Observación (CEACR) - Adopción: 2001, Publicación: 90ª reunión CIT (2002)

Convenio sobre la libertad sindical y la protección del derecho de sindicación, 1948 (núm. 87) - Noruega (Ratificación : 1949)

The Committee takes note of the information contained in a communication of the Independent Unions’ Forum (UFF) and the comments thereon made by the Government. It recalls that its previous comments concerned the following.

Articles 3 and 10 of the Convention. In its previous comments, the Committee 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 whole or part of the population, or to public servants exercising authority in the name of the State. The Committee had asked the Government to keep it informed of any further developments in this regard. In particular, the Committee had asked the Government to provide a copy of the report of the national committee, consisting of all major workers’ and employers’ organizations, appointed by the Government to review the system of collective bargaining and the settlement of industrial disputes.

The Committee notes the comments made by the Independent Unions’ Forum (UFF) to the effect that specific proposals made by the national committee would bring the Labour Dispute Act into contradiction with ILO Conventions. These proposals concern the power of the mediator appointed under the Labour Disputes Act both to order a ballot on a proposal for a settlement and to link ballots so that the acceptance of a settlement proposal depends on the total voting in all the sectors concerned. In this regard, the Committee notes the observations made by the Government to the effect that it did not wish, as it would be premature, to comment on the proposals made by the national committee as its report was to be subjected to a broad consultation involving all the social partners, and that following these consultations, the Government would take a decision regarding its submission to Parliament.

The Committee further notes however the Government’s statement in its report concerning the application of Convention No. 98 that if the recommendation of the national committee whereby the mediator would be empowered to order an organization to hold a ballot over a proposal for a settlement was implemented, the provision of the Labour Dispute Act whereby the mediator can link ballots would be reactivated.

While duly noting that the Government has not yet taken a decision on the proposals of the national committee, the Committee wishes to recall that a proposal whereby the mediator can order a vote, and additionally link the ballots of the trade unions concerned, may lead a workers’ organization to be bound by a majority decision over a settlement proposal against their will thereby impairing their right under the Convention to formulate their programme and activities for the furtherance and the defence of their members’ interests, including the possibility of having recourse to industrial action. The Committee requests that the Government keeps it informed of any further developments and trusts that the Government will fully take into account the abovementioned concerns in any measure it will take.