FISH-NL, FFAW duke it out over who qualifies as a fish harvester

Two groups fighting to represent people in the province's fishing industry arguedbeforethe provincial labour relations board on Monday aboutwho should qualifyas afish harvester, which will effect attempts to create a breakaway union.

The Fish, Food and Allied Workers Union (FFAW) says the Federation of Independent Sea Harvesters (FISH-NL)is trying to stripcollective bargaining rights from thousands of people in Newfoundland and Labrador with "absurd" tests to determine who countsas a harvester.

In its closing argument, FISH-NL countered by saying those people wouldn't be excluded if they were actual fish harvesters.

"It's a full time, commercial enterprise," said David Goodland, the lawyer representing FISH-NL.

"People who are fishing recreationally on commercial boats who have a fleeting interest in the fishery financially aren't the ones who are meant to determine the fate and the future of the true inshore fishers in the province. It's that simple."

The hearing wrapped on Monday, but the board will not render a decision right away.

RyanCleary, president ofFISH-NL, had previously said thatnot everyone who pays dues has a serious connection to the industry.

FISH-NLneeds the support of at least 40 per cent plus one of inshore harvesters to force a certification vote.

During the hearing, FISH-NL lawyer David Goodland said the FFAW's list of fish harvestersis "swollen" with names of people who should not be qualified to lend support one way or the other.

An investigation by the labour board determined that just under 9,500 harvesters paid union dues to theFFAWin 2015 and 2016.

FISH-NLbelieves thatnumbershould becloser to 4,500.

If the list was limited to people who meet itsstandards of a fish harvester, FISH-NLwould have enough support to trigger a vote on certification.

Tom Johnson, lawyer for the FFAW, said their opponents created an arbitrary number of fish harvesters to bring before the labour board.

"They counted their cards and saw, 'Boys we only have 2,300 cards.' So in order to come before the board they had tohave a number that got them above50per cent," he said."So they came in at 52 per cent. Our numberis one that existed even before we knew what FISH-NL were planning."

Johnson repeatedly used the word "absurd"to describe the qualifications FISH-NLwants to use to determine who is a harvester, and said some of them may contravene labour laws.

The Association of Seafood Producers also gave a presentation onMonday morning, and said it was not taking sidesadding the labour board has the authority to determine the criteria for an inshore harvester.

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With files from Terry Roberts