A dark day for dockworkers in Norway

Abstract

24 | International Union Rights | 24/1 REPORT | NORWAY A dark day for dockworkers in Norway Over the past three years, the fight for collective bargaining agreements (CBAs) in three of the major port operating companies in Norway (Risavika Terminal AS, Holship Norge AS and Yilport Oslo) has revealed serious weaknesses in the Norwegian rules on industrial action. The rules on taking industrial action in Norway are regulated by the Labour Disputes Act and the National Agreement. The National Agreement is a collective bargaining framework negotiated and signed the LO, the national trade union body, and the NHO, the national employers’ association. The National Agreement, often called the social constitution, was first signed in 1935. Local bargaining then happens under this umbrella agreement. However, in addition to regulating industrial disputes, the Agreement also limits the scope of industrial action. A clause in the National Agreement states that ‘where a collective agreement is in place, no work stoppages or other industrial action should take place’. Essentially, industrial action is only allowed in the period that a CBA is being negotiated. This includes the process of establishing a CBA. This is upheld by the Labour Disputes Act. Collective bargaining in ports Organisation in the ports differs from other businesses. There are many port users and very few of them need or have the possibility to have their own permanent employees. Some port users, for example, passenger ferries, have a daily need for labour but for short periods at a time. Other port users need many workers for one or two days in the course of a week or a month, whilst others have a sporadic need for workers. A system was set up to secure income and permanent employment for dockworkers and a steady stream of qualified labour for the port users. An office was set up in each port that acted as a sort of employment agency for dock work. The prerequisite for this system working was that all port users, both small and large would make use of the system, giving registered dockworkers the preferential right to this work. This is a system adopted in many ports around the world, especially Europe. This system was underpinned by ILO Convention 137 to secure full employment for dockworkers. Article 3 of the Convention states that: ‘registered dockworkers shall have priority of engagement for dock work’. Norway ratified ILO Convention 137 in 1975. During discussions around its implementation, both the LO and the NHO agreed that there was no requirement to have a separate law or regulation to safeguard the Convention. They agreed that the spirit of the Convention would be contained in collective bargaining agreements. Furthermore, the Norwegian government stated in 1976 that ‘[Employment] offices are created in the ports. These offices have exclusive rights to all port work in the harbour. All regular dockworkers must be registered in this office’. Flags Of Convenience (FOC) A significant portion of today’s Norwegian ships, both local and international traffic, are not registered in Norway. Instead they are registered to countries with lower tax rates and, often, lower rates of salary and labour standards, so-called ‘flag of convenience’ (FOC) states. CBAs for these FOC ships are established by the International Transport Workers Federation (ITF). Dockworkers’ unions are part of these negotiations. All ITF agreements have a clause stating that the ship’s crew should not perform loading or unloading duties in harbours where there are registered dockworkers. This is to ensure the safety of seafarers and to protect their periods of rest. If a ship owner/operator refuses to sign an ITF agreement, they risk a global boycott and the loading and unloading of that ship could be stopped. The same could happen if an ITF Inspector finds that conditions on board the ship do not comply with the CBA. If the NHO and the EU are successful in removing registered dockworkers in Norway, ships’ crews will be able to load and unload vessels for a much lower salary, with questionable training and at a great potential risk to safety. It will leave a huge space for social dumping in the ports and seafarers will lose the protection that dockworkers provide of safe and...