Agriculture, Food and Rural Affairs Appeal Tribunal
Agriculture, Food and Rural Affairs Appeal Tribunal 1 Stone Road West
Tribunal d’appel de l’agriculture, de l’alimentation et des affaires rurales 1 Stone Road West
Guelph, (Ontario) N1G 4Y2 Tel: (519) 826-3433, Fax: (519) 826-4232 Email: AFRAAT@ontario.ca
Guelph (Ontario) N1G 4Y2 Tél.: (519) 826-3433, Téléc.: (519) 826-4232 Email: AFRAAT@ontario.ca
AGRICULTURE, FOOD AND RURAL AFFAIRS APPEAL TRIBUNAL
APPEAL:
Turkey Committee of the Ontario Poultry Processors' Association v Ontario Turkey Producers' Marketing Board
Turkey Committee of the Ontario Poultry Processors' Association v OTPMB [Interlocutory Decision] 2002ONAFRAAT 26
STATUTE:
Ministry of Agriculture, Food and Rural Affairs Act
HEARING:
July 25, 2002
July 28, 2002
2002-26
NEUTRAL CITATION:
2002ONAFRAAT 26
Turkey Committee of the Ontario Poultry Processors' Association v Ontario Turkey Producers' Marketing Board [Interlocutory Decision]
IN THE MATTER OF THE FARM PRODUCTS MARKETING ACT AND SECTION 16 OF THE MINISTRY OF AGRICULTURE AND FOOD ACT.
AND IN THE MATTER OF:
An Appeal to the Agriculture, Food and Rural Affairs Appeal Tribunal by the Turkey Committee of the Ontario Poultry Processors' Association, Suite 310, 250 The Esplanade, Toronto, Ontario from a decision of the Ontario Turkey Producers' Marketing Board (Pricing Order 297) on price levels of broiler and hen turkeys to come into effect Monday July 28, 2003 at 12:01 a.m.. The Turkey Committee seeks reductions in these price levels in the amount of 3 cents/kg for both broiler and hen turkeys.
AND IN THE MATTER OF:
A request by the parties to the appeal that the Agriculture, Food and Rural Affairs Appeal Tribunal deal with the appeal on the basis of a final offer selection process.
Before: Terry Denison, Vice Chair
DECISION OF THE TRIBUNAL
This matter was considered by the Tribunal in Toronto, Ontario on Friday, July 25, 2003. A written submission was received from Mr. Robert G. Shapiro, representing the appellant in this matter, and Ms. JoAnn Crane, representing the respondent.
Background/Evidence
Mr. Robert G. Shapiro, Ontario Poultry Processors Association - Turkey Committee (OPPA Turkey Committee) and Ms. JoAnn Crane, Ontario Turkey Producers' Marketing Board (OTPMB) jointly submitted a preliminary motion requesting that the Agriculture, Food and Rural Affairs Appeal Tribunal (the Tribunal) deal with this appeal by way of a final offer selection process. They asked that a decision on their request be made in advance of the hearing on the appeal, which was tentatively scheduled to be heard on August 15, 2003.
Several previous appeals to the Tribunal initiated by the OPPA Turkey Committee of OTPMB pricing decisions had been decided by way of final offer arbitration.
Findings
The evidence is that both parties to the appeal favour the resolution of this pricing dispute by way of final offer arbitration and that both parties are familiar with the this method of dispute settlement. I am inclined to accommodate the parties to the hearing and will order that the dispute be settled by way of a final offer selection process.
ORDER OF THE TRIBUNAL
After careful consideration of the submissions made, the Tribunal orders that:
The appeal by the OPPA Turkey Committee from a decision of the OTPMB wherein the OTPMB set pricing Order 297 to increase the price of turkey by 3.0 cents per kilogram in the broiler and hen categories shall be decided by way of a final offer selection process.
DATED in Toronto, Ontario this the 28th day of July, 2002.