Tag Archives: Labour Relations Board

FISH-NL extends membership drive

“We always knew a time extension was available if we needed it,” says Ryan Cleary, President of FISH-NL. “We need the extra time based on the unique challenges associated with collecting membership cards over a 90-day timeline from thousands of inshore harvesters spread out over a massive geographical area, as was the case 22 years ago.” “In order to make sure all inshore harvesters have the opportunity to decide their future we have decided to go with an extension.” Precedent for an extension of the 90-day rule was set in 1997 when the province’s Labour Relations Board agreed to extend the timeline up to 180 days for the United Food and Commercial Workers union,,, >click to read< 08:30

Clock ticking on FISH-NL’s 2nd certification drive

The Federation of Independent Sea Harvesters-Newfoundland and Labrador has until Friday to sign up enough members to trigger a vote on whether it should be the union to represent the province’s inshore fishermen. Union president Ryan Cleary says collecting cards has been a covert operation because people are worried about repercussions from the Fish, Food & Allied Workers union — the union FISH-NL is looking to unseat as the inshore industry’s bargaining unit. >click to read< 08:47

Try, try again: FISH-NL making second push to unseat FFAW

The union, which formed three years ago, has learned from its first failure and adjusted tactics accordingly, said its president. “This has been a long, hard process. and we’ve learned a lot along the way,” said Ryan Cleary. Whereas before FISH-NL spent six weeks campaigning for cards, now it will use the maximum allowed amount of 90 days, submitting the results to the province’s Labour Relations Board on Nov. 8. The board will then verify the submission and rule on whether FISH-NL met the qualifications to trigger a vote among all fish harvesters as to who they want as their union. >click to read< 09:05

The labour lie: FISH-NL reacts to Labour Board decision dismissing its application for certification

After 500-plus years of fishing history, the Newfoundland and Labrador government — through its Labour Relations Board — has finally defined an inshore fisherman. The definition doesn’t involve trips to sea nor fish landed. From the Board’s perspective, that’s irrelevant. The definition also doesn’t factor in whether a person lives in Newfoundland or Labrador, has a full-time job outside the fishery, or has ever stepped aboard a boat. To be considered a fisherman/woman in the eyes of the Board, the only criteria is that a person must have paid dues to the union — the FFAW-Unifor. >click to read<10:41

FISH-NL Statement Regarding Labour Relations Board decision to dismiss its application for certification.

FOR IMMEDIATE RELEASE Friday, Sept. 28th, 2018 The Federation of Independent Sea Harvesters of Newfoundland and Labrador (FISH-NL) is in the process or reviewing a decision by the province’s Labour Relations Board to dismiss its application for certification. “FISH-NL will have more to say on the decision — including whether an appeal will be filed — in the coming days,” says Ryan Cleary, President of FISH-NL. “But if the FFAW-Unifor or or anyone else involved in the province’s fishing industry believes for one second this decision will bring an end to growing labour unrest within the inshore fishery, they’re living in la la labour land.” 16:37

FISH-NL – Labour Relations Board agrees to consider arguments for proceeding with immediate vote

The Federation of Independent Sea Harvesters of Newfoundland and Labrador (FISH-NL) is encouraged that the province’s Labour Relations Board has agreed to consider its arguments to proceed with an immediate vote for inshore harvesters to decide their union fate. “We are confident harvesters will get the vote they’ve been waiting almost 21 months for once the Board considers all evidence,” says Ryan Cleary, President of FISH-NL. “A vote is the only way to determine the true wishes of inshore harvesters.” >click to read<12:52

More Waiting – Labour board to decide number of full-time inshore fish harvesters

After 500 years of fishing history you’d probably think it would be easy enough in Newfoundland and Labrador to determine who is and who is not a true, full-time fisherman. Yet, with so many people over the years dipping into the fishery for full-time, part-time or one-time earnings — and with often blurred lines as to who makes up part of a fishing crew — it’s not that straightforward. And that became apparent during a hearing held by the province’s Labour Relations Board Monday in St. John’s regarding an application by FISH-NL for certification to represent the province’s commercial inshore fishermen — fishermen who are currently represented by FFAW-Unifor. >click to read<08:31

Today: FISH-NL appears before labour board as it attempts to be a certified union

The Federation of Independent Seafood Harvesters (FISH-NL) is appearing before the provincial labour relations board Monday, in a hearing to determine who should qualify as an inshore harvester. It’s part of FISH-NL’s push to become a certified union for inshore fishers in Newfoundland and Labrador. FISH-NL’s hearing will be part of determining exactly who is considered an inshore harvester, as FISH-NL and the Fish, Food and Allied Workers Union (FFAW) are in a dispute about who qualifies. >click to read<10:09

Access to justice denied; Labour Board refuses FISH-NL request to live-stream upcoming hearing

“While we’re urging inshore harvesters to attend the hearing in person, the reality is most will not be able to make it,” says Ryan Cleary, President of FISH-NL. “For them, access to justice will be denied as a result of this decision.” Almost 20 months after FISH-NL submitted an application for certification to represent the province’s inshore harvesters — breaking them away from the FFAW-Unifor — and the Labour Relations Board has scheduled an Aug. 20th hearing. Earlier this month, David Goodland, FISH-NL’s lawyer, wrote the Labour Relations Board for permission to live-stream the hearing, and share the recording on FISH-NL’s Facebook page. “The request is made in order to ensure all parties affected by the outcome of the hearing have access to justice and in particular have reasonable access to this hearing,” Goodland wrote, adding if the request isn’t granted the “vast majority” of harvesters won’t be able to observe the hearing. >click to read<14:17

Mark the Date: August 20th, Labour Relations Board Hearing – FISH-NL hires province’s top labour lawyer

The Federation of Independent Sea Harvesters of Newfoundland and Labrador (FISH-NL) wishes to inform inshore harvesters and the public at large that Aug. 20th has been set as the date for a hearing before the province’s Labour Relations Board. As well, St. John’s lawyer David Goodland — one of the top labour lawyers in the province with a proven track record of holding the FFAW-Unifor to account — has been hired to represent FISH-NL. “Harvesters have needed the patience of a tonne of saints in waiting for the Labour Relations Board to deal with FISH-NL’s application for certification, but after 19 months we’re getting there,” says Ryan Cleary, President of FISH-NL. “We’ll get the vote yet.” >click to read<17:21

One step closer to a vote: Labour Relations Board orders hearing into FISH-NL’s application for certification

The Federation of Independent Sea Harvesters of Newfoundland and Labrador (FISH-NL) welcomes a decision by the province’s Labour Relations Board to order a hearing into its application for certification. “We’re one step closer to a vote,” says Ryan Cleary, President of FISH-NL. “But we need all hands to contribute to our Go Fund Me campaign to build the legal fund that’s critical to pushing this over the top.” Glenn Branton, CEO of the Labour Relations Board, wrote a notification earlier today to all parties involved in FISH-NL’s application. “The issue to be decided at the hearing will be which fishers should be included in the unit for the purpose of the Board deciding whether a certification vote should be held,” he wrote. >click to read<15:29

FISH-NL calls on Labour Board to conduct vote – FFAW-Unifor’s membership numbers ‘misleading’

Almost 16 months after FISH-NL presented an application for certification, the preliminary report of an investigator with the Labour Relations Board was released last week, with final submissions on Wednesday. The investigator’s report is now in the hands of the Board, which will ultimately decide how to proceed. FISH-NL has estimated the number of inshore harvesters in the province at around 4,500, while the FFAW-Unifor pegs the number at as high as 10,000. The difference is in definition. >click to read<15:50

Throw out FISH-NL application, FFAW says after labour board ruling

The results of an investigation by the Labour Relations Board is proof that FISH-NL has insufficient support to trigger a ratification vote and its application to represent inshore fish harvesters should be dismissed, says Fish Food and Allied Workers union president Keith Sullivan. FISH-NL president Ryan Cleary, however, says the latest development is just more “smoke and mirrors” by the FFAW.  Sullivan issued a news release Friday saying an investigation by the provincial government board has confirmed that membership numbers presented by the FFAW are accurate. >click to read<12:14

FISH-NL: Paper names and paper numbers; FFAW-Unifor’s dues-paying list more smoke and mirrors

The Federation of Independent Sea Harvesters of Newfoundland and Labrador (FISH-NL) says the FFAW-Unifor is playing its usual smoke and mirrors with regards to a report released this afternoon by the province’s Labour Relations Board. The report — prepared by the Board’s investigator into FISH-NL’s Dec. 30, 2016 application for certification — includes information on the number of people who paid FFAW-Unifor union dues in 2015 and 2016. >click to read<09:21

FFAW-Unifor files Supreme Court application in ‘desperate’ attempt to block vote on union representation: FISH-NL

The Federation of Independent Sea Harvesters of Newfoundland and Labrador (FISH-NL) describes the latest legal maneuvers by the FFAW-Unifor to try and derail a vote by inshore harvesters on their union representation as an “act of desperation.” “The FFAW-Unifor executive knows they’ll lose a vote, and are desperate to cling to power,” says Ryan Cleary, President of FISH-NL. “They’re using the courts and legal costs to try and quash the FISH-NL movement, but we’re past the point of no return — a vote must happen before inshore harvesters and the fishery can move forward.”>click to read< 13:42

Labour Board removes investigator assigned to FISH-NL’s certification application; entire process ‘a nightmare’

The Federation of Independent Sea Harvesters of Newfoundland and Labrador (FISH-NL) is deeply concerned that the investigator with the province’s Labour Relations Board assigned to its application for certification has been removed from the file almost a year after taking it on. “The process of reviewing our application has already taken far too long, and now it will most definitely take even longer,” says Ryan Cleary, President of FISH-NL. “This entire situation is a nightmare.” Read the official response from the Labour Board  click here to read the story,08:56

Thousands fewer inshore harvesters than FFAW-Unifor claimed; FISH-NL receives union support from across Canada

The Federation of Independent Sea Harvesters of Newfoundland and Labrador (FISH-NL) is pleased with the Labour Relations Board’s release of what officials describe as an “accurate and reliable” list of the province’s inshore harvesters. “It’s been almost 10 months since FISH-NL submitted our application for certification so a list of inshore harvesters from the board is a huge and welcome step forward,” says Ryan Cleary, President of FISH-NL. Obtained from various “sources,” the labour board’s list includes the names of 6,371 inshore harvesters — almost 4,000 fewer than the 10,200 active, dues-paying members that the FFAW-Unifor has claimed to represent. click here to read the press release 11:06

FFAW Statement Regarding FISH-NL and Labour Relations Boardclick here to read the statement

FISH-NL releases correspondence in response to its call for immediate vote for inshore harvesters to decide their union fate 

The Federation of Independent Sea Harvesters of Newfoundland and Labrador (FISH-NL) was forwarded correspondence today in response to its Aug. 15th letter asking the Labour Relations Board to proceed immediately with a vote of inshore harvesters to decide which union they want to represent them. The correspondence is from the Association of Seafood Producers (ASP), and the FFAW-Unifor. “FISH-NL believes in complete transparency,” said Ryan Cleary, President of FISH-NL. “In that light, both letters are attached.” click here to read the press release and letters 13:45

FISH-NL calls on FFAW President Keith Sullivan to apologize to members

The Federation of Independent Sea Harvesters of Newfoundland and Labrador (FISH-NL) is calling on Keith Sullivan, president of the FFAW-Unifor, to publicly apologize to his members after an appeal court ruled in favour of scallop harvesters who were deceived by the union. Further, FISH-NL is calling for the resignation of Dave Decker, the union’s secretary-treasurer, who was in charge of the funding, as well as the firing of Jason Spingle, the FFAW staff representative who helped orchestrate the deal. “It’s practically unheard of for a union to be convicted in court of misrepresenting its membership,” says Ryan Cleary, President of FISH-NL. “Inshore harvesters have been saying for years that the FFAW no longer speaks for them — that the union is failing its membership — and this latest court decision proves that.” click here to read the press release 15:59

FFAW calls for clarification from Premier on alleged interference in labour relations case

Yesterday, a press release by the Federation of Independent Sea Harvesters of Newfoundland Labrador (FISH-NL) referenced a meeting held with Premier Dwight Ball and Minister Steve Crocker. FFAW-Unifor is calling on the Government of Newfoundland and Labrador to clarify FISH-NL’s allegation that a discussion surrounding FISH-NL’s application to the Labour Relations Board took place during this meeting. The Labour Relations Board is an independent, quasi-judicial body which contributes to and promotes harmonious labour relations in the province. The integrity and independent nature of the Board is compromised if the alleged discussion did in fact take place. The Government of Newfoundland and Labrador has no role in ongoing investigations, reviews and decisions undertaken by the Board, and any such interference would be unacceptable. Courtney Glode, Communications Officer, FFAW- UNIFOR 13:56

FISH-NL: Labour Board status

FISH-NL received an update Tuesday afternoon from the Labour Relations Board regarding the status of our certification application. On March 10, the Board ordered the Salt-Water Mafia and the Association of Seafood Producers (ASP) to release their individual lists of commercial fish harvesters to Board investigator, Jody Saunders.. According to Saunders, the FFAW is expected to delivered its list to the Board by this Friday, March 31st. As for ASP, Saunders reported that Derek Butler, the executive director,  says he has no authority to order member processing companies to provide the list requested. As well, Saunders said Butler indicated that members of ASP wouldn’t have a complete list of commercial harvesters anyway. continue reading the press release here 15:48

Labour Relations Board orders release of FFAW/ASP lists of inshore harvesters

The Federation of Independent Sea Harvesters of Newfoundland and Labrador (FISH-NL) is pleased with the latest order of the province’s Labour Relations Board regarding the release of membership lists of commercial inshore harvesters. After hearing arguments on Friday morning, by late Friday afternoon the board ordered the FFAW to turn over its list of commercial inshore harvesters who were members of the FFAW between Jan. 1, 2015 and Dec. 30, 2016 to its investigating officer. The Board also ordered ASP (the Association of Seafood Producers) to hand over its list of inshore harvesters on whose behalf members of the association collected and remitted FFAW union dues between Jan. 1, 2015 to Dec. 30, 2016 to its investigating officer. Read the press release here 10:22

Next Labour Relations Board hearing on fight between FFAW and FISH-NL set for Thursday

The Labour Relations Board has another hearing scheduled this week in the ongoing battle to represent inshore fish harvesters in the province. Last week, the board ruled the Federation of Independent Sea Harvesters of Newfoundland and Labrador (FISH-NL) is indeed a legitimate organization after the Fish, Food and Allied Workers (FFAW-Unifor) union had challenged the legality of the group. The board will next decide on whether or not FFAW-Unifor’s membership list of inshore harvesters should be made available to FISH-NL. The number of inshore harvesters is vital in determining whether FISH-NL’s submission of 2,352 signed membership cards meets the 50 per cent required to force a vote by the board to determine who will represent the fishers. Ryan Cleary is urging all harvesters to attend the Thursday hearing.  Link 14:52

FISH-NL wins first battle against salt-water mafia

FOR IMMEDIATE RELEASE Thursday, Feb. 23rd, 2017 The Federation of Independent Sea Harvesters of Newfoundland and Labrador (FISH-NL) has won the first battle in its bid to represent the province’s inshore fish harvesters. The province’s Labour Relations Board issued a ruling Thursday afternoon rejecting an application by the FFAW that FISH-NL is not an association under the Fishing Industry Collective Bargaining Act. “If you were listening closely Thursday afternoon you would have heard the collective cheer of thousands of fish harvesters around the province,” says Ryan Cleary, President of FISH-NL. “The ruling by the Labour Relations Board legitimizes our movement. FISH-NL has now been legally recognized as an official organization of fish harvesters, despite the best efforts of the salt-water mafia.” The FFAW has made another application to the Labour Relations Board that the membership list of inshore fish harvesters not be released to FISH-NL. “We’re hopeful the Labour Relations Board will schedule a hearing on that application as soon as possible,” says Cleary. It’s expected that once the Labour Relations Board rules on the release of the membership list to FISH-NL, an investigator with the Board will begin the review of FISH-NL’s application and membership cards. On Dec. 30th, FISH-NL presented an application to the Labour Relations Board to represent the province’s inshore fish harvesters, breaking them away from the FFAW. The application included 2,352 membership cards signed by inshore harvesters around Newfoundland and Labrador. FISH-NL argues that number represents more than 50 per cent of all inshore harvesters, the amount required to force a vote by the Labour Relations Board to ultimately decide which union will represent harvesters.

Letter: Give inshore fish harvesters a free vote – Peter Leonard, Southern Harbour 

On Jan. 31st, at a Labour Relations Board hearing in St. John’s, we saw — yet again — FFAW-Unifor fighting its own members who are openly seeking alternate representation for inshore fish harvesters. With what seems like unlimited financial and legal resources, FFAW-Unifor is trying to string along the process in the hopes of defeating our efforts, while FISH-NL supporters have worked tirelessly raising funds to support our initiatives.  As inshore fish harvesters, we are not trying to break up FFAW-Unifor or the other sectors it represents. Inshore harvesters want to break away because we feel that the FFAW cannot and has not been able to properly represent us due to conflicts of interest with the other sectors it represents. How can we expect solid representation when the same union represents plant workers and offshore trawlermen and is receiving funding from both levels of government? How does a union fight for better fish prices for harvesters at the same time that it fights for better wages for plant workers, while in the same breath fighting both levels of government that it’s being funded by? Read the letter here 09:39

Labour Relations Board Hearing Tuesday into release of FFAW membership list

The Federation of Independent Sea Harvesters of Newfoundland and Labrador (FISH-NL) welcomes a hearing called by the Labour Relations Board over the FFAW’s failure to release its membership list of inshore fish harvesters. “The lengths the FFAW has taken to inflate and withhold its membership list is yet another act of crookery,” says Ryan Cleary, President of FISH-NL. “We look forward to being able to dig into their list.”The hearing is scheduled to take place from 9:30 to 12:30 on Tuesday, Jan. 31st at the Labour Relations Board Hearings Room, 1st floor, Beothuk Building, 20 Crosbie Place in St. John’s. Read the full press release here 07:49

Russell Wangersky: Fish harvesters have the most to lose

The whole issue is in the hands of the Labour Relations Board right now, so this column is unlikely to sway any votes — and that’s fine. Because, really, it’s fight for those involved. (And just for clarity’s sake, I’ve known Lana Payne, with the FFAW’s parent union, Unifor, since we worked together at The Sunday Express in the late 1980s. I’ve known FISH-NL’s Ryan Cleary since 1997, when he worked at The Telegram, and we get along, on and off.) I understand why the fish harvesters might want to leave the FFAW. The union, representing harvesters and those who work in the processing sector, is juggling a variety of interests, from processing workers to inshore fish harvesters to offshore trawler workers. And that does create problems. Read the op-ed here 09:10

FFAW-Unifor Statement on FISH-NL Application to Labour Board

Today the exact number of cards submitted by FISH-NL in an application to the Labour Relations Board was made public. As FFAW-Unifor anticipated, Cleary did not obtain nearly enough of the support required to represent the bargaining unit “Ryan Cleary and his group have taken advantage of a time of transition in our fishery and are preying on harvesters who are experiencing financial hardship as a result of that transition by making promises without any plan to back them up,” said Keith Sullivan, President of the Fish, Food and Allied Workers Union. “The numbers are now public and it is clear FISH-NL does not have adequate support.” Read the Press Release here 13:44

FISH-NL releases details of certification application — 2,372 harvesters sign membership cards, well over 50 per cent required 

The Federation of Independent Sea Harvesters of Newfoundland and Labrador (FISH-NL) is today releasing details of its certification application filed with the Labour Relations Board on Dec. 30th, including the total number of fish harvesters signed on.  “A total of 2,372 harvesters from more than 300 Newfoundland and Labrador communities signed FISH-NL cards over our two-month membership drive,” says Ryan Cleary, president of FISH-NL. “From all indications that number represents well over 50 per cent of all inshore fish harvesters.” Read the Press release, click here 08:04

Upstart fishing union says more than 2,300 fish harvesters have joined   Click here 08:56

FISH-NL presents certification application to Labour Relations Board

The Federation of Independent Sea Harvesters of Newfoundland and Labrador (FISH NL) presented an application this morning to the Labour Relations Board requesting that the organization be certified as the new bargaining agent for inshore fish harvesters. The application includes membership cards signed by thousands of harvesters from more than 300 communities around the province. “We feel we have the support of more than 50 per cent of all inshore harvesters — we certainly had the support of more than 80 per cent of all harvesters we encountered,” said Ryan Cleary, President of FISH-NL. “What we’re attempting has been described — not as a raid of another union — but as a full fledged revolt.” Over the coming days and weeks, the Labour Relations Board will review FISH-NL’s application and verify the membership cards. The Board will determine whether FISH-NL has the support of at least 40 per cent of fish harvesters, which would trigger a secret ballot vote by the Labour Relations Board. That vote will ultimately decide which union will represent fish harvesters. 10:28