Consultant appointed to review the Fishing Industry Collective Bargaining Act

Percy Barrett, Minister of Labour, today announced the appointment of David W. Jones, Q.C., to perform an independent review of the Fishing Industry Collective Bargaining Act (FICBA).

"I am certain Mr. Jones, who currently serves as the High Sheriff of Newfoundland and Labrador, will do an excellent job conducting the review," said Minister Barrett. "His considerable experience with the fishing industry, having served as legal and general counsel to the Department of Fisheries and Aquaculture and the Premier�s Task Force on Crab/Fish Settlement Prices, provides him with invaluable insight into the particulars of the industry and will aid in his discussions with various stakeholders. This review fulfills the commitment made by government when it announced changes to the FICBA last fall."

The purpose of the review is to examine the current law and practice in relation to collective bargaining in the harvesting sector of the Newfoundland and Labrador fishing industry and related matters, and to recommend measures that will enhance long-term labour relations stability in the sector. A key component of the review process will be consulting with relevant fishing industry stakeholders.

The FICBA was first proclaimed in 1971 and substantially changed in 1998 to provide a legislative framework for the final offer selection collective bargaining regime. During the review process, Mr. Jones will obtain input from stakeholders to enable him to make recommendations regarding the effectiveness of the Act and the final offer collective bargaining model in regulating collective bargaining in the fishing industry.

Minister of Fisheries and Aquaculture Yvonne Jones said: "Government committed to undertaking a comprehensive review of the act in December of 2002. The appointment of Mr. Jones reflects our commitment to this process and to ensuring the work is of the highest caliber. It is our hope the review can be completed in a timely manner and I am confident the outcome will help ensure a stable labour relations environment in the fishing industry for years to come."

Mr. Jones will report to government by June 20, 2003.

Media contact:
          Janice Lockyer, Communications, Labour, (709) 729-1741
          Cynthia Layden-Barron, Communications, Fisheries and Aquaculture, (709) 729-3733

Purpose
The purpose of this review is to examine the current law and practice in relation to collective bargaining in the harvesting sector of the Newfoundland and Labrador fishing industry and to recommend measures that will enhance long-term labour relations stability in that sector.

Background
The Fishing Industry Collective Bargaining Act was first proclaimed in 1971 and has since been substantially changed in1998 to provide a legislative framework for the final offer selection collective bargaining pilot project. In 2000, the Act was amended to enshrine that framework and the final offer selection collective bargaining model.

In October 2002, the Fisheries Association of Newfoundland and Labrador (FANL), pursuant to Section 35:12 of the Fishing Industry Collective Bargaining Act, notified Government of its intention to discontinue using the final offer selection collective bargaining model. In their communication, FANL indicated no problems with the model, itself, instead citing frustration with the mechanisms available to it for the enforcement of collective agreements and fines and penalties in the Act.

In December 2002, the Act was amended to require that the final offer selection provisions in the Act be used by any parties negotiating collective agreements in 2003. In addition to amending the Act, in December 2002, Government announced that it would conduct a review of the legislation, including the final offer selection process, in 2003.

Statement of Work
The consultant will conduct consultations with fish harvesters and processors and their respective organizations in regard to the labour relations environment within the harvesting sector of the fishing industry. The review will specifically encompass the effectiveness of the Fishing Industry Collective Bargaining Act, including the effectiveness of the final offer selection collective bargaining model as set out in the Act.

In completing the work, the consultant will:

1. Develop and employ an appropriate communications plan to ensure stakeholders are given an opportunity to make representation and recommendations;
   
   

2. Review the Fishing Industry Collective Bargaining Act and provide recommendations regarding its effectiveness in regulating collective bargaining in the fishing industry;
   
   

3. Review the effectiveness of the existing legislative provisions of the final offer selection collective bargaining model in the Act, with a view to recommending changes, if and as required;
   
   

4. Report on any other matters related to the above;
   
   

5. Include in the report a list of all persons and groups who made representation (oral or written) during the consultation process;
   
   

6. Meet with the Minister of Labour and the Minister of Fisheries and Aquaculture, or their designates, and such other persons as the Ministers may deem appropriate, during the course of the consultation process:
   

1. For an initial briefing and discussion of the review;

2. For a discussion of progress midway through the review period;

3. For a review of the draft report, prior to submission of the final report;

4. On such other matters as the Ministers may deem necessary.
   

     7.    Submit a report to the Minister of Labour no later than June 20, 2003.

2003 03 11                                        4:25 p.m.