The fallout from last year’s tie-up and delay of the lucrative snow crab fishery continues, with the FFAW claiming victory in the latest ruling by an arbitrator.
The union argued that the Association of Seafood Producers (ASP) failed to honor the so-called 20 per cent tolerance for legal crab under four inches, as spelled out in last year’s agreement, which ensured harvesters were still paid the minimum for their whole catch.
Processors, however, got that eliminated, with the price-setting panel instead instituting a 30 per cent penalty for crab under four inches.
But in a news release on Tuesday, the FFAW claims ASP was found to be in violation of the crab deal, and has been ordered to pay $3.3 million in compensation by arbitrator Jim Oakley.
They also say about 6,000 people will get a payment, with individual amounts expected to be worked out by the end of this week.
But that is not so, according the ASP, which contacted VOCM News to dispute many of the claims made by the FFAW in relation to the ruling.
The association claims Oakley has yet to make any order for a monetary award, adding there’s no timeline for the damages phase.
“The arbitrator did not establish that ASP acted in poor faith or that ASP’s interpretation of the 2023 schedule was retaliatory,” says ASP.
“This is propaganda and rhetoric.”
Still, the union calls it “a significant victory” against ASP, stating “the decision marks a pivotal moment in ensuring fair treatment and compensation for fish harvesters.”
“ASP tried to shortchange fish harvesters by refusing to honour the longstanding tolerance agreement following the extended tie-up and subsequent agreement, despite strong legal and historical precedent,” said FFAW president Greg Pretty.
“We are pleased that the arbitrator recognized the poor faith, retaliatory behaviour exhibited by ASP and we are looking forward to getting that money back into harvesters’ pockets as soon as possible.”
Meanwhile, the union continues to call for an overhaul of the arbitration process, saying it should be fast-tracked given the seasonal nature of the industry, and the need to resolve a current year’s grievances before negotiating prices for the next year.
The most recent ruling follows one in favour of ASP back in February, which found the union’s extended tie-up last year violated the Fishing Industry Collective Bargaining Act.
No dollar figure has been attached to the damages against the FFAW in that decision.