FISH-NL's union status upheld by Supreme Court

The Supreme Court of Newfoundland and Labrador has upheld the status of an upstart fish harvester's union, dismissing a challenge to its legitimacy from the larger and long-established Fish, Food and Allied Workers Union.

In a ruling released Wednesday, Justice Donald Burragewrote that the labour relations board's prior decision, given onFeb. 21, 2017 that the Federation of Independent Sea Harvesters of Newfoundland and Labradoris a properly constituted association under provincial legislation was a reasonable one.

In the leadup to the board's decision, the FFAW arguedthe splinter groupFISH-NLwas not an association as defined under the Fishing Industry Collective Bargaining Act, and so shouldn't be eligible for certification at all.

• FISH-NL president vows to keep fighting despite certification rejection

A majority of the Labour Relations Board disagreed, and determined that the term "association" can be used interchangeably with "union" in the Labour Relations Act.

In January 2018, the FFAW appealed the board's decision to the Supreme Court.

Guideline, not requirement

The FFAWpreviously argued FISH-NL had violated two criteria in a five-step test thatdeterminesunionviability, and so could not be defined an association: first, that the FISH-NL constitution did not state its purpose was for collective bargaining between fishers and processors, and secondly that its members signed up after its founding convention, not during.

FISH-NL said those arguments werebased on technicalities, and Burrage agreed in his decision, noting that while the five steps outline theway unions can be formed, they're meant asa guideline and not a requirement.

Burrage dismissed the FFAW'sappeal of the labour board's decision, and ordered the union to pay FISH-NL'slegal costs.

In September, the labour board dismissed FISH-NL's application for certification, determining that the new union was not big enough to replace the FFAW as the provincial bargaining unit.

FISH-NL president Ryan Cleary says a second membership drive and application is planned for this year.

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