The core of the matter: which collective agreement shall apply in Risavika

The ongoing conflict in Risavika port is not about whether a collective agreement can be established or not. Nor does it have anything to do with social dumping. The conflict is about which collective agreement that shall regulate wage and working conditions at the port.

The Norwegian Confederation of Trade Unions (LO) and Norwegian Transport Workers’ Union (NTF) demands that the framework agreement for cargo-handling work (dockers) is applied. The Confederation of Norwegian Enterprise (NHO) and NorSea demands for the agreement for shore-based workers of Industry Energi, or another agreement, to be applied. Today Industri Energi's agreement for shore-based workers covers both white collar workers of Risavika Terminal, and the dockers doing load and unload work – like they have been doing ever since the terminal was established several years ago – by agreement between Risavika Terminal and NorSea.

 

It has been argued that the boycott launched by the Transport Workers Union is about preventing cargo handling duties being carried out seafarers, and to secure that it is being done by approved dockers. This too paints a wrong picture and has nothing to do with the realities at Risavika. The members of Industri Energi currently performing the work, are just as much dockers as the dockers organized by the Transport Workers’ Union. Both unions are represented in the dockers section of the International Transport Workers' Union (ITF). Both unions practice preferential rights for cargo-handling work. The rules regulating to which extent seafarers may perform work, are the same regardless of which agreement is applied (and these rules were implemented in our agreement for shore-based workers in the late 90s, as then requested by the Transport Workers’ Union, to ensure that cargo-handling work is not being carried out by seafarers beyond what is normal at Norwegian ports).

 

The question of which of the agreements to be applied, was brought before the Permanent Arbitration Tribunal between LO and NHO. The tribunal said that none of the parties have agreements applicable for the cargo-handling work in Risavika Terminal. In other words, they found neither Industri Energi’s agreement for shore-based workers, nor any of the agreements of the Transport Workers’ Union, to be suitable. In situations where none of the existing agreements between LO and NHO fits the workplace in question, the parties are free to claim the agreement they find best suited. LO ruled, against the vote of Industri Energi, in favour of the Transport Workers Union's agreement to be claimed in Risavika. Although I did not like the result, this was the outcome of a long process in accordance with LO’s internal regulations. Having said that, no one can expect our dockers in Risvika to support or take action in favor of this decision. It does mean losing jobs. For our members of Industri Energi now performing the tasks, this is a question of keeping their jobs, and continuing the collective agreement that has been regulating their wages and working conditions for several decades.

 

As already mentioned, ever since the terminal was established, the work in Risavika has been carried out according to terms set forth in the agreement for shore-based workers of which LO and Industri Energi are parties. The workers are permanent employees with fixed salaries. This agreement has an average wage level of NOK 407.492 excluding overtime, and is one of the agreements between LO and NHO with the highest wage levels. The agreement demanded by the Norwegian Transport Workers' Union on the other hand, has an average wage of NOK 341.835 excluding overtime.

 

Hence, the heart of this matter is: shall LO and the Norwegian Transport Workers' Unions claim for the framework agreement prevail, or, shall the NHO and NorSea claim for Industri Energi’s agreement for shore-based workers prevail. Either way, the work to be done will be carried out by approved dockers, with preferential rights, with decent wage and working conditions. For the Transport Workers’ Union, it’s a matter of getting more work to their members in the local Stavanger cargo-handling union, with the result that our members will be pushed out. For the employers, it about choosing an agreement that secures a more comprehensive and functional way of organizing the work at the terminal. For LO, it’s about getting approval for a decision reached after a very long process. Looking back at LOs more than hundred year old history, such battles are not few and far between.

 

Leif Sande

President

Industri Energi