Accused NHO to mislead city council in Oslo.

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Accused NHO to mislead city council in Oslo.
Transport workers union and the Seamen's Association believe that NHO Logistics and Transport(employers organisation) both misunderstand appointments and make unfounded statements to the city council in Oslo.
In a memorandum to the city council Geir Lippestad in Oslo, CEO Are Kjensli of NHO Logistics and Transport writes that it is problematic that shipping companies must have an agreement with the Seamen's Association to enable the ship crew to contribute to unloading and cargo work.
Kjensli points out that the Seamen's Association is not a collective agreement part on board and that seafarers must be free to be organized or not.
No organizational support

This leads first deputy Terje Samuelsen to claim that the NHO boss must have misunderstood what requirements apply, thus misleading the city council regarding the rules that apply.
Fenn Samuelsen points out that the cargo clause does not indicate that there is an agreement with the Seamen's Association. On the other hand, ships registered in convenience registers, so-called FOC ships, who have signed a collective agreement with ITF, have a cargo clause that states that an agreement must be reached with the port workers' organization in order to contribute to unloading and loading.
"This clause does apply the seafarers in general," says Fenn Samuelsen. 
The fact that the ships have a collective agreement with ITF does not imply any organizational structure, only that shipping companies undertake to comply with ITF's agreement on pay and working conditions.
"It is therefore a strong assertion from Kjensli when he claims that this can be problematic for basic human rights about organizational freedom. There is an assertion without any root in reality, says Fenn Samuelsen.

Maintains social dumping
The same characteristic he gives the statement that the liability clause in the ITF agreements could be a restriction contrary to the EEA legislation on the free flow of services.
"That link has never been discussed or taken up as a problem before, and I consider this as a baseless claim without any kind of documentation," said Fenn Samuelsen.
He also reacts that Kjensli compares foreign truck drivers with international shipping in Norway, with ship crew who does port workers work in Norway. Kjensli believes that it must be asked whether the term social dumping is relevant in that context.
"It should be clear that when ship crew members are not paid for work they are forced to perform in many cases, and it is documented that this happens, there should be no doubt that this is social dumping. It is completely in line with what is happening in freight transport. I find Kjensli's discovery of social dumping and the comparison with freight transport quite sensational, says Fenn Samuelsen.

Does not read the entire convention
However, he is not particularly surprised that the NHO LT director attacks ILO Convention 137 which regulates who has the right to unload and load ships. It is a convention Norway has ratified, and as implemented until the Holship judgment was implemented in Norway through the collictive agreements for harbor workers. Fenn Samuelsen thinks the NHO LT disregards the full text of the convention, and instead, hangs up in a small part.
- The convention states that registered port workers are those who have their main income from this work.The Supreme Court judgment did not say anything about that, but NHO LT will not talk about it, says the NTF deputy. 
New definition of harbor worker
He recalled that it is up to the authorities to come up with a new definition of what a registered port worker is, but that until it is available, it is the current definition that must be used. Transport workers have previously said that they expect a new definition should be ready already in spring, both because a new collective agreement will be negotiated and because the ILO will have its congress in early summer 2018.
"We have not received any signals from the ministry when it can be completed, but the ILO Convention must now be implemented in either law or regulation. This Convention contains a preferential right for registered port workers, and there will probably be more registered port workers with a new definition. This may be why NHO has provided clear signals that they do not see the need for change in who should be registered port workers. NHO is opposed to the right of priority, says Fenn Samuelsen.
Discussed the situation in London
He explains that Transport Workers' Association with the help of seamen organizations throughout the conflict at Oslo Harbor has attempted to come through with his arguments.
"But it does not seem to affect neither NHO LT, Oslo port or City Council. There has been a lot of talk, but little response and action, he points out.

Fenn Samuelsen nevertheless sees no reason to give up on settling conditions at the Oslo port and with the distant capital port from the unattractive list of convenience ports. This week he has been attending meetings with harbor workers and seafarers section of ITF in London. There the declaration of Oslo port as the Port of convenience were a topic.
"We expect Oslo Port to comply with the laws and regulations that apply in relation to the ILO conventions they are subject to, and not least the decisions made to comply with ILO Convention 137.
There is no doubt that the Declaration of Convenience Port will adversely affect Oslo port, but we hope that the situation can be resolved through dialogue and action in the near future, concludes Terje Fenn Samuelsen.
Support from the Seaman Federation.
The transport worker also has asked for comments from the leader of the Seamen's Association, Johnny Hansen. He says that he stands behind Terje Fenn Samuelsen's comments on the note from Are Kjensli in NHO Logistics and Transport.
CEO of NHO Logistics and Transport, Are Kjensli, however, does not want to comment on Terje Fenn Samuelsen's statements .- There is no point the dialogue between NTF and NHO Logistics and Transport takes place through the media, says Are Kjensli to Transportarbeideren.
Please also read, Oslo Harbor declared POC:
https://felixstowedocker.blogspot.no/…/oslo-harbor-declared…

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