To our members

In connection with the negotiation of collective agreements and the possible conduct of conflicts, local union branches and workplace organisations (klubbene) will have many important tasks. In this brochure, we have prepared a "guide" for our shop stewards (tillitsvalgte). The brochure is not a "law book" with ultimately clarified legal conclusions for questions that local shop stewards (tillitsvalgte) might be asked during collective agreement negotiations. It is a political and organisational guide for the execution of collective agreement negotiations, where strikes and lockouts may be used as means of battle by the social parties. It is necessary to become thoroughly familiar with the material, so that we avoid undertaking erroneous steps.

The information that is given in this brochure takes its point of departure in the Basic Agreement between the Norwegian Confederation of Trade Unions (LO) and the Confederation of Norwegian Enterprise (NHO)1, the Articles of Association of Fellesforbundet and established practices. The term "conflict" will consistently be used throughout instead of the terms "strike" and "lockout". The tasks connected with a conflict are by and large the same regardless of whether it involves a strike or a lockout.

In addition to this article, Fellesforbundet will also ensure that its local union branches and workplace organisations (klubbene) receive necessary information during the conduct of the collective agreement negotiations.

This text will be translated into English and Polish and will be made available on Fellesforbundet's Web site.

Terms and expressions in wage settlement negotiations and mediation

On the Norwegian National Mediator Office's Web site there are explanations of common terms and expressions connected with collective agreement negotiations and mediation - http://riksmekleren.no/

 

Organisational line within Fellesforbundet

The trade unions’s organisational line is:

The workplace organisation → Local union branch → Trade union

It is important that we follow this sequence, based on various conditions. Our organisational principles set out a decentralised system, and all our entire operations are based on this. Members and shop stewards (tillitsvalgte) should normally contact their local union branch.

Organisational tasks in connection with collective agreement negotiations

This article s about the tasks local union branches and workplace organisations (klubbene) have when preparing for collective agreement negotiations and potential conflicts. We heavily emphasise preparations for a conflict, because a conflict poses substantial demands on the organisation in all its elements, both with respect to the preparations as well as its execution.

However, there are also a number of tasks that the local union branches and workplace organisations (klubbene) must perform in connection with the conduct of collective agreement negotiations that are independent of whether the negotiations result in a conflict or not.

The collective agreement negotiations attract a great deal of attention to Fellesforbundet and its organisational elements. The process of promoting proposals for the collective agreement starts in the workplace organisations and local union branches. This is an important part of the collective agreement negotiations, because the work of anchoring the federation's demands in its members commences already at this time.

Work with proposals for collective agreement settlements

The work done to gain more (active) members, as well as significant participation in voting, begins already with the proposal process for the collective agreement settlement. By including as many members of the workplace organisation (klubben) as possible in the work with the proposals, more members will also be interested in the result. Members and the shop stewards (tillitsvalgte) at the companies are through their proposals involved in determining precisely which demands will be posed. Some of the members do not like to speak at meetings. In order for them to also have their opinions included, it is also important to go around and talk to members. Work in groups is also a good way to hear the views of members and good proposals. Many have also sent a questionnaire around where members can state precisely which demands they wish the trade union to raise. It is possible to get both local and central demands through such a questionnaire.

Organising and recruiting

The discussions and attention involving the collective agreement negotiations and the trade union provide us with the possibility for discussions with the unorganised for the purposes of organising them.

The highest degree of organisation possible is important to our negotiating strength. As per our bylaws, it is the local union branches that bear the responsibility for recruitment, however it will be at the workplaces where much of the activity and the recruitment itself will take place. Our experiences show that the most effective manner of gaining new members is when a colleague asks the unorganised whether they would like to be a member of Fellesforbundet.

It ought to be self-evident that all the unorganised in businesses with a collective bargaining agreement will receive an inquiry from the shop steward (tillitsvalgt) with an offer concerning membership. It is important to remember that reinstated members must have paid ordinary membership dues to a federation that is a member of the Norwegian Confederation of Trade Unions (LO) for at least 12 weeks prior to a work stoppage in order to have the right to conflict aid and that new members must have paid membership dues for at least 2 weeks. (Articles of Association 1.5.3.2.1-2)

Information

The demands of the trade union and employer’s federation will be made known at the start of the collective agreement negotiations. It is important to make the demands well-know at the workplaces, both the requirements of the trade union, but probably also just as importantly - the demands of the employers. The demands of the social parties communicate what is in play during the negotiations.

It is important that a thorough job be done at the workplaces with information on the course of the negotiations.

In connection with the negotiation of collective agreements and conflict, there are a number of members who will contact the trade union directly, rather than their local union branch or workplace organisation (klubben). It is of key importance that workplace organisations (klubbene) and local union branches provide good information to their members regarding who should be contacted to resolve questions regarding the negotiations and possible conflicts.

Work with ballot

The voting on the result is an important part of the process surrounding a collective agreement settlement. It is important that local union branches and workplace organisations (klubbene) plan and carry out the voting in the best possible manner and that the votes give a clear picture of the views of the members. Participation in the voting is absolutely central in this regard. A high level of participation in the voting does not happen by itself, but rather must be ensured through targeted work. Refer in this regard to the Basic Agreement's section 3-4.2.a concerning rights and section 3-4.2.d concerning obligations to participate in voting on collective agreement proposals and 1.5.2-1 of the Articles of Association where it is stated that All members who the collective agreement applies to have the obligation to vote.

Member meetings for voting on collective agreement proposals

Basic Agreement section 5-6.4 (excerpt): Membership meetings to elect shop stewards and vote on proposed collective agreements may be held during working hours without wage deductions, provided they do not entail any major operational inconvenience. Furthermore, Basic Agreement section 3-4.3.b: At enterprises that work shifts where there is no conflict, the meeting or meetings shall be arranged so that all members have the opportunity to vote.

Preparations for collective agreement negotiations

Companies without members

The case processing with the collective agreement negotiations begins in the autumn of the year before the main negotiations with a review of all companies with a collective bargaining agreement where there are 0 members. Here, the local union branch has two tasks. One is to work actively with every single enterprise with 0 members in order to see whether there are possibilities to organise the employees. The other task is to perform quality assurance on whether it is true that the trade union has no members at the company. In companies with 0 members, the collective bargaining agreement will not be renewed after expiry of the term of the collective agreement. The trade union will send a separate letter out on this.

Companies with direct agreement that will be taken out in a possible conflict

The same autumn, a task will be sent out to the local union branchse to provide feedback on precisely which companies with direct agreement should be taken out in the event of a possible conflict. This is an important task for the local union branch in co-operation with the workplace organisations (klubbene) concerned. The trade union will send a separate letter out on this.

Termination of the agreements

The Norwegian Confederation of Trade Unions (LO) approves terminations of applicable collective bargaining agreements (blankett 1). The trade union will terminate the agreements within the established deadline.

Mediation, collective notice, stoppage

Before a conflict can commence, a collective agreement negotiation will go to mediation. When the trade union breaks off the negotiations with the counterparty, we go to collective notice (blankett 3). The scope of the collective notice is the trade union’s members for the collective bargaining agreement in the employer organisation's collective agreement-bound member companies.

If mediation is unsuccessful, then the trade union will issue notice of a stoppage (blankett 4). It is only first upon the notice of stoppage that the final selection of who will be encompassed by the walkout will be performed. It may concern everyone who is encompassed by the collective notice or only certain workplaces, to be specified in further detail.

The Basic Agreement section 3-1.1 establishes that the trade union is obligated to notify and carry out collective notice and stoppage for companies outside the employer federation to a proportionately identical scope and from the same point in time however limited to what is practically possible.

Registration of members at the proper company

In order to be encompassed by a collective notice and stoppage, a member must be registered at the company in the trade union's membership system. This means that:

• Both the workplace organisations (klubbene) and the local union branches must undertake to go through their membership registry and check that all members are registered at the right company.

Check membership status

• It is important to check that the members are listed with the correct membership status.

• Pay special attention to ensure that members who have completed their apprenticeship are not registered as apprentice.

• You must also make sure that the apprentices are actual apprentices with apprenticeships.

Preparatory work before a conflict is a fact

Good preparations are important for being able to conduct a conflict in an effective manner. Quite a number of things must be arranged in advance. It is important that you, at each individual company, clarify important questions associated with how the conflict can be carried out in a timely manner, before any potential conflict. It is much too late to commence the preparatory work once the conflict is already ongoing.

Tasks of the workplace organisation committees (klubbstyrene) leading up to a possible conflict - conflict preparations

Information on key conditions at the business

The workplace organisation committee (klubbstyret) must notify the local union branch of key conditions that may be of importance to any conflicts, such as for businesses related to life and healthcare, that the trade union must be made aware of.

Contact with members

Before a conflict starts, the workplace organisation committee (klubbstyret) must orient its members on the background for the conflict, and especially conditions at the workplace (reduced access to the company's area, what is deemed to be strike-breaking, possible needs for employees to take necessary personal effects with them before the conflict starts, etc.).

Leading up to any possible conflict, the workplace organisation committee (klubbstyret) must provide for good information preparedness that can be commenced immediately when the conflict is a fact. It is completely essential that the workplace organisation committee (klubbstyret) maintains good contact with members in connection with a conflict. The workplace organisation committee (klubbstyret) must therefore ensure that up-to-date contact information is available for all members. (See also the section on "The company's equipment")

The workplace organisation committee (klubbstyret) must evaluate on an on-going basis the need for member meetings and possibly other activities.

Agreements and clarifications with the company

There are a number of conditions that should be clarified between the employer and the workplace organisation (klubben) before any possible conflict. It thus is important that procedures be set up that specify how different conditions surrounding a conflict will be handled. This should be assessed in concrete terms for each individual company. If it is not possible to reach an agreement on all conditions, then it may be reasonable to write procedures for the matters on which the parties can agree. Key clarifications may include:

Clarify who in the company is encompassed by the conflict

In some cases that can be members at the company who are not encompassed by the conflict. It is important in such cases that the local parties clarify in advance who this concerns and how they should behave in the event of a conflict.

General rules for parties outside of the conflict.

Those who are not striking should continue working as usual. Who this is and what this means in practical terms should be discussed at the business.

Apprentices are generally not included in the scope of the conflict. What can they do and what can't they do? How does their education continue during a conflict?

Relationship to other employee groups, for example supervisors

In its contact with the employer, the workplace organisation committee (klubbstyret) must also address questions concerning the relationship with other employee groups such as supervisors, etc. In the trade union's perception, such do not have occasion to perform work other that what they perform on a daily basis. These groups cannot - under any circumstances - perform blocked work during a conflict.

Requisite precautions against fire, theft, etc. and in order to prevent equipment and the like from being ruined

When a conflict occurs, the point of departure for our workplace organisation (klubben) is that all work at the individual company is blocked. Before the conflict is a fact – the workplace organisation (klubben) must discuss with the employers precisely which personnel must be present in order to ensure that equipment and the like is not ruined, and that necessary safety precautions are commenced against fire, theft and the like. As a rule, this concerns security guards. but it can also involve other groups.

Running down of production

As regards finishing of work in connection with a possible walkout, refer to the Basic Agreement section 3-3. If there is a need, the local parties shall agree upon work necessary for the running down of production. We emphasise that this only can be based on technical and safety-related considerations.

It is common in the National Collective Agreement that the parties centrally grant an exemption for the checking out of hotel guests. Separate information will be provided on this point.

The enterprise's equipment

If the employees have equipment for private use that belongs to the company, for example a mobile telephone, computing equipment and the like, it is important to agree with the employer on whether this equipment will be able to be used.

General contact between the workplace organisation and the employer

During a conflict, there may be a need to have certain contact between the workplace organisation committee (klubbstyret) and the company's management. On precisely what basis such contacts will be made, and when such meetings will possibly be held, must be agreed upon prior to any potential conflict.

Access to the workplace organisation office (klubbkontoret) during a conflict

At many of the companies, the workplace organisation committee (klubbstyret) has its own workplace organisation office (klubbkontor). In the perception of the trade union, it would be natural that the companies grant access to such. Who should have access to the workplace organisation office (klubbkontor) must then be agreed upon with the employer. If the workplace organisation (klubben), against expectations, does not have occasion to use the workplace organisation office (klubbkontor) within the individual company, then the workplace organisation committee (klubbstyret) must in consultation with the local union branch to establish itself outside the company.

The use of company premises for general meetings

It may often be beneficial to make an agreement with the company to use company premises, such as a cafeteria, for general meetings for striking members.

Pickets (streikevakter)

It can be expedient to agree with the company on practical conditions associated with pickets, for example use of toilets and other facilities in the company's area.

Contract employees, including also construction tasks/contracts

The relationship to any possible contract employees who perform work as a part of the enterprise's normal production must be addressed with the enterprise's management. In the perception of the trade union, neither may these be working during a conflict.

Construction tasks in Norway that are being performed by foreign companies with foreign workers may only be performed if it involves an actual construction task under its own management, with its own employees and in a clearly delineated area. The scope of such tasks must be clarified with the companies.

Example: Mounting of machines with own installation technicians, own tools and own work management. This will occur unimpeded, but without assistance from our members, for example for welding work or crane operation. If the task is predicated upon such assistance functions, then the task must be ended at the moment that there is a need for such assistance.

In those cases where it is difficult to differentiate between what is a construction contract and what is a contract task, the trade union must be contacted.

Employees on assignment outside the companies

Some companies in our organisational areas have employees who work/have assignments outside the company. These are also encompassed by any possible conflict.

As a point of departure, all the companies obligations for its employees cease when the conflict starts. Agreements must thus be entered into in order to regulate questions that arise during a conflict.

For members on rotation arrangements, a assessment should to be made in relation to where in the work period the members are at the start of the conflict when an agreement is made with the company.

If the members are recalled to the company, or sent home, it is the trade union's view that the expenses for this will be covered by the company.

It is important that the workplace organisation (klubben) negotiate clear and unambiguous agreements with the companies.

Onshore

For members at facilities on land attempts should initially be made to enter into agreements that involve the members being able to remain resident such that they participate as pickets and in general meetings where the workplace is located.

Offshore

The same assessments must be made for members who are offshore as for those onshore, but the assessment must in addition include questions associated with the possibilities for transport to land, the capacity for spending the night, safety issues, etc.

Mobile workers such as freight drivers and tour vehicle drivers

The primary rule is that they end their task when they return to their "stationing location", but in some instances they are for example on two-weeks tours, and then they ought to end earlier. Freight/tour vehicle drivers who have multiple day tours should contact their workplace organisation committee (klubbstyret) in order to clarify when and where they should end their work in connection with a conflict.2

The local union branch's tasks leading up to a possible conflict - conflict preparation

Before a conflict is a fact, the local union branches must plan how they will look after the members.

Responsibility for these tasks lies with the local union branch, but it is clear that the local union branch cannot handle this without having close co-operation with the workplace organisations (klubbene).

At the same time, many local union branches have a number of members who should be contacted directly to provide information on the collective agreement negotiations and any potential conflict.

At the latest when the negotiations are broken off, this work must already be well underway.

It is too late to begin this work when the conflict is a fact.

Membership dues arrears (membership dues owed)

It is a precondition that a member not owe membership dues (kontingent) of more than two months in order to retain the right to conflict aid. (Articles of Association 1.5.3.2.1-2) It thus is an important task for the local union branches to review the possible arrears of their members.

Preparatory work with conflict benefits

The local union branches must, to the greatest possible extent, prepare for remittance of conflict benefits well ahead of time, if conflicts occur.

Account information for conflict benefits

Every single member must log on to the trade union's member site, “Min side” at Fellesforbundet.no to ensure that the account information that has been registered there is correct and possibly adjust it if it is not. The local union branches will follow up on all members.

Procurement of information on working conditions – part-time, etc.

The local union branches must procure information on scope of the positions of their members, in practice this is to say that the local union branch must obtain an overview of everyone who is working part-time or has a loosely defined scope for their position. The trade union will send out more detailed information on this.

Student members

The student and pupil members must be registered as an employee of an company in order to be encompassed by the collective notice or stoppage.

Extra support for single parents

In the trade union assembly’s meeting of 25 May 2020, the following guidelines were set:

• Support for single parents follows the same rules and conditions for support as in section “1.5.3.2 Conflict benefits” of the statutes.
• Members with shared care responsibilities are entitled to half extra benefits.
• Benefits for single parents are separate from the regular conflict benefits.
• The local union branches set their own routines and prepare their own information for their members.
• Applications are handled by, and remitted through, the trade union's local union branches.
• The trade union will refund each local union branch the benefits that were paid out once the strike ends.
• When applying for this remuneration, the local union branch must submit:
  • Documentation from NAV
  • Number of children, name, birth date (six digits)
  • Membership information from Fane2, name, address, membership number.

The local union branches must, according to the guidelines, establish their own routines and prepare information for their shop steward (tillitsvalgt) and members.

Strike/lockout committee

When consent to initiate work stoppage is present or a lockout has been notified, all local union branches affected by the work stoppage will appoint a strike or lockout committee (statutes 1.5.3.1.1).

The committee is in charge of the local union branches practical handling of the conflict and has a composition that suits the local union branch the best. Its mandate is to follow up the local union branches tasks in the conflict, follow up the workplace organisations (klubbene), and coordinate with other local union branches in the district and regional offices.

General meetings - planning

During a conflict, the local union branches must ensure that a general meeting is called at least once a week. It is important that the first general meeting be held as early as possible, and it hence must be planned already before any possible conflict is a fact. It is important to consider whether the meetings should be held for the entire local union branch, whether there should be general meetings at multiple geographical locations, and whether the general meetings should be organised by the workplace organisation (klubben).

Personal finances

A conflict will always be a financial burden for those who are involved. If the conflict lasts for a long time, friction can easily arise due to financial problems. The local union branch ought to inquire to banks and other credit institutions where its members have loans in order to agree on the postponement of principal and interest payments as long as the conflict lasts. Furthermore, the local union branch must procure an overview of those banks that offer conflict loans, and ensure that their members receive information on such.

Conflict - strike or lockout

Scope of the conflict

Any possible walkout (strike or lockout) encompasses as a point of departure only those organised employers who are encompassed by collective bargaining agreements for which a stoppage has been notified.

The trade union publishes the selection on its website. The companies that are on the selection list will be subject to the stoppage. Stoppage shall, in accordance with the Basic Agreement, be done with a deadline of at least 4 days, and no later than the date demanded as the end date for negotiations. Any expansion of the conflict must be made the same way, with a deadline of at least 4 days.

According to the Basic Agreement, stoppages are valid when a notice has been exchanged between the parties with a notice deadline of at least 14 days. This entails that members who joined after the notice has been exchanged are not subject to the conflict until a new notice is given with a 14-day deadline.

If disagreement arises at a workplace regarding who is subject to the stoppage, then clarifications should be made on this point between the company and the shop steward (tillitsvalgt).

If the local parties are unable to reach a consensus, then they may get in touch with their organisations.3

Members who become enrolled during the conflict

In order to be involved in a conflict, the member must be involved in the stoppage of work. For members who are not involved in the stoppage of work must be informed of new work stoppages before they can enter the conflict. For this type of collective notice, a deadline of 14 days applies from when the notice is given until they can be encompassed by the conflict.

Apprentices

Apprentices and training candidates on training contracts will as a general rule not be taken out in a conflict, cf. Basic Agreement section 3-2.1 (1). If they are to be encompassed by the conflict, such must be expressly mentioned in the collective notice notification (for example apprentices encompassed by the National Collective Agreement traditionally have usually been encompassed by the notification).

Employees who are under training but who do not have apprenticeships, and are considered ordinary company employees, are generally subject to the conflict.

Apprentices who remain at the enterprise must not be placed on work beyond what is natural for them to perform. If the apprentices cannot be placed on work that is a part of their education, they can be granted leaves of absence from the enterprise with at least 7 days’ notice for the period that the conflict lasts, cf. Basic agreement section § 3-2.

For apprentices who are granted leaves of absence. issues concerning a possible extension of the training time due to the walkout must be resolved in accordance with the Norwegian Industrial Training Act, or corresponding provisions in other legislation.

Apprentices who are members of the trade union, will upon the granting of leave or participation in a conflict also have a right to conflict aid on an equal footing with other members of the trade union who are engaged in a conflict.

Transfer of production

The trade union is of the view that organised employees of foreign companies must not undertake any form of production/work that was supposed to have been performed at the company during the conflict. This also applies when it involves the transfer of production from a foreign-owned subsidiary in Norway to another country. Example: An company ramps up its production in Sweden to compensate for the loss in Norway.

It is important that a shop steward (tillitsvalgt) who becomes aware that the company is transferring, or plans to transfer, its production in connection with a conflict, notifies their local local union branch of this.

Pickets (streikevakter)

The local union branch has the responsibility for the organising of pickets at those companies that are encompassed by the walkout.

The workplace organisations (klubbene)/shop stewards (tillitsvalgt) prepare rosters and make arrangements for pickets adapted to the individual company. Such must be submitted to the local union branch for approval.

It is important that the arrangements for pickets consider the enterprise’s production and the trade union's position in the business, the geographical location, and all access options to the company.

The tasks of the pickets are first and foremost to ensure that nobody performs the work that our members should have been performing. It is of great significance that pickets conduct themselves with determination within those tasks they have been assigned, but at the same time with calmness and dignity, such that they do not create unnecessarily acute situations.

Strike-breaking

Strike-breakers are those who undermine the strike by taking striking workers’ places, thus supporting the companies affected by the conflict. Employees who are encompassed by the conflict must not perform work that would otherwise be performed by those employees who are engaged in a conflict. It must be regarded as strike-breaking if such perform work that otherwise would be performed by those members who are engaged in a conflict. Similarly, if the company seeks to hire new employees to have them take over work tasks otherwise performed by striking workers, then this will also be considered strike-breaking.

The company's personal owner, their spouse and children living at home may perform any work at all without being able to be designated a strike-breaker. The same applies to owners with considerable ownership shares4 in the business, the employer themselves, or the company’s most senior executive, but not their spouses or children.

Attempted strike-breaking must be reported immediately to the local union branch. If at the local level such a development cannot be stopped, then the trade union must be notified. If another notification has not been given, the local union branch must send such a report to

post@fellesforbundet.no

General meetings - conduct

During a conflict, the local union branches must ensure that a general meeting is called at least once a week. General meetings must contribute to necessary orientations being given in connection with the conflict, and that the requisite controls are performed in general. Members are obligated to attend the general meetings called.

In most local union branches, it would be natural to call general meetings that encompass all the local union branch's members involved in the conflict. At locations where this is not practically possible, the local union branch must ensure that the workplace organisation (klubben), especially at the large companies, call such general meetings, and the local union branches must then arrange to be represented at the meetings.

It will also be important that the workplace organisations (klubbene) hold necessary meetings for members outside of the conflict.

Financial conditions during a conflict

Earned wages

When the walkout occurs, the enterprise's obligation to pay wages ceases. The last paid day before a possible walkout is disbursed as earned wages as normal. Wages that are earned during the pay period in which the walkout occurs must be disbursed as soon as possible.

Conflict aid

Aid will be disbursed from the first day of the conflict. In special situations, the Federation's Board can make exceptions from this provision.

In order to be entitled to aid, cf. the Articles of Association 1.5.3.2.1-2:

• the member must have paid their membership dues to a trade union associated with the Norwegian Confederation of Trade Unions (LO) for at least 2 weeks before the walkout
• reinstated members must have paid ordinary membership dues to a trade union in the Norwegian Confederation of Trade Unions (LO) contiguously for at least 12 months before the walkout
• membership dues for more than 2 months cannot be owed

Student and pupil members are entitled to conflict benefits when they are affected by the conflict in the same manner as other members.

How much is the aid?

The trade unions's Board will establish the size of the aid. Suggested rates are given in the statutes (see statutes 1.5.3.2.2-1). The 2023 National Meeting set the suggested rate to NOK 6000 per week.

Members who work part-time and members on shift and rotation arrangements will be granted aid in relation to their work schedule assigned beforehand. In special situations, the trade union's Board can make exceptions from this provision.

Members who were ill when the walkout commenced have a claim on aid from the day sick leave pay is no longer disbursed. Members who were on leave with parental benefits from NAV, have a claim to aid from the point in time that the leave and parental benefits cease. Members who are serving required time in military service when the walkout commenced will receive aid from the day they are dismissed.

Extra benefits for single parents

Extra benefits are paid to single parents who are striking, at a rate of NOK 500 per child per week. The federal assembly sets the guidelines for these benefits. (See also page 14)

Payment

Disbursement will be performed directly from the trade union and to the individual member by use of the trade union's member system. The trade union will establish the point in time payment will be disbursed. The local union branches will have instructions sent to them with additional guidelines for carrying out the aid payments.

It is important to be aware of the stipulations in the Fellesforbundet’ Articles of Association's section 1.5 concerning conflict aid, which among other things states:

• All members to whom the collective bargaining agreement applies have the obligation to vote. (1.5.2.1)
• Members who during a walkout omit voting without a valid reason on proposals for a new collective bargaining agreement will lose the right to continued aid. Disputes between a local union branch and a member concerning this provision will be resolved by the the trade unions's Board. Other disputes between a section and the trade union on use of the voting rules will be resolved by the secretariat of the Norwegian Confederation of Trade Unions (LO). (1.5.3.2.1)
• If members take other work during the conflict, they must notify their local union branch. As long as the members have such work, the aid during the walkout will cease. (1.5.3.2.2-5)

User guidelines - remittance of conflict benefits

The trade union establishes a user guideline for the local union branches for the remittance of conflict benefits as soon as possible once the conflict is certain.

Strikes to create a collective bargaining agreement

Conflict aid and the point in time of its disbursement, etc., will be established in each individual instance with respect to the nature and scope of the conflict.

Extra membership dues

• solidarity actions for members who are NOT affected by the conflict

Pursuant to the trade union's Articles of Association, members who are not working and who are not impacted by the conflict are obligated to pay extra membership dues, cf. the Articles of Association 1.4.1.5.

The trade union's Board will determine when the extra membership dues will be collected.

When the trade union’s Board has made a decision to collect extra membership fees, the trade union will immediately issue detailed guidelines on how the extra membership dues are to be collected.

Member of foreign federation

We have no rules in our Articles of Association for disbursing conflict aid to employees connected with foreign trade union’s. If such employees participate in the conflict on an equal footing with our own members (participate in the general meetings, are pickets, etc.) then they must have aid from the trade union.

Other conditions during conflicts

Right to holiday / holiday allowance

In the Norwegian Holidays Act, section 9, point 4, it states:

During a lawful labour conflict (strike or lockout) holidays can be established and required to be taken in accordance with the rules in sections 6 and 7. The employer cannot change the time for an established holiday due to a lawful labour conflict. If the employer omits disbursing holiday allowance is accordance with section 11, No.4, then set holidays cannot be deemed to have been taken during the absence.

This involves the provisions on the setting of holidays and the taking of holidays pursuant to the Holiday Act sections 6 and 7 not being changed in consequence of a lawful labour conflict. An employer may in fact not unilaterally change the time of set holidays.

The Norwegian Holiday Act establishes that the holiday must also be taken pursuant to the law's general rules during a lawful labour conflict. Holiday compensation must be disbursed in the usual manner in association with holidays that are taken during the conflict.

Among other things, this involves:

• Set holidays having to be taken during the conflict unless the parties agree on something else. The employer cannot change the time for an established holiday due to a lawful labour conflict.
• If holidays are not set before the labour conflict starts, the general rules of the Holiday Act will apply. This involves, among other things, that the employee ma demand notification of the point in time for taking holiday at least two months before the holiday is held. Employers must also comply with the rules concerning the discussion obligation.
• Holiday allowance that has been earned the preceding year must be disbursed on the last customary wage payment date before the holiday. The employee may demand that the holiday allowance be disbursed at the latest 14 days before the holiday is held. Even though due to the labour conflict wages are not disbursed on the day that otherwise would be the last customary wage payment day, the holiday allowance must be disbursed on this day. The employer must in fact disburse the holiday allowance even if the labour conflict is taking place. If the employer refuses to disburse the holiday allowance, then the set holiday cannot be deemed to have been taken during the absence.
• Holiday allowance that has been earned for the current holiday year shall not be disbursed in the event of a resignation in connection with a labour conflict.

Right to sick leave

The Norwegian National Insurance Act has in section 8-31 provisions concerning the right to sick leave payments during a conflict.

Employees who have been put on sick leave by a doctor before the walkout occurs have a claim for sick leave payments from NAV during the walkout.

The individual NAV office takes the place of the employer and also disburses sick leave payments during the employer period. As long as a member is on sick leave during the conflict period, the NAV office will disburse the sick leave payments. If the absence due to illness lasts beyond the conflict period, then the employer period will continue, from the day that the walkout has ceased. From the point in time the sick leave ceases, but where the conflict continues in effect, conflict aid will be paid.

Employees who are on sick leave by their own notification when the walkout starts, or are placed on sick leave by a doctor after this point in time, have no claim for sick leave payments. Conflict benefits are given to members.

Insurance coverage

LOfavør’s Leisure Time Accident Insurance applies for our members who are impacted by a conflict. This also involves that members who are active as pickets or in other activities during the strike are covered in terms of insurance by the LOfavør's Leisure Time Accident Insurance. The insurance coverage also applies to trips to and from the home.

With respect to compensation amounts and terms and conditions, refer to the Web site for LO benefits (www.lofavor.no).

During the conflict, all other collective insurances (LOfavør) that are part of the membership apply, as do additional insurances paid for by the individual member.

Leave

Employees who have been granted leaves with pay before the walkout is commenced are not encompassed by the conflict as long as the leave lasts. This involves these employees having a claim for having their leave being allowed to be carried out with pay regardless of the walkout. In general, employees do not have a right to have new leaves granted pursuant to collective bargaining agreements (for example short welfare leaves or other types of leaves that are normally applied for based on the provisions in a collective bargaining agreement) as long as they are encompassed by the walkout.

Lay-offs

Unemployment benefits during lay-off in industrial actions

We make reference to the Norwegian National Insurance Act section 4-22 - Cessation in the event of strikes and lockouts:

No unemployment benefits will be disbursed to members5 who are participating in a strike, or who are encompassed by a lockout or other labour dispute. The same applies for members who are not participating in the labour dispute, but who due to the labour dispute become unemployed at the enterprise or workplace that the dispute concerns, if it must be presumed that the wages or working conditions of the individual will be affected by the outcome of the dispute.

Employees who are already on leave for reasons other than the conflict, and who are not deployed in the conflict, will not lose their entitlement to a daily allowance.

Applying for unemployment benefits during lay-offs

The NAV website states that you should apply one week before the last day on which you are entitled to pay. To avoid losing unemployment benefits, you must apply no later than the day on which you no longer are entitled to pay.

This means that members who are laid off due to conflict must apply for unemployment benefits in accordance with these regulations.

Conflict aid

Conflict aid is given when members have been laid off in connection with a conflict and they are not entitled to unemployment security with respect to the National Insurance Act.

Lay-offs pursuant to section 7-1 in the Basic Agreement — lay-offs resulting from a general lack of work

If the company is in a lay-off situation when a work stoppage has been reported and shop stewards (tillitsvalgt) are uncertain, then the local union branch must be contacted.

Conflict in own enterprise

Employees who are not encompassed by a conflict in their own company may be laid off pursuant to the Basic Agreement's section 7-1, provided that they no longer can be employed in a rational manner. In such cases, 14 days’ notice must be given. With respect to section 7-5, a special rule applies however concerning conditional notification. The individual who might be affected by the lay-off must be notified as far in advance of its implementation as possible (cf. the explanation of conditional lay-off notification below).

Conflict in other enterprises

Conflicts in other enterprises can give justifiable grounds for lay-offs as per the Basic Agreement's section 7-1, and in such case the rules on 14 days' notice do not apply. The enterprise is however obligated to give such notification as is possible. Basic Agreement section 7-3, No. 4.

Conference with shop steward (tillitsvalgt)

Before notification is given, the shop stewards must be conferred with. Minutes must be kept of the conference. The notification deadline in the Basic Agreement section 7-3, No. 1 and No. 2 only first start running after the conference has been held.

Conditional lay-off notification

In the event of a conflict at their own company it may be relevant for the employer to issue a conditional lay-off notification to employees who are not encompassed by the conflict. The notification itself must be given with 14 days' notice, cf. the Basic Agreement section 7-3, point 1. When it becomes relevant to implement the notified lay-offs, notice must be given as far in advance as possible provided that at least 14 days have passed since the lay-off notification itself, as mentioned above, was given, cf. the Basic Agreement section 7-5.

Norwegian Act relating to obligation to pay wages during lay-offs

Section 3, No. 3, in the Act relating to the obligation to pay wages during lay-offs establishes that the employer's obligation to pay wages does not apply in the event of lay-offs that are a consequence of a labour conflict.

Exemptions

If the company is of the opinion that it must have an exemption from the conflict, it must send an application to its employer organisation (National Federation) concerning an exemption from the walkout (the conflict). If the employer organisation chooses to send the exemption application to the trade union, it is the trade union that will process and decide whether the application should be granted (enterprises that have a direct agreement with the tra union, and which are encompassed by the conflict, will send any possible application directly to the trade union). Such exemption applications are solely the responsibility of the enterprise, and the workplace organisations (klubbene)/shop stewards (tillitsvalgte) must not make their views known on - or sign- the applications.

Only by direct inquiry from the trade union should the workplace organisations (klubbene)/shop stewards (tillitsvalgte) make their views known, and then only to the trade union.

All exemptions must be approved by the trade union, cf. Basic agreement section § 3-3.

Voting

The local union branch's Board bears the responsibility for the voting in its area.

In the event of voting over a collective agreement proposal, the trade union will. through a circular provide an account of those rules that apply for conducting the voting.

Provisions concerning collective agreement revision, voting and walkouts are found in the trade unions's Articles of Association 1.5, and in the Basic Agreement section 3-4.

All voting must as a rule be performed such that the members are allowed to cast their ballots at their workplace, and in accordance with the rules that are discussed here. It is important that the voting be conducted in an appropriate manner such the members who work at different times and with free periods also have occasion to cast ballots before the deadline.

Ballots

Together with the proposal, there will be a ballot that must be used in connection with the voting. There will be no occasion to use other ballots. Only either YES or NO should be ticked. If anything else is written in the ballot it must and will be discarded.

The meetings that are held to orient the members at the individual company must be conducted before the voting is undertaken.

The voting must not be performed at the orientational meetings. The members must have occasion to scrutinise the proposal and comment on it before they vote.

Obligation to vote

We refer to the Basic Agreement section 3-4.2.d and the Federation's Articles of Association 1.5.2.1: "All members to whom the collective bargaining agreement applies have an obligation to vote".

Execution of voting

Voting Board

The voting will be managed by the local union branch's committee, a local union branch-elected voting committee, the workplace organisation committee (klubbstyret) or a voting committee elected at the workplace. The voting must as a primary rule take place jointly for the entire comapny. For larger companies where this is not practically possible, the voting can occur by groups. In such case, a voting committee must be appointed for each individual group.

The voting committee can consist of 3 or more members in relation to the company's or group's size and based upon practical needs. The voting committee will be appointed from among those who are familiar with and have the best experience with such tasks.

Where no separate company workplace organisation (klubb) has been formed, the local union branch is responsible for the execution of the voting.

Ordinary voting

The voting will take place by personal attendance at a central and appropriate location at the enterprise. The voting committee will conduct a check by ticking a list. Upon request, valid proof of membership must be exhibited when voting.

Isolated members to whom the collective agreement proposal applies shall cast their ballots in their local union branch.

Electronic voting

For those areas where it is relevant to be using electronic voting, the trade union will provide a separate notice about this. Cf. Basic Agreement section 3-4.1.

Separate guidelines and systems will be developed for such voting.

Voting by post

If it is relevant to use written voting by post, the trade union will issue a separate message concerning such.

Voting offshore / construction sites

Workplace organisations that have members at offshore construction sites/installations will arrange for the proposal and ballots to be sent to their members and a copy of the last available extract of the trade union membership fees paid to their contact person / shop steward (tillitsvalgt) at the installation concerned. The voting at the installations will be conducted with the same deadline that other members of the trade union have to submit their votes.

The trade unions's shop stewards (tillitsvalgte) at the construction sites/installations will in this case comprise the voting committee.

As soon as the counting has been performed, the result must be notified by telephone to the workplace organisations (klubber) that have members who have cast ballots. Subsequently, ballots and marked extract lists will be sent to the workplace organisations (klubbene).

The workplace organisations (klubber) that have members at construction sites/installations must, as soon as possible after the counting, further communicate the result to the section in order for these votes to be included in the voting.

The workplace organisation committees (klubbstyrene) must arrange for voting for offshore workers as well as those onshore during their free periods. If not, the members must be informed that they must cast their ballots in the section.

Controls

Appropriate ballots must be arranged for. Inspection must be conducted of the ballot. It is not permitted to vote on behalf of others. Only one ballot must be delivered from each member.

The workplace organisation committee (klubbstyret) in addition to the voting committee has the primary responsibility for the voting at the enterprise, and must thus check that it takes place in a secret and secure manner, in accordance with the instructions given by the trade union.

Minutes

When the voting by company is finished, the votes will be counted by the voting committee. A minute must be set up where the result of the voting is entered.

This minute must be signed by the members of the voting committee. The minute and the ballots will then be delivered to the local union branch, which will acknowledge receiving such.

Reporting of the voting result

The local union branch reports the results of the vote to the trade union in the manner that has been decided by the trade union, and that the local union branch will be informed of.

Storage of the ballots

Ballots from the vote will be stored securely for 3 months after the vote count is ratified. This is due to the consideration that a new count may be demanded by the trade union.

Publication

The voting result will be released to the public by the Norwegian National Mediator Office if the settlement has been in mediation or by the trade union centrally when a negotiating result is available

Before the result is published, results from the workplace organisations (klubbene) or local union branch must not be revealed. See also the Basic Agreement section 3-4, No. 1 and the Norwegian Labour Dispute Act section 27.

Implementation of the negotiating/mediation result

When a collective agreement proposal has been adopted by the members, it is of great significance that the shop stewards (tillitsvalgt) in local union branches and the workplace organisations (klubbene) ensure that the new collective bargaining agreement is followed up on in accordance with the agreement's provisions and with respect to the information the trade union has provided.

The trade union will send a letter concerning the result of the settlement to the workplace organisations (klubbene) and local union branches. The collective bargaining agreement will be edited by the parties and published when the new collective bargaining agreement has been approved by the organisations.

The trade union’s website has gathered this information for each individual collective agreement - https://www.fellesforbundet.no/lonn-og-tariff/tariffavtaler/

In brief - the course of negotiations and mediation

Negotiations

As soon as proposals for changes to the agreement have been exchanged between the parties, the negotiations will commence. If agreement is reached on a new agreement, then the recommended proposal will be sent out for voting.

Break-off in negotiations

If the prospects of reaching agreement on a new agreement are not present, both or one of the parties may demand that the negotiations be broken off and collective notice be issued.

Ban on walkouts

If the Norwegian National Mediator's Office, when it has received a notification concerning a collective notice, finds that a walkout for this area would harm public interests, then it may pursuant to the Norwegian Labour Dispute Act impose a ban on a walkout until mediation has been tried.

Mediation / stoppage

During the mediation, the parties are subject to control by the National Mediator's Office.

If 10 days have elapsed after a ban against a walkout has been notified, each of the parties may demand the mediation be ended that a stoppage be notified. The National Mediator's Office then has 4 days remaining in which the mediate before the walkout is commenced. During the course of this 4-day period, there are two things that can occur:

• if the parties with the assistance of the National Mediator's Office arrive at a recommended proposal for a new collective bargaining agreement, then the proposal will be sent out for voting.
• if the parties are standing so far from each other that there is no basis for the National Mediator's Office.to submit a proposal, if a proposal is rejected by the negotiating committee or f the recommended mediation proposal is voted down in the voting, then we are facing a conflict situation.

The deadline for ending the negotiations/mediation is normally at midnight, however the parties may agree to negotiate/mediate on overtime.

The mediation can continue on overtime. The trade union will give continuous reports.

It is important that shop steward (tillitsvalgt) and members keep themselves up to date on whether negotiations/mediations have resulted in a solution or whether the process will result in conflict.

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