NL Seafood Producers Association go to court over price setting panel, FFAW

Whereas David Conway units out to find out whether or not the mannequin utilized by fish value setting panel in Newfoundland and Labrador nonetheless works, the worth setting panel is going through a authorized problem.

The Affiliation of Seafood Producers (ASP) is suing the panel and the Fish Meals and Allied Staff (FFAW) union because of the panel’s April 24 decision on the worth for the spring shrimp fishery in Newfoundland and Labrador.

The ASP had supplied 90 cents per pound for catches — 10 cents decrease than the worth set in 2021. The panel rejected the lowered value, saying market stories confirmed “shrimp market costs are nicely above ranges seen this time final 12 months.”

The worth setting panel went with the worth instructed by the FFAW as a substitute.

Now the processors need the courtroom to quash the April 24 pricing resolution.

Their most important argument, spelled out of their assertion of declare, is that the presence of Earl McCurdy on the panel “doesn’t meet the usual of impartiality.

“Consequently, an affordable apprehension of bias exists, constituting a denial of pure justice,” the ASP declare.

The appointment of McCurdy, former president of the FFAW, to the panel earlier this 12 months was controversial from the beginning.

The ASP strongly objected to the appointment, alleging McCurdy’s shut ties with the union created bias.

The group filed a movement with the worth setting panel in April, asking that McCurdy be eliminated.

The panel rejected that movement.

ASP, in its declare earlier than the courtroom, stated McCurdy’s failure to recuse himself from the panel ends in a denial of procedural equity.

“That is an extra of jurisdiction which causes the ensuing pricing resolution (for spring shrimp) to be invalid,” the ASP alleges.

Attorneys for the ASP declined touch upon the case.

A case administration assembly is scheduled for July 26, at Supreme Courtroom in Completely happy Valley Goose Bay.

At a case administration listening to,the attorneys for all events will meet with the decide to find out whether or not all related data is disclosed and up to date and determine the problems in dispute and discover methods to resolve the problems.

It is usually an opportunity for the events to debate whether or not there may be any potential for settlement.