Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Norway (Ratification: 1949)

The Committee notes the information contained in the Government’s report.

Articles 3 and 10 of the Convention. The Committee recalls that in its previous comments it had expressed the hope that any restrictions imposed on the right of workers’ organizations to organize their activities and formulate their programmes for furthering and defending their interests would be removed and that in particular, the possibility of imposing legislative intervention in respect of industrial action would be limited to essential services in the strict sense of the term, that is to say, those the interruption of which would endanger the life, personal safety or health of the whole or part of the population, or to public servants exercising authority in the name of the State. The Committee had noted the information provided by the Independent Unions’ Forum (UFF) to the effect that specific proposals had been made by the tripartite national committee set up to review the system of collective bargaining and the settlement of industrial disputes, which the UFF considered to be contrary to the provisions of the Convention. In this respect, the Committee notes with interest from the Government’s report its decision, in the absence of broad support from the social partners, not to follow the proposal to grant the mediator appointed under the Labour Dispute Act the power to order a linked ballot on a proposal for a settlement. It further notes with interest the Government’s decision to amend the regulations concerning linkage of ballots, which had remained dormant for 20 years, so that the mediator may only link ballots if the parties concerned give their consent. The Committee requests the Government to keep it informed of any developments in this respect.

As concerns, more generally, the use of compulsory arbitration, the Committee once again recalls the need to limit the possibility of imposing legislative intervention in respect of industrial action to essential services in the strict sense of the term or to public servants exercising authority in the name of the State. It requests the Government, in the meantime, to take the necessary measures to ensure that any ad hoc legislative intervention in labour conflicts will be limited to the abovementioned cases and asks the Government to keep it informed of any further developments in this regard.