On Wednesday 28th April, the negotiations between LTL (the Norwegian Logistics and Freight Association) and NTF (The Norwegian Transport Workers’ Union) collapsed over the question of revision of the Forwarding Agents’ tariff and the Schenker Treaty.
The collapse of happened after two days of negotiations.
Mediation attempts will now be carried out, and a conflict is assumed not to take place until Friday 14th May at 00.00 hours at the earliest.
An important reason for the collapse was disagreement in connection with NTF’s demand for introduction of volume regulations in the agreements, as well as demand from NTF on including regulations concerning use of temporary staff and outsourcing in the agreements.
LTL will presently receive notification of collective notice from NTF, comprising all employees subjected to the agreements.
It is only when LTL receives the notification of collective notice from NTF that it will be clear which companies who will be affected by a possible conflict. When notification of collective notice has been notified, this may later be extended with four days’ prior notification.
The companies affected by a notification of collective notice will receive special information. In addition, we will be informing through LTL’s Tariff Information and at LTL’s web pages.
The companies obliged to follow the agreements included in the collapse of negotiations, should now assess the need for measures in case of conflict. The need for lay-off of non-organized staff as well as organized staff not affected by the conflict should be especially considered.
AGREEMENT ON POSTPONEMENT OF NEGOTIATIONS BETWEEN LTL AND NTF ABOUT REVISION OF THE UNLOADING- AND LOADING AGREEMENTS
Following two days of negotiation about revision of the Port Tariff, agreement no. 173, South- and Northern Norway agreement, agreement no. 179 and the Framework Agreement about fixed salary, agreement no. 190, the parties agreed to continue negotiations on May 10th and 11th, 2010.
LTL will keep their members updated on further development of these negotiations.
LAY-OFF AS A CONSEQUENCE OF CONFLICT IN OWN COMPANY
In case the remaining employees no longer can be rationally employed, they may, according to the Basic Agreement § 8-1 be laid off. In case the problems arise from strike in own company, a written notification 14 days prior to the lay-off must, as previously stated, be given to each individual employee.
Apprentices may be laid off, with notification at least seven days prior to the lay-off (Basic Agreement § 3-2 no.2), if rational training during the work stoppage can no longer be carried out.
LAY-OFF AS A CONSEQUENCE OF CONFLICT IN OTHER COMPANY
In case the employees at LTL’s member companies no longer can be rationally employed because of conflict in other company, for example at supplier’s or customer’s, they may, according to the Basic Agreement § 8-1, be laid off. When the problems are due to conflict in other company, no fixed period of notification is required. Notification should, however, be given as early as possible (Basic Agreement § 8-3 no.4).
PAYMENT AND OTHER REMUNARATION DURING LAY-OFF
According to the compulsory payment during lay-off Act, the compulsory payment of wages during lay-off s ceases to apply as a consequence of work conflict.
Unemployment benefit will not be paid to employees participating in strikes, lockouts or other work conflicts. This also applies to those who are laid off as a consequence of the work conflict in case their payment- and working conditions is likely to be affected by the conflict.
In case 10 or more employees are affected by the lay-off, the company must, in accordance with the Employment Act’s § 14, notify the company’s local employment office about the lay-off.
LEGAL RIGHT AND OBLIGATION TO WORK DURING CONFLICT IN OWN COMPANY
A work stoppage only comprises the organized employees bound by the tariff agreements affected by the collective notice. This entails that non-union labour and employees organized in other trade union federations will not be affected by the collective notice.
When strikes are started, the strikers must resign and relinquish all work. This entails that the complete responsibility- and all job functions for the employment will be terminated during the strike. A strike concerning only parts of the employment is not permitted.
Apart from the CEO and the company’s management group, executive personnel in directly ascending line functions may carry out work normally done by striking employees.
Non-union labour and other employees not affected by the collective notice, have the right and are obliged to continue their normal tasks during the conflict. Normally, they will not be obliged to carry out tasks which before the conflict started were done by striking employees, or in departments affected by the conflict. The company may rearrange the use of non-striking personnel within the framework of the individual contract of employment and usual working hours.
Supervisors (foremen) and employees in similar positions are obliged to carry out their normal tasks as well as other tasks deemed necessary by the employer in order to prevent loss of value. This normally will not apply to working foremen (gangers) who are not supervisors.
Apprentices are normally neither affected by collective notice nor by the strike itself. According to the Basic Agreement, apprentices may, as an exception, be affected by a strike, but in this case they must have been specifically included in the collective notice.
Employees from other companies carrying out for example repair- and maintenance work or carry out transport to and from the company, are obliged to continue their work during the conflict when the work is their normal task and does not happen as a substitute for work normally carried out by the striking personnel.
Customers and other business associates may continue their contact with the company by personal visits or by placing orders. In so far as they are serviced by company staff, the above specifications connected to compulsory work for the various groups do, however, apply.
Personnel on strike may not prevent customers / other business associates from entering the company during a conflict, nor can they prevent a contractor from carrying out the tasks given him by the company.
EXCEPTIONS ACCORDING TO PRIOR AGREEMENT
According to the Basic Agreement § 3-3, the company’s parties may enter into an agreement that certain tasks may be carried out after the start of the conflict. Normally this will apply to tasks important to the secure closing-down and reestablishment of the operations or tasks necessary for preventing danger to life and health or significant material damages. Such agreements must always be approved by the trade union and the Norwegian Confederation of Trade Unions.
DISPENSATIONS
Applications for dispensations should be presented through the Norwegian Logistics and Freight Association LTL, who, after receipt of the application, will assess whether the application should be presented to the Association. According to the usual practice, the application must be based on danger to life and health (humans and animals), or danger of significant material damages.
The Trade Unions will not grant dispensations based on economic conditions or that a strike may lead to distortion of competition between the companies.
PAYMENT AND OTHER REMUNERATION DURING CONFLICT
When work stoppage has been initiated, the company’s obligation to pay wages expires.
PAYMENT OF WAGES
Accrued income before the start of the work stoppage must be paid as soon as possible and at the latest before the first payday after termination of the conflict.
VACATION ALLOWANCE
According to the Vacation Act, the employer cannot change the time for fixed period of vacation based on legal work conflict. In case the employer neglects to pay vacation allowance, a fixed vacation cannot be seen as carried out during the absence.
PUBLIC HOLIDAY ALLOWANCE
Should a public holiday occur (May 17th) during a possible work stoppage, wages or public holiday allowance will not be paid for such days.
PER DIEM
Employees who at the initiation of a strike are working outside the company, have, from the time of the initiation of the work stoppage no claim for per diem remuneration, nor have they any claim for travel allowance back to starting point.
SICK PAY
During a strike or lockout, the employer’s obligation to pay sick pay during the period of employment terminates. In case the employee is still sick when the work stoppage is over, the employer’s obligation as well as the period of employment will be reinstated from the day work is started. In case of possible collective notice of other employees because of the work stoppage, the employer’s obligation to pay sick pay terminates from the date of the collective notice conditional upon due legal notice.
The social security office will provide further information about the rights of the employers according to the National Insurance Act.
As enclosure to this tariff information please find an example of conditional collective notice based on possible conflict in own company, as well as an example of negotiation protocol from negotiation meeting prior to collective notice.
In the time to come, information will also be published on LTL’s home pages www.ltl.no. For companies with no e-mail address, the information will be given by telefax.
For possible questions or comments, please contact Thor Chr. Hansteen, tel. (0047) 23 08 87 86, or e-mail thor.chr.hansteen@ltl.no