Despite arbitrator's ruling that FFAW strike was illegal, president says he'd do it again

A week after an arbiter ruled the Fish, Food & Allied Workers union illegally broke its collective agreement with a six-week strike at the start of the crab harvest, union president Greg Pretty says he'd do it again.

The Association of Seafood Producers filed a grievance over the 2023 tie-up held to protest the low price of crab. Arbitrator David Orsborn concluded the union declared a "cessation of business dealings," which violated the terms of the agreement and the Fishing Industry Collective Bargaining Act.

"I don't think I'd do much differently based on the arbitrator's decision," Pretty told CBC News in an interview Monday. When the decision was released last week, he said the legislation that Orsborn based his ruling on is outdated — a position he reiterated this week.

"I have a job to do. We have a job to do. Our elected leadership has a job to do. Our … crab bargaining committee has a job to do. So I'm not sure we would do things a lot differently."

The arbitration process now moves on to deciding how much the union will have to pay the producers' association, which is seeking a complete recovery of losses, costs and damages.

Pretty did not say how much that could cost the union but he said the arbitration was in two parts, the first was over the cessation of business dealings. The second part will consider mitigating factors and indemnity, to which he said, "Full speed ahead. Let's get at it."

The FFAW has asked for records from the companies going back five years relating to crab landing from companies and individuals, said Pretty, including production figures, production forms, sales contracts, and shipping and receiving records.

"If they're going to say that we cost them a lot of money by having a tie up last year, then it's up to them to prove it. And the first step in that is producing evidence to that effect," said Pretty.

Last week, Jeff Loder, executive director of the Association of Seafood Producers, said the group filed the grievance to ensure all parties follow the rules and prevent future tie-ups. All parties need to work together to ensure stability in the sector, he added.

"Over time, there has been a shift away from what should be the primary focus, which is working together to create value," Loder said last week. "This year after year of acrimony and conflictual relations … does not achieve what needs to be achieved."

Price negotiation

The FFAW also wants stability, said Pretty, which is why they're negotiating a price-to-market formula ahead of the start of the harvest season, said Pretty. The crab fishery also needs to end on time, he said, so harvesters can move on to the next fishery.

"We'll see how it pans out. But it's an extremely important mission we're on," he said, adding, "As I said to somebody just the other day, it's too big to fail."

This summer there will be an election for the role of union president. While Pretty acknowledged he's been asked to run, he wouldn't say if he will.

He said he's very busy, dealing with the recently opened redfish harvest, which has prompted protests over quotas, as well as issues with the crab harvest, among others.

"I'll have a look at whether or not I will run once we get past some of these major hurdles."

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