FFAW/FANL Shrimp Price Agreement - 2003

Schedule “E” of the Collective Agreement

Between FANL and FFAW/CAW

 The prices and related terms and conditions for shrimp for 2003 are as follows.  This Schedule applies to shrimp harvested by inshore vessels <65 feet in SFA’s 5 and 6, and in NAFO Areas 4R and 3L. 

 The parties agree that this Schedule and the Master Collective Agreement between FANL and FFAW/CAW dated May 2, 2003 together constitute a Collective Agreement between the parties for the purposes of the Fishing Industry Collective Bargaining Act.

 1.                  Prices will be paid on the basis of count per pound, as per the attached price list which is included in and forms part of this Agreement.

 2.                  Reject Shrimp - Shrimp graded at 2.0 grams and under will be excluded when determining the count for pricing purposes.

 3.                  Sampling Protocol - Count will be based on the results of random sampling as per the attached table.  Each sample will be approximately 500 gm.

4.                  Trip Limits   (includes all landings for a trip, including reject and personal use shrimp.) 

April 1 - May 31                            50,000 lbs.     +5,000 tolerance

June 1 - June 23                             41,000 lbs.     +4,000 tolerance

June 24 - July 26                           35,000 lbs.     +3,000 tolerance

July 27 - Sept. 8                             32,000 lbs.     +3,000 tolerance *

Sept. 9 - Sept. 30                           41,000 lbs.     +4,000 tolerance

October 1 -                                    50,000 lbs.     +5,000 tolerance

 * The parties will meet prior to July 27 to review the trip limit for the period from July 27 to Sept. 8 and determine if a 3,000 lb increase can be accommodated.

 The applicable trip limit for each trip will be determined by the date of landing.

A harvester who exceeds the trip limit (plus tolerance) for any trip will not be paid for any amount beyond the trip limit (plus tolerance) in effect at the time of landing.  Processors engaged in purchasing shrimp beyond the tolerances outlined above and where trip limits are further exceeded will pay the harvester for the amount of the trip limit (plus tolerance) and will make a separate payment for any additional amount purchased. 

This additional payment will be made to the Shrimp Development Fund bank account established and jointly administered by the parties for that purpose.  The additional payment will be made at the same time that the harvester is paid. Funds will be spent for such purposes as determined by the FFAW/CAW Shrimp Harvesters’ Negotiating Committee. 

5.                  Arrears in paying these additional payments into the fund will be penalized by interest charges at the rate of 2% per month effective 30 days after the date on which each payment is due and compounded monthly.  The cost of arbitration proceedings entered into for the purpose of enforcing this provision shall be paid out of the fund outlined in Clause 4. 

6.                  The parties agree that discharge, handling and trucking of shrimp will be in accordance with the Shrimp Handling Protocol implemented by the parties.

 7.                  The agreement between the parties on shrimp harvesting caps for  2003 forms part of this Schedule.

 8.                  The attached price list is in effect from April 1, 2003 to June 23, 2003.^.  The parties will meet prior to June 23, 2003 to negotiate the price list for the balance of the year.  All terms and conditions of this Schedule except price are in effect from April 1^st until December 31, 2003.

 9.                  The parties agree to target a maximum amount of 50 million lbs. during the summer (June 15 - September 15).  Each vessel is limited to 50% of their respective harvesting caps in the summer period.  The target and the 50% summer limitation on harvesting caps will be subject to review and may be adjusted by joint agreement between the parties.

10.             Shrimp must be not greater than 3° C. at the time of discharge.  Temperatures must be taken in the hold of the boat.  Two temperature samples will be taken from each 12 hour lot.  If the size of the hold permits, these temperature samples will be taken immediately upon landing.  If not, the samples will be taken as soon as access to all 12 hour lots is available.  If three or more samples have temperatures greater than 3° C, the entire load is subject to production.

11.             Total duration of fishing per trip is limited to 72 hours (from bringing on board the first tow to bringing on board the last tow).  The harvester is obligated to notify the buyer as soon as it is known that the 72 hour limitation may be exceeded, due to breakdowns, adverse weather, etc. Trips where harvesting exceeds 72 hours will be subject to production.

12.             Once yellow liver (blackberry) is identified by either harvesters, processors or the grading company, DFA will immediately be notified.  When DFA confirms presence of blackberry, a five day warning period begins.  Notification will be provided through public announcements and processors will notify harvesters in writing prior to sailing.   For all landings occurring during the five day warning period, the catch is subject to production.  Following expiration of the five day notice period, all landings with the presence of blackberry are subject to reject.  While processors  will use best efforts to segregate and save good shrimp, processors can only salvage and process uncontaminated shrimp from these loads subject to the expressed approval and supervision of DFA.

13.             A joint committee will be struck between FANL and FFAW/CAW to deal with complaints regarding grading.  Movement or redeployment of graders arising from disputes between harvesters and processors regarding grading must be referred to the joint committee for review.

14.             The maximum amount of shrimp to be stored in bags is 25 lbs., plus a tolerance of 10%).  The maximum to be stored in boxes is 55 lbs., plus a tolerance of 10%.  For the first violation of these limits, the captain of the fishing enterprise will receive a written warning as per the grading company inspection report. 

For any subsequent trips in excess of the limits, for bagged shrimp if the average per bag is between 27½ and 30 lbs., a 2¢ per pound penalty will apply to the excess quantity.  If the average weight is greater than 30 lbs. per bag, a 2¢ per pound penalty applies on the entire shipment.