Berry processors seek settlements with growers

AUGUSTA – The three Maine wild blueberry processors found guilty last year of fixing prices they paid to the state’s 500-plus growers are negotiating settlements one by one with growers’ representatives.

David Bustin, who has mediated negotiations since Jan. 12, said Tuesday it’s possible that one, two or all three processors may reach individual agreements with the growers.

Bustin spoke after a 21/2-hour negotiating session Tuesday, conducted at the state Department of Agriculture’s offices. The session was the third time the state has tried to get the growers and processors to reach some sort of out-of-court agreement in time for the financing of the 2004 growing season.

At the same time, Bustin said, the processors continue to prepare their appeals, which the Maine Supreme Judicial Court has agreed to hear on Feb. 13.

Cherryfield Foods of Cherryfield, the largest of the processors, and its attorneys were not present at Tuesday’s negotiating meeting because of what Bustin called “an unavoidable scheduling conflict.”

Attorneys for the two other companies, Allen’s Blueberry Freezer of Ellsworth and Jasper Wyman & Son of Milbridge, were on hand.

The three processors are trying to negotiate down a $56 million judgment that was decided in November by a Knox County Superior Court jury in the class-action lawsuit.

Bustin, a professional facilitator from the Maine Labor Relations Board, said nothing should be read into the relatively short meeting on Tuesday. The sides met without reaching any agreements. On Jan. 12 and Jan. 19, the sides talked for as long as nine hours each time.

This time, the growers met with Allen’s and Wyman’s representatives separately.

The growers will be asked to meet separately with Cherryfield Foods either later this week or early next week.

Bustin said the growers will meet with processors individually from now on.

“Their common interest is that they are all involved in the same lawsuit,” Bustin said. “But let’s say that they eventually arrive at settlements. It will be up to each company to come to their own settlements.”

Bustin said he is hopeful that agreements can be reached before the Feb. 13 date in front of the state’s highest court.

“I think it would be good for all the growers, the processors and the state of Maine if the matter were settled before the appeal,” he said. “The verdict is in, but who knows what will happen in Portland? Each side thinks they will win on appeal, of course. But maybe they are realizing, ‘What if we don’t win?’ That’s where a settlement now may be an option.”