The dock workers have been banned for two and a half years because of an agreement that does not exist


I am posting this on behalf of Geir Ingebrigtsen / Svein Lundeng and the Mosjoen Dockers
The dock workers in Mosjoen are barred from the docks since 8 May 2014, but now it turns out that there exists no exclusive agreement giving reason to not use dockers to loading and unloading of ships in Mosjoen. From left: Rolf Gunnar Aanes, Dagfinn Hauan, Rune Langmo, Håkon Pettersen, Steven Fermann, Robert Hagfors, Paul M. Aanes, Per Ove Hauan, Svein Lundeng and Lars Reidar Vikdal.
Roy Ervin Solstad
No exclusive agreement in Mosjoen

ROY ERVIN SOLSTAD
res@lomedia.no
Published 30/09/2016 at 11:15 Updated 30/09/2016 at 11:36


Since May 2014, the dockers in Mosjoen not been able to do the job they have a collective agreement that it should do in Mosjoen Harbor.

The port operator Mosjoen Industrial Terminal, NHO Logistics and Transport and the Port Director in Mosjoen, Kurt Jessen Johansson has since claimed that an arrangement exists between Mosjoen Harbor and Mosjoen Industrial Terminal giving MIT exclusive right to use the dock.

Under labor law, an understanding of the collective agreement between NHO LT and Transport Workers Union, such an agreement entail an exemption from the requirement to use dockers who almost exclusively organized in the NTF. Instead, harbor operators use their own staff to load and unloading ships.

• Requires answers from Coastal Director

Since labor judgment nor requires strictly own employees, but that there may be employees of companies company with exclusive license cooperates, used MIT employees at aluminum smelter Alcoa Mosjoen at the beginning of the conflict. Later MIT employee's own people and also use call-temps. Freight traffic to and from Alcoa constitute the way most of the goods are unloaded and reloaded at Mosjoen Harbor.

Tried kept secret
Long has it been attempted to obtain a copy of the agreement in Mosjoen, but Mosjoen Harbor has refused for reasons of FOIA. Earlier this year, Mosjøen Havn its refusal appealed to the County Governor of Nordland by Silje Kjosbakken, also known as blogger Brygge dockers Lady. In County Department decision signing Tor Sande:

"The county governor abolishes Mosjoen Airport's refusal of access to the relevant agreement so that access is granted. They except information can not be exempted pursuant to the Freedom of Information Act (...). The complaint has thus been unsuccessful and the copy of the agreement are requested submitted complaints. The decision can not appealed. "


Blogger Silje Josten Kjosbakken got county governor pursuant to the agreement in Mosjoen not be exempted from public disclosure.
Roy Ervin Solstad

Opposite of exclusivity
Since Kjosbakken requested access to the current agreement, there is little doubt that the copy also Transportarbeideren have accessed, the agreement existing between the municipal company Mosjoen Harbor, where Mayor Jann-Arne Løvdahl from Labor's chairman, and Mosjoen Industrial Terminal aS which operates the port.

• Read the entire agreement here


Had there existed an additional agreement about exclusive agreement such as Tromso, it would also become enclosed in Mosjoen case, then it would have been a part of the existing agreement.

Blogger Silje Josten Kjosbakken got county governor pursuant to the agreement in Mosjoen not be exempted from public disclosure.
Blogger Silje Josten Kjosbakken got county governor pursuant to the agreement in Mosjoen not be exempted from public disclosure.
Roy Ervin Solstad

Not so, and in Mosjoen agreement is non exclusive license mentioned whatsoever. Instead say the agreement that the parties will work exactly the opposite than that MIT should have quay exclusively for itself, namely to get more users onto the docks.

"MIT is committed to working with MH (Mosjoen Harbor, ed.'s Note.) To develop Mosjoen Harbor by the crane to be used for third party tonnage. Third ie another legal entity than Alcoa."


• Harbour conflict in Mosjoen may be ending

 This agreement shows that we have been right in what we have been saying all along, says Paul M. Aanes, head of dockers in Mosjoen.
Roy Ervin Solstad

Will not answer
Ever since Wednesday has Transportarbeideren tried to get the parties in Mosjoen in speech. It has proved very difficult. Kurt Jessen Johansson, Port Director in Mosjoen has neither taken the phone or responded to email, while general manager in Mosjoen Industrial Terminal, Pia Segtnan left it to its Chairman Rune Birkeland responding. He did well, but answer the questions he did not. In a very brief emailprinter Birkeland following:

"Thank you for your inquiry. NHO LT represents MIT in negotiations with Transport Workers Union. The mail is therefore forwarded to NHO LT."


Transport worker has therefore been in contact with Deputy Director of the NHO Logistics and Transport, Thor Christian Hansteen but neither NHO top will answer why the employers' organization has claimed that MIT has exclusive license in Mosjoen, whether there is an additional agreement and if MIT has committed tariff violations if there is no exclusive right to the current agreement.

The short answer from Hansteen is only eight words.

"NHO LT would not comment on this now."


Any response from the mayor and chairman of Mosjoen Harbor has not appeared, but Jann-Arne Løvdahl took at least phone when Transportarbeideren called.

- I'm on vacation in Nice. I'll see your questions on Monday when I'm back at work, the mayor said.


Transportarbeideren therefore sent questions to Deputy Mayor Janice Pettersen from the Socialist Left Party around lunchtime Thursday, but neither deputy mayor has answered the questions.

• NHO and NTF disagree on duty to use dockers

Surprised
One who however will speak are Paul M. Aanes, head of dockers in Mosjoen.

- I am very surprised. This shows that both Mosjoen Harbor and MIT have bluffing about the real situation. We sit on several letters in which they have referred to the exclusive use as an argument not to use dockers, he said.

Aanes admits that he had believed in a high degree of professionalism from the docks and port operator.

- Here we see that there are powerful forces working to get rid of loading and unloading workers in Mosjoen. We are going to continue working on this in all channels, also politically here in Mosjoen, says Aanes who also sit on the council for Red party in Vefsn municipality.

• There will be no ending strike

Must consider consequences
Aanes says knowledge of the contents of the agreement between Mosjoen Harbor and MIT makes it must be cleared up in conditions on the docks.

- You need someone to sit down to take a reality check. I think that it is NHO LT who posted guidelines for Port Authority and Mosjoen Industrial Terminal. We have identical letters from both the Port Authority here in Mosjoen and Hansteen NHO LT published in the newspaper Tromsø which clearly shows that there has been a collaboration between MIT, Mosjoen Harbor and NHO LT. It has always been critical, and the agreement shows that we have been right all along, says Aanes.

- What needs to happen with Port Authority for this?


- There must be at least considered what will happen in the future, but it's nothing in the agreement that refers to exclusive use. They are supposed to work for startups at MIT's part of the harbor.

• LO deputy Solbakken upset NHO

not credible
In the recently signed wage agreement between NHO LT and Transport Workers Union which was brokered until the night of last Saturday, the conflict in Mosjoen received a separate item. It says the following:

"Disputes relating to monetary claims / invoices for loading and unloading the office decided by the court. The dispute also includes a wage alleged unlawful exclusion of workers. Parties to the dispute NTF that gets transported requirement and MIT."

Aanes is crystal clear that the agreement between MIT and Mosjoen Harbour which says nothing about exclusivity forces NTF and port workers issue in the upcoming straight settlement.

- I can not see anything other than that our rettsløp will be even stronger than before with this agreement, he said.

- This agreement shows that we have been right in what we have been saying all along, says Paul M. Aanes, head of dockers in Mosjoen.
- This agreement shows that we have been right in what we have been saying all along, says Paul M. Aanes, head of dockers in Mosjoen.
Roy Ervin Solstad

Something settlement offer from the opposite party, he does not believe.

- The prestige is well grown up by PIL and MIT that if they give up now, then unravels everything. Nevertheless, this agreement that NHO LT is no credible counterparty as we hoped when mediation was completed on Saturday. This agreement shows that they use methods that do not hold water, says Aanes.

Nor does he think something that it should suddenly emerge a supplementary agreement in Mosjoen containing exclusive license in Mosjoen Harbor Mosjoen Industrial Terminal.

- It would make me very puzzled, especially after the County revoked the exemption from the public who Mosjoen Harbor tried on, says Paul M. Aanes.


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