Minister Davis Announces Review of the Fishing Industry Collective Bargaining Model

  • Environment and Climate Change
  • Fisheries, Forestry and Agriculture

July 21, 2022

The Honourable Bernard Davis, Minister of Environment and Climate Change and Minister Responsible for Labour, today announced an independent review of the collective bargaining model contained in sections 19.1 – 19.14 of the Fishing Industry Collective Bargaining Act. The terms of reference for the review are included in the backgrounder below.

David Conway, former chair of the Labour Relations Board, has been appointed to undertake the review. Mr. Conway will be informed by input from fish harvesters, processors and their respective organizations as well as other interested parties. A bio for Mr. Conway can also be found in the below backgrounder.

Interested parties are invited to provide input by emailing ficbareview@gov.nl.ca.

Quotes
“The current collective bargaining model was introduced in 2006, and it is incumbent on me, as Minister Responsible for Labour, to ensure that we have legislation that Is responsive to the needs of the industry. I have asked Mr. Conway to meet with relevant stakeholders and other interested parties to seek their views and suggestions with respect to the current collective bargaining model. I look forward to receiving his report and I anticipate the feedback from these consultations will provide us with valuable information.”
Honourable Bernard Davis
Minister Responsible for Labour

“Efficient and effective fish price setting is key to ensuring fisheries commence in a timely manner for the maximum benefit of the province’s fishing industry. I look forward to this review and identifying opportunities to improve the fish price setting process that better serves processors and harvesters.”
Honourable Derrick Bragg
Minister of Fisheries and Agriculture

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Media contacts
Lynn Robinson
Environment and Climate Change
709-729-5449, 691-9466
lynnrobinson@gov.nl.ca

Craig Renouf
Fisheries, Forestry and Agriculture
709-637-2923, 640-6922
craigrenouf@gov.nl.ca

BACKGROUNDER

Terms of Reference for Review of the Fishing Industry Collective Bargaining Model

PURPOSE:

To review the fishing industry collective bargaining model contained in Sections 19.1-19.14 of the Fishing Industry Collective Bargaining Act

BACKGROUND:

The Minister Responsible for Labour has initiated a review of the collective bargaining model contained in sections 19.1 to 19.14 of the Fishing Industry Collective Bargaining Act.

The Fishing Industry Collective Bargaining Act (FICBA) regulates collective bargaining between fish harvesters and processors. In 2006, Government authorized the creation of a three-person Standing Fish Price-Setting Panel (Panel) for the purpose of:

  1. facilitating access by parties to collective bargaining to market information relating to the sale of fish;
  2. establishing criteria that are not inconsistent with this Act relating to collective bargaining under this Act;
  3. providing assistance to parties engaged in collective bargaining under this Act;
  4. setting prices and conditions of sale for a fish species where parties have engaged in collective bargaining and have been unable to agree or where parties have refused to engage in collective bargaining;
  5. reviewing and report on  matters related to the price and conditions of sale of a fish species that may be referred to it by the minister responsible for fisheries and aquaculture; and
  6. making recommendations on matters falling within its mandate to the minister responsible for fisheries and aquaculture and the minister responsible for fisheries in the Government of Canada.

FICBA prohibits the right to strike or lockout, and requires the Panel to use either final offer selection or conventional arbitration in making their decisions.

STATEMENT OF WORK:

In concluding the work, the Consultant will:

  1. Review sections 19.1-19.14 of the Fishing Industry Collective Bargaining Act to determine if the collective bargaining model is still effective and responsive to the needs of the industry;
  2. Conduct consultations with fish harvesters and processors and their respective organizations and any other interested parties with regard to the current collective bargaining model;
  3. Report back to the Minister Responsible for Labour outlining the results of the review and, if deemed necessary, recommendations for change; and
  4. Include in the report a list of all persons and groups who made representation during the consultation process and a summary of the information provided.

Biography of Mr. David Conway

David Conway graduated from McGill University with a BA in Economics and an LLB from the University of New Brunswick. He was called to the Ontario bar before being called to the bar in Newfoundland and Labrador.

Mr. Conway practices labour law and administrative law, and acts exclusively as an adjudicator, arbitrator and independent legal counsel. He is the past Chairperson of the Newfoundland and Labrador Labour Relations Board.

Mr. Conway has experience in various types of proceedings, including arbitrations, judicial reviews, workers’ compensations hearings, employment insurance hearings, human rights proceedings, provincial negotiations and statuary review. Mr. Conway has taught labour relations at the graduate level at Memorial University and he is a member of the Law Society of Newfoundland and Labrador’s Disciplinary Panel. Mr. Conway is also the past Co-Chair of the Newfoundland and Labrador Labour Management Arbitration Committee.

2022 07 21 6:23 am