Saturday, 25 August 2018

Harbor workers goes to court against illegal lockout!



I have been asked to post this by Svein Lundeng on behalf of the Norway Dockers


In May 2014, the dock workers in Mosjøen,Norway were refused to enter the quay they were working on. Now the Transport Workers Association sue Mosjøen Industrial Terminal for more than 60 million kroner.

Disagreement about payment triggered the harbor workers in Mosjøen and the Transport Workers Association.They have all the time claimed thia has been an illegal lockout from the port in Mosjøen.

Banned for over four years.
On May 8, 2014, the port workers refuse to carry out their work before they receive a guarantee that the Unload and Load Office will be payed the 600,000 kronor that The Mosjøen Industrial Terminal owe the office.
On the same day, the dock workers are sent home because there is no more to do. During the night, the access cards are deleted at the terminal for the dockworkers.

During May, MIT pays the majority of the money and the dock workers offer to return to work at a meeting on 5 June of the same year. It is rejected by MIT, which maintains the exclusion of harbor workers. Since then they have been banned.

The transport workers federation has for long notified that they will consider suing the Mosjøen Industrial Terminal for the financial loss port workers have suffered as a result of the lockout. Today, the lawsuit against Mosjøen Industrial Terminal is finally sent to Alstahaug District Court.
In the settlement case, the sum was stated at NOK 58 million. It is a sum that has become even higher now, without either the attorney Lornts Nagelhus or 1st Deputy Terje Fenn Samuelsen to specify.

- The amount has increased further,is everything Nagelhus will say.
Fenn Samuelsen explains why.
"The sum in the Settlement Complaints takes the period out 2016, but we have not counted on what has come after it and until the first quarter of 2018 as compensation will be required," says Fenn Samuelsen.
Hope to get the job back.

Pål M. Aanes, chairman of the Mosjøen Transport Labor Association, is pleased that it has finally been sent to court.
"There has been a long time of uncertainty about what will happen and the wait has been bad. Now we hope with this lawsuit that we can get our jobs back and a compensation for what we've been exposed to, says Aanes.
Likewise, Fenn Samuelsen hopes.

"That's exactly what's the basis of our case against the company," he says.



When the conflict started in 2014, there were 17 port workers in Mosjøen. Now 14 have had their jobs either on a permanent or temporary basis.

"There are still three who have not got anything to do," says Pål M. Aanes.

According to Lornt's Nagelhus, it will probably take up to a year before a trial.
No comment

Transportarbeideren has not succeeded in getting a comment from Mosjøen Industrial Terminal.
Original article: https://frifagbevegelse.no/transportarbeideren/havnearbeidere-stevner-mosjoen-industriterminal-for-ulovlig-lockout-6.158.572499.33ca1a3169

Please olso read-Dockworkers Håkon Pettersen (48) and Per Ove Hauan (59)from Mosjøen Transport Forening Avd 147 have not received income for four years, but refuse to give up before they get their jobs back: 


Images from a demonstration in Mosjøen august 2014: 



Port workers considering lawsuit against Port of Oslo.

The fact that the Port Authority will not impose participants in the harbor to use dockers shows that the Port's almost six-year-old strategy to get rid of dockers still apply, says head of Oslo Bryggearbeideres Forening.


Last week, 1. Deputy Head of Transport Workers Union, Terje Samuelsen, called for Oslo Harbor to comply with the Port Workers' Convention's requirement for unloading and cargo work to be carried out by registered port workers.
However, harbor director Ingvar Meyer Mathisen in Oslo replied that harbor workers in Oslo Bryggearbeideres Forening no longer had preferential rights, and that was why they could only ask,not demand, the port operators to make use of these port workers.

- Outrageously
It makes leader of (OBF) Roar Langaard shake his head.
"This is just a repetition from the Harbor Director. Has he forgotten that the Harbor Board as late as last summer - half a year after Holship judgment - agreed that ILO 137 should be followed in Oslo. It states that there are registered port workers who have priority.

- The definition of who is port workers has not been changed, although the government is working on this now. Until this is in place, therefore, OBF are the registered harbor workers. That the port director on his own comes with a different definition of who is port workers is simply scandalous, Langaard thundered.

- Conducted bankruptcy
He suspects that the port authorities in Oslo relate more to the strategy plan adopted in December 2012 than the decision to follow ILO 137 from last year.
"The strategy statement is there as an active decision, and no new decision has been made to park that strategy memo. That strategy outlined four possible ways of getting rid of the harbor workers, and it is obviously harassing Oslo Harbor that they have not yet managed, Langaard emphasizes.
He says that OBF has evidence that the employers of the board in Oslo's Lossekontoret accounted for board liability insurance three months after the strategy note was adopted. It is an assurance that members of the board do not personally become liable for the decision the Board makes.
"When we see the Strategy Statement and Board Liability Insurance in the context that the owners later hit the bankruptcy, it is difficult to see that this was not a intentionally bankruptcy to get rid of us. In line with the strategy that was put up in 2012, he says.

Økokrim (Norwegian National Authority for Investigation and Prosecution of Economic and Environmental Crime) interested.
Langaard can not understand other than this is illegal.
"In my opinion, this is criminal and we have already been in contact with Økokrim, who is very interested in our documentation. At a member meeting we had in OBF, we received support for considering reporting Oslo Havn to Økokrim and later civil proceedings against all those named in the 2012 Strategic Note, but we will recall the members to make a decision to go for a lawsuit, says the OBF leader.
He explains that for several of the harbor workers, the loss of work at the port has become dramatic.

"We have five port workers who have lost the right to AFP
( contractual pension) because of this. That amounts to over one million kroner for each of them, he points out.

Langaard becomes an ITF inspector
Although OBF is raging with the saber, Langaard emphasizes that they primarily wish to settle conditions at Oslo Port.
"I see that the port director claims there is a good dialogue between Oslo Harbor and us in the Transport Workers Association, but I think he must mix with NHO(Employers organsisation). We are not happy, he says.
Langaard is also unsure how the positive harbor director will be to the new inspector who will check who unloads and loads ships in Oslo when he gets to know who it is.
"I am studying at the International Transport Workers' Federation in London now in late August, and I expect to be in activity as ITF inspector from the last half of September," said Langaard.

"I have no intention that it will be nice for Oslo Harbor to have a POC inspector if conditions are not correct, but I hope that the documentation I will collect will contribute to it. Despite the fact that both the strategy note and everything that has been done since suggesting that arrangements are not something Oslo Port wishes.

An injury to one is an injury to all!

Solidarity with the dockers!



- Need for OBF
Harbor Director Ingvar Meyer Mathisen says he is sorry it has been so difficult to find solutions at Oslo Harbor.

"It's only to be noted that this is a matter of much history and strong emotion, and I do not want to make it even more demanding by responding to the many claims made by OBF about lawsuit ," says Meyer Mathisen.
He rejects, however, that the port of Oslo is working to get rid of the port workers.

- The last board decision relating to ILO 137 and port workers is what was done in the summer of 2017. That decision is the basis for our work on these issues. Neither the board nor the administration in Oslo harbor is working to "get rid of the harbor workers".

"We see there is a need for actors like OBF and others who can help solve tasks related to cargo and cargo work in the harbor to succeed in our work, but we are of the opinion that none of the players can claim a preference for unloading and cargo work in Oslo port.

"Actors are free to use their own permanent employees and or other actors in the port who offer this type of service," he said.

However, the Director of Ports reiterates that he is positive for more inspections at Oslo Port.

"We are aware that ITF's inspectors are professional and competent in their work and do an important job for secure pay and working conditions and compliance with shipping agreements for seafarers. We assume that this will also be the case if the head of OBF becomes an inspector for ITF, says Ingvar Meyer Mathisen.
Original article: 


1 comment:

  1. i hope dockworkers get their job back, and the company has the obligation of pay for the money loss, but also for the mental disturbs caused by capitalism bosses.
    we never walk alone

    ReplyDelete