bargaining Act.
Section 19.13 of the Act says, “A fisher shall not engage in a cessation of business dealings and a bargaining agent representing the fisher shall not take a vote as to cessation of business dealings between fishers and processors or authorize or participate in taking a vote or declare or authorize a cessation by that fisher.”
The Act goes on to say a processor or processors’ organization cannot lock out a fisher, either.
Samm said the ASP would like the FFAW to “please start following the law.”
Speaking with CBC News after the injunction was granted, ASP executive director Lorelei Roberts said harvesters should feel they can fish “free from violence and threats.”
Lorelei Roberts, executive director of the Association of Seafood Producers, said harvesters should feel they can fish without feeling they could be threatened by their union. (Patrick Butler/Radio-Canada)
“Our focus needs to be on ensuring a stable and co-ordinated and successful snow crab season. And that requires collaboration, respect and alignment across the entire industry,” Roberts said.
“Harvesters can fish. And they can fish without fear of reprisal from the FFAW. Or, you know, the FFAW ordering them that they can’t go fish.”
Lawyer Kyle Rees represented the FFAW on Friday, and accused the processors’ association of stifling the union’s duty to advocate for its members, saying it’s not illegal to “hurt their feelings” by discouraging individuals from fishing.
The union’s lawyer argued that comments made by FFAW vice-president Jason Sullivan in particular on the private Newfoundland Fisherman’s Forum Facebook group cannot be easily attributed to the FFAW itself.
Sullivan started the group in 2015. In the final line of its description on Facebook, he wrote, “my comments are mine and mine alone.”
FFAW Vice-President Jason Sullivan’s social media comments have been brought into question as the ASP alleges the union has authorized an “illegal strike.” (Danny Arsenault/CBC)
According to Samms, Sullivan wrote in the group that anyone who fishes will be met at their wharf by him and “a mob of 100 people.”
Roberts told CBC News she agrees that the FFAW has a right to advocate for it’s members, but directing people to tie up their boats goes beyond advocacy.
“There’s a difference between advocating for your members and, you know, going down the road of a cessation of business,” she said.
Roberts added she doesn’t want to see conflict in the industry, as she believes it delays operations and hurts all parties involved.
Labour Relations Board hearing looming
Rees continued to point out the ASP filed four actions against the FFAW in the span of 48 hours, including the one heard on Friday.
The parties are set to appear before the Labour Relations Board beginning April 21. The same arguments regarding comments potentially violating the Fishing Industry Collective Bargaining Act will be explored then.
WATCH | Judge orders FFAW to stop interfering with harvesters who want to fish:
Seafood processors turn to the courts in effort to get N.L.’s crab fishery started
A judge has ordered the Fish, Food and Allied Workers union to stop interfering with crab harvesters who want to fish at $5.30 per pound. It follows almost a week-long tie-up and online threats. The CBC’s Peter Cowan reports.
Because the case will soon fall under the Board’s jurisdiction, the Supreme Court order will only be effective until April 21.
The specifics of the injunction were not made immediately available.
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