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Family of dead fisherman allegedly denied $30K benefit over dues owing to FFAW

Benefits are allegedly being withheld from the family of Calvin Tobin, who died the day after his union fees were due, his uncle says.

Calvin Tobin killed after vehicle collided with transport truck one day after union card expired

Calvin Tobin died on Aug. 2 at the age of 25. Now his family is fighting for his life insurance policy because he was late on union dues. (CarolAnn Brewer/Facebook, Lee Pitts/CBC)

The family of a fisherman who was killed in a car crash last week says they are being denied a $30,000 benefit because his union card expired the day before he died.

Calvin Tobin was just 25 when he died in the crash near Clarenville on Aug. 1.

Now his family is fighting to collect his life insurance policy, which they say is being held up by the Fish, Food and Allied Workers Union (FFAW). 

Tobin was 24 hours overdue on union fees when doctors were trying to save his life.

"For the sake of one day really … they are refusing to pay out his benefits," said Richard Brewer, Tobin's uncle.

Calvin Tobin died the day after a transport truck and a car collided on the TCH outside of Clarenville on Aug. 1. (Lee Pitts/CBC)

Brewer's wife, CarolAnn, was designated as Tobin's next of kin.

The money would have gone to help Tobin's grandparents, who live on a meager income from their old age pensions, Brewer said.

Even if you hated him, you had to love him.- Richard Brewer

On Monday morning, the Brewers buried their nephew in Southern Harbour and led the funeral procession with his casket being towed behind their ATV.

"It was how he would have wanted it done," CarolAnn Brewer said through sobs.

More than 50 cars followed behind the casket — a huge gathering for a town of 300 people.

"Calvin was liked by everyone," Brewer said, noting Tobin could be a mischievous kid. "Even if you hated him, you had to love him."

After burying his nephew, Brewer said he has to battle with the union — of which he is also a member — to get what the family feels it is owed.

"And I'm not getting nowhere with them," Brewer said.

'Good standing' expired July 31

While the union would not comment on Tobin's specific case, it did send information on its insurance policy to CBC News on Monday evening.

Members who have paid their dues for the previous year are issued a union card that covers them from Aug. 1 to July 31.

Calvin Tobin died the day after union cards expired, leaving his family ineligible for his benefits. (Calvin Tobin/Facebook)

If Tobin had not paid in full for 2016, his union card would not be renewed on Aug. 1 — the day of his fatal accident.

When Tobin was declared dead in the early hours of Aug. 2, he was 33 hours past the end of his coverage by the FFAW insurance policy provided by Sun Life Financial.

Family thought dues had been paid

Tobin may have believed his union fees were already covered, his uncle said.

Dues are typically deducted from a fish harvester's paycheque at the fish plant when their catch is sold.

Brewer, a fisherman himself, said that's what happens for him. The FFAW also confirmed this to CBC News, saying it is the standard approach, but added the union will notify members who are in arrears.

At the start of this season, fish harvesters were upset when their 2016 union dues were taken in a lump sum from their first paycheque.

After weeks of boats being held up by heavy ice, they were already worried about money.

"If I owed $160 in my union dues, they took it in one shot out of us," Brewer said. "The fish plants were told to take it right away."

Calvin Tobin loved fishing and quit school to go to sea at the age of 15. (Calvin Tobin/Facebook)

Tobin had fished enough this season to draw unemployment. Because of this, Brewer believed his nephew had already paid his dues.

Again, the FFAW said it cannot comment on Tobin's specific case and any money he owed to the union.

But Brewer said he isn't getting a straight answer, either.

"Calvin was fishing all year and got his stamps again this year," he said. "Where did his union dues go to?"

ABOUT THE AUTHOR

Ryan Cooke is a journalist with the Atlantic Investigative Unit, based in St. John's. He can be reached at ryan.cooke@cbc.ca.