Agriculture, Food and Rural Affairs
Appeal Tribunal
1Stone 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] 2002 ONAFRAAT 37
STATUTE:
Ministry of Agriculture, Food and Rural Affairs Act
HEARING:
October 31, 2002
DATE OF DECISION:
October 31, 2002
2002-37
NEUTRAL CITATION:
2002 ONAFRAAT 37
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 an order of the Ontario Turkey Producers' Marketing Board (Pricing Order 296) dated October 24, 2002 to increase the price levels for broiler and hen turkeys by 3 cents/kg, and for tom turkeys by 2 cents/kg, all effective October 28, 2002. The Turkey Committee seeks reductions in these price increases in the amount of 1 cent/kg for broiler and tom turkeys and 2 cents/kg for 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: Andrew Osyany, Vice Chair
DECISION OF THE TRIBUNAL
This matter was considered by the Tribunal in Shelburne, Ontario on Thursday, October 31, 2002. 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) 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.
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 dated October 24, 2002 wherein the OTPMB set pricing Order 296 to increase the price of turkey by 3.0 cents per kilogram in the broiler and hen categories, and by 2.0 cents per kilogram in the tom category, shall be decided by way of a final offer selection process.
DATED this the 31st day of October, 2002.