FFAW says it wants to reclaim its right to strike — but only over snow crab

The Newfoundland and Labrador government is opening the door for seafood harvesters in the province to reclaim their right to strike, but the harvesters' union is signalling it only wants that right for a single species — a proposal that the fisheries minister says likely isn't legal.

Minister Gerry Byrne announced several proposed changes to fishing industry regulations Monday in what he billed as an effort to advance free enterprise. 

Those proposals included a green light from government to return to strikes and lockout processes when collective bargaining fails, and a move away from the final-offer selection model implemented in Newfoundland and Labrador two decades ago.

Under the current model, the Fish, Food and Allied Workers union and Association of Seafood Producers both make offers about pricing and an independent arbitrator chooses between those offers, thus avoiding lockouts and strikes.

In a letter to Premier Andrew Furey on Sept. 5, which was sent to CBC News, the FFAW said its elected members had voted unanimously to request government to do away with the fish price-setting panel and reintroduce the right to strike.

"Fish harvesters in our province are unsatisfied with the price-setting panel as decision after decision in recent years have favoured the processing companies with absolutely no justification or logic in the decisions made," the letter said.

On Nov. 8, in a separate letter, the FFAW asked the province to "reinstate the right to strike under [the Fishing Industry Collective Bargaining Act] and support the fishing industry so that harvesters are getting a fair share of the market price."

"We need the lawful ability to declare and organize a strike when necessary," the letter reads.

But on Tuesday, the FFAW appeared to backpedal on that statement, telling CBC News that its members haven't, in fact, decided on a way forward, and are now only asking for a collective bargaining model for its snow crab harvesters. The FFAW suggested government should maintain the price-setting panel for other species, such as lobster.

Byrne told CBC News that's likely not constitutional, describing an "extensive discussion" late last month with the FFAW and the premier about the legal possibility of enacting both models simultaneously.

"You can't have binding arbitration and the right to strike," he said. "It would be the equivalent of saying … your membership in the union is mandatory, but you have the right to opt out and not pay dues."

FFAW president Dwan Street told Radio-Canada the union was still discussing the finer details of its proposal and weren't ready for Byrne's public announcement on Monday.

"We were a little taken aback," Street said, suggesting the union hadn't yet come to a consensus on whether it wanted to scrap the final-offer selection model. "It caused a lot of concern for our members."

Street suggested some harvesters endorsed pricing formulas for particular species.

"Is [final offer selection] the answer? Is the right to strike the answer? Or is something else the answer? That's what all these ongoing discussions are all about," she said. "I don't think any of us really have the answers for it, but as long as we're keeping these lines of communication open ... that we can put something forward to government."

Byrne said Monday that the Fisheries Department is open to lifting production caps on some snow crab processing facilities, potentially grant more snow crab licences around the province and double production thresholds on the island from 100 tonnes to 200 tonnes.

None of the proposals has been implemented.

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