Berry firms called to Augusta for negotiations

State Agriculture Commissioner Robert Spear has invited representatives for the two sides in the state’s now divided blueberry industry to meet Monday in Augusta for more negotiations.

“The invitation is out there,” Spear said Tuesday as he prepared to speak before a meeting of the Ellsworth Rotary Club. “I am hoping it will happen. I will wait and see if all people want to participate,” he said.

Spear has enlisted a professional negotiator from the Maine Labor Relations Board to preside over Monday’s meeting.

Spear was asked last month by Gov. John Baldacci to help stop the industry from reeling after a November court decision showed price-fixing by the state’s three largest processing companies.

The companies are Allen’s Blueberry Freezer of Ellsworth; Jasper Wyman & Son of Milbridge; and Cherryfield Foods Inc. of Cherryfield. All have steadfastly denied fixing field prices paid to growers between 1996 and 1999.

The processors’ attorneys have said they will appeal the case to the Maine Supreme Judicial Court as soon as possible.

On Friday, the processors were knocked back again at Knox County Superior Court in Rockland in a hearing for post-trial motions. Justice Joseph Jabar upheld the jury’s decision to award $18.6 million in damages, then tripled it, creating a $56 million liability for the processors.

Spear had organized an impromptu meeting in advance of the hearing, leading the defendants’ team of seven attorneys to the room where the growers’ four attorneys were talking among themselves.

After three hours, the parties emerged, but the hearing was to proceed as scheduled.

“I was hoping in that morning meeting that some people might back off from going forward, because of the money issue,” said Spear, who was present for the first 30 minutes of the negotiations.

“Money is the big thing here. Nobody dares to move until they know what they are facing financially.”

This is the time of year, Spear said, when processors are usually making arrangements with banks for financing the season ahead.

“That’s very much a concern now because some of the companies are facing bankruptcy situations if things go the wrong way,” he said. “I know the processors are still not happy with what’s in front of them.”

Spear said there needs to be a resolve, either through the state supreme court or by negotiations, to allow processors and growers alike to move ahead, “so we can get a crop this year.”