FISH-NL says shakeup at labour board adding to 'nightmare' certification process

The president of an upstart union fighting to represent inshore fish harvesters is calling the certification process a nightmare and fears more delays ahead.

Ryan Cleary of the Federation of Independent Sea Harvesters of Newfoundland and Labrador, or FISH-NL, is concerned that an unexpected shakeup at the Labour Relations Board will further delay a process that had already been underway for a year.

In a news release issued Tuesday, Cleary stated that the labour board has "removed" the investigator assigned to the FISH-NL application.

Another officer assigned

Cleary said he was contacted Monday by an inshore harvester who expressed concerns about the investigator because of prior disciplinary action by the Law Society of Newfoundland and Labrador.

Cleary said he raised these concerns with labour board CEO Glenn Branton on Monday. He said Branton called back a short time later to say "another officer has been assigned to the file."

The labour board confirmed this in a letter to FISH-NL on Tuesday that was obtained by CBC News.

The letters states that the investigator "voluntary offered to step aside from the file" after concerns were raised by FISH-NL.

A new investigator has been assigned and "he will be in contact with the parties," the letter states.

"The process of reviewing our application has already taken far too long, and now it will most definitely take even longer," Cleary said.

"This entire situation is a nightmare."

'The process of reviewing our application has already taken far too long, and now it will most definitely take even longer. This entire situation is a nightmare- Ryan Cleary

FISH-NL has waged a long-running fight to unseat the powerful Fish, Food and Allied Workers as the union representing inshore harvesters in the province.

After a membership drive last fall signed up 2,372 harvesters, FISH-NL is now trying to convince the labour board that it has enough support to trigger a certification vote.

But Cleary is expressing frustration about what he calls the "ludicrous" process of trying to verify the eligibility of those named on a list of inshore harvesters provided to FISH-NL by the labour board.

The board released a list in mid-October containing the names of 6,372 harvesters. The board said the list came from the Department of Fisheries and Oceans.

Cleary calls list 'grossly inaccurate'

If accurate, the list demonstrates that FISH-NL is well short of the 50 per cent support it needs to win a certification vote.

But Cleary said the list is "grossly inaccurate" and that it includes the names of harvesters who have retired, sold their enterprises, or are deceased.

"On top of that there are names of people who've never fished," said Cleary.

The addresses and contact information for those on the list were not provided in order to protect their privacy, and Cleary said this has created an uncomfortable situation for those trying to verify the names.

"Harvesters are put in a position of having to investigate other harvesters, neighbours investigating neighbours. This process is ludicrous," said Cleary.

"FISH-NL's captains, because that's who's doing this verification work, are expected to investigate whether a particular harvester is living or dead, whether they actually fish or work full-time in Alberta or at something else, and then supply their contact information," he said.

• 2,372 names not enough to certify rival union, says FFAW
• 'I'm doing this because I believe in it': Ryan Cleary risking it all for FISH-NL

"The confidentiality argument doesn't hold water, and our captains are not comfortable with the process."

The CEO at the labour board has not responded to interview requests.