Dock workers accuse the Port of Oslo of social dumping Low-wage sailors assist in the unloading and loading of ships at the Port. The dockworkers are pissed.


Posting on behalf of Svein Lundeng and Dockers Hangarounds

Dock workers accuse the Port of Oslo of social dumping
Low-wage sailors assist in the unloading and loading of ships at the Port. The dockworkers are pissed.
Tommy Torgersen pass over phone.
- It is already on the Spro west of Nesodden, says Torgersen on mobile application which can help you track your shipping.
The head of Oslo Dock Workers' Association follows the freighter MV "Karmsund". It was in June 2016 under the control of one of the ITF's inspectors former Nor Lines ship with its foreign crew both loaded and unloaded the boat as it was in Oslo, but the crew did not get paid. Now it has been in Oslo again, but here we stand on Kneppeskjær Kaia underneath Bekkelagsveien hill in Oslo, there is no Karmsund to see.
Torgersen make a new pair of clicks on the phone and finds an audio message. It is from Angelica Gjestrum, Norwegian ITF coordinator. She was aboard the "Karmsund" while it was docked. Her message is short and crisp.
- This is just like last year. The crew load and unload and do not get paid, she says.
One third of Norwegian wage
OBFs deputy, Roar Langaard is not surprised. Just pissed.

- The worst thing is that they only give a damn. It seems that even Port Authority is indifferent to this. It is not equal terms when we compete with ship crew mininumwage, he says.
The agreement was supposed to secure dockers.
The sun is shining, but not even the glorious spring weather, makes Tommy and Roar smile. They stand outside the fence that separates the docks and boat supply road by Kneppeskjær. For several years they have fought for the operators at the Port to use the registered dock workers, but more often they have to stand outside and watch others do the jobs they should have. ILO Convention 137 was ratified by Norway in the 70s and still apply. Article two states that "It shall be the competent national policy to encourage all those affected by this to obtain dockers permanent or regular employment as far as possible" and in Article three: "The Registered dockworkers shall have priority when allocating of port work. "
The Faroese flag on the stern of the "Karmsund" is declared as a flag of convenience by the International Transport Workers' Federation, the ITF. For the sailors it means that they comply with international minimum standards set by the ITF. The last adjustment of the minimum wage was made on 1 January 2016. Where the specified minimum monthly salary of an ordinary seaman per month to 1,078 US dollars. It is just over 9130 NOK at the current rate. Had the boat sailed on NOR flag, would the same oar according Sjømannnsforbundet earned at least 28,900 NOK per month. They would also have had equally long periods free as they are on board, but the low paid seafarers its ITF agreement sets a lower limit of 30 days off. A year.

Thought on cooperation
It is not long since the staff thought the problems at the Port of Oslo was resolved. It is October 20, 2015 press conference in Oslo City Hall. There sits Raymond Johansen of Labor, Marianne Borgen from the Socialist Left Party, Lan Marie Nguyen Berg from the Green Party and Bjørnar Moxnes from Red party. Before them is a cooperation agreement between the four parties who are signed in turn. The agreement lists a number of points the four parties agree. In one of the items reads: "These parties have agreed that Oslo will follow ILO Convention. 137."
Norwegian flag, foreign wages.

The time is turned up to 15 March 2017. On Kneppeskjær, where "Karmsund" not long ago was located the freighter MV "Kegums". On board, she has aluminum to be unloaded and carried on to the Benteler Aluminium Systems at Raufoss. The 99 meter long and 15 meter wide ship has a Norwegian flag on the stern, but the ship's owner is Linito Shipping Compay Limited in Cyprus. The Norwegian flag means that the ship is either registered in the ordinary Norwegian Ship Register NOR, and will have crews on Norwegian wages and working conditions, or in the Norwegian International Ship Register, NIS, that only the captain should be Norwegian, while the rest of the crew can go on local employment contracts and with the local salaries. Often used Eastern Europeans and sailors from Asia on these boats, and in many cases, neither the captain is Norwegian. "Kegums" belongs to the latter registry. NIS-flagged ship is the Seamen's Federation verifies that the subordinate sailors get what they are entitled pursuant to NIS Agreement.
The agreement gives the Latvian seamen on board a monthly salary of between roughly 18,000 and 22,500 NOK, though they are commonly subordinate crew at no extra charge. It is at its peak more than 10,000 below what they would have received if the boat had been registered in NOR.
Exclusively exception.

In Norway a labor law verdict in October 2014 found that the harbor operators did not have to use dockers if the operator had exclusive right to use the docks or the part of the harbor where they operated. Instead, companies could use their own employees. In Oslo and other Norwegian ports were agreements between ports and operators "upgraded" to grant such exclusivity.
- The only thing achieved with such an exclusive agreement is not to have to use dockworkers, says Roar Langaard indignant.
Both he and Torgersen says that port operators have benefited this exclusivity further than its quays, for dockers has not released to board the boats to make loading and unloading work on board.
- The port operators have no exclusive license aboard boats, he said.
Incomprehensible low price
On MV "Kegums" they pause in discharge, but it is not just dockers who have break. It also sailors on board. Previously, boat unloaded by the company Norsteve AS having terminal at Filipstad further west in Oslo harbor, but when the company had no question they could use the ship's crew to discharge rather than dockers port operator wanted to use, suddenly another company job.
- I do not know if they use the crew on board, but we had not coped with the prices rumors talking about, says Ole Kristian Stenslet, Terminal Manager in Norsteve.
He will not say anything precise about the price, but admits that he made contact with the Port to hear about saving rate Norsteve had to pay was higher than those assumed.
- It was not, so how they can be so cheap on both storage and action I do not understand, but it is evident that we have become uncompetitive price, he says.
Not that they have any intention of being cheaper all the time.
- We have also chosen to focus on service and quality and has been one of the few who have chosen to use dockers to OBF both on board and on land. There we have followed ILO Convention. That not everyone has done it, is a problem. We see that the only conceivable money and that it is becoming more exploitation of seafarers. That should the Port grab and gain control of what goes on in boats. It's not good what's happening now, says Ole Kristian Stenslet.
ITF: - Port of Oslo is responsible

On the top floor of the Maritime house a small block from Rådhuskaia in Oslo sits Angelica Gjestrum and complete a letter to be sent shipping company MV "Karmsund" with a copy to both the Danish trade union that has made an agreement with the boat and the Oslo Dock Workers Association. She confirms that the situation on board the ship is exactly as it was nine months ago. Then as now the crew was required to unload and load the ship of own company or from the agent. Without additional payment. Gjestrum tells the crew to unload and load if this is voluntary and approved by the local ITF federation organizes dockers, in this case Norwegian Transport Workers' Union.
Such approval would hardly come anyway.
- My function in this is to be a witness of truth for dockers. This report is evidence that dockers in Oslo can bring to the City of Oslo, she says, and hope it may soon be normal conditions at the Port again.
- In those years dockers have been in conflict shipowners covered behind that they could not use port workers in conflict. The excuse they can not take anymore. It is up to the Port to ensure normal operation, says Angelica Gjestrum.
NSF: - The crew unloaded at Kegums
About the same time as Gjestrum submit its report, the Line Heimstad, Bjorn Erik Kristoffersen and Jan Erik Lundby from Norwegian Seafarers' Union aboard "Kegums". They have a long chat with the captain and the Latvian crew. The papers there is nothing wrong with, but both truck driving and bemannnigen of cargo lift on board is the crew performing, while the company on land arranges the load when it is set down on the quayside.
- We have tried to get into a loading and unloading clause also in NIS agreement, but it has not NSA been willing, says Line Heimstad.
Association tariff responsible, Geir Hagerupsen says NSF has never required that seafarers shall be paid for loading and unloading work.
- Then we would legitimized that sailors could unloading and loading, and we will not help, he stressed, adding that there is something new that seafarers helps to unload the boats.
- To drive a truck down the cargo hold has dockers never wanted. They also wanted to sit in "glass cage" and board the elevator, he said.
Roar Langaard confirm that it could have happened.
- We have had problems with staffing levels at times. Then the sailors helped us, he says.
- Worse than before
Down in Sheds 41 on Vippetangen in Oslo, on the second floor, in OBF their bit tired premises with brown korea paneling on the walls, Tommy Torgersen just received the report from Angelica Gjestrum. It only confirms the Gjestrum have told them. Roar Langaard am pleased statements to ITF coordinator. Anything that can help dockers is a good thing, and when Gjestrum plays the ball across to the Port, he said the responsibility is where it belongs.
- The problem is that it has only gotten worse with the new Port Authority. Although not under Stilluf Karlsen's time there was so much social dumping as now. Oslo Port is the only one who can do something about the situation, but the way it is now, the Port has become a convenience port, says Roar Langaard.
First in Europe

A convenience harbor, or POC (Port of Convenience), which is the international term often used is a harbor where the unloading and loading occurs without registered dockers. Leader of the Transport Workers Union, Lars Morten Johnsen, does not deny that if the Port continues as now, it is a violation of ILO 137 and thus an opportunity to declare the Port as a convenience port. Nevertheless he hopes it can be avoided.
- Initially, we try to get the city council and Port Authority to follow up the cooperation between councils parties and Red. Non-compliance will the Port become a haven that we believe will be covered by the POC concept. In case the Port become the first POC harbor in Europe, says Johnsen.

- Port of Oslo Do not Violate ILO Convention
Chairman Roger Schjerva of the Port is not aware That ships crews have Conducted unauthorized action docked in Oslo.
Roger Schjerva who is former politician for SV, took over as chairman of the Port by Bernt Stilluf Karlsen in 2016. Stilluf Karlsen was accused of union busting by trade unions with dockers and Transport Workers Union spearheaded. Many had high hopes for the new board who was appointed the new commissioner majority would rectify the situation of dockers, but the answers from the new chairman show that there still is a considerable gap in views on the situation on the Port.
- No violation of Kegums
He confirmed that after 18 February have been used except dockers from Oslo Jetty Workers Association to perform loading and unloading jobs, but that so far the Port knows, no one used the crew on board the vessels for operations outside the ship.
- Regarding the specific case concerning Kegums calls on 14 March 2017 received HAV notice from Oslo Dock Workers' Association that it could take place social dumping regard crews. When contacted port authorities Seamen's Federation. Neither they nor the ITF had oversight of the vessel. Seamen's Federation traveled therefore onto the quay and conducted supervision and underwent the necessary paperwork. They found no irregularities and the work was carried out in accordance with labor contracts. They found no reason to notify on to NMD, writes Schjerva in an email to Transportarbeideren. .
He asks, however, all to report to either the relevant Association or NMD about from if there is any illegal work or social dumping.
Refers to Holship case
Schjerva notes that since it has not been used crew for loading and unloading work, there has not been no violation of ILO Convention 137 by the Port. It also applies even if the port operators have not availed themselves of dockers in OBF.
- We are obviously concerned that the port is operated in accordance with applicable regulations, something that in our view also does. As stated by the Supreme Court decision in Holship case, it seems the purpose of ILO Convention 137 to be obtaining dockers overall labor and wage conditions, ref. its Article 2. Based on this ruling so cant regulations be construed as a necessary condition for stable conditions is that a group of workers shall have priority for loading and unloading work, he writes.
Excited ILO clarification
The chairman adds that the Port welcomes the International Labour Organisation, ILO, its assessment and decision on whether the organization of loading and unloading work in Norway meets ILO Convention 137.
- If the statement of the ILO would show that one in Oslo does not meet the current regulations so we must go for a thorough round at this and see how this can be resolved, says Schjerva.
He stressed, however, that such the Port assess the situation, there is no reason to claim that the port does not meet the cooperation agreement between the city council and Red party.
- We have no reason to believe that the actors in the harbor does not operate according to the ILO Convention and other guidance from the city government in the wake of the concluded agreement, concludes Roger Schjerva.
No Basis for POC


In Oslo City Hall sits Commissioner for industry and ownership, Geir Lippestad from Labor. He was A-celebrity when he defended Anders Behring Breivik, and his name was hotly debated as possible mayor of Labor. At dockers However stjerna his faded for every utterance he has made that they have perceived as a support to employers' vision. Also this time there is a great distance in reality understanding between Lippestad and brew sjau forwards, for Lippestad says to Transportarbeideren that the course is a prerequisite for the Port Authority that interaction with customers and contracts follows applicable laws and regulations.

- And so I know these are in line with the Supreme Court's interpretation of ILO 137. Therefore, I believe there are no grounds for declaring Oslo as a convenience port, but we must always be on guard against crime and social dumping; it is important that it be notified and conducted inspections of suspected, writes Geir Lippestad in an email.
- This they do not understand
Acting in Oslo Dock Workers Association, Roar Langaard is not impressed with the answers.
- This shows unfortunately that Roger Schjerva and Geir Lippestad not realize what this is about. The dock workers will also be responsible for unloading and loading on board the ships, not only on land. It's very strange that this is a problem only in Oslo. Both Moss, Drammen and Fredrikstad used the dockers on board the ships, and the report from the ITF inspector on board Karmsund he can nevertheless not disregard. There goes it clearly emerged that the crew not to unload and load ships, says Roar Langaard.
Clear Norwegian definition
Transport Workers' Federation chairman, Lars Morten Johnsen, says thatthere is no doubtthat dockers should have worked on board. He points out That the definition of both what a docker ice and what dockers two do, was enshrined in government reports to the ILO in 1976 and 1980 and That These definitions havebeen left UNCHANGED SINCE.
- The report from 1980 states thats a "port worker is a person WHO Normally has the job to Perform Work That is two trading cargo in port, both on board and on land, and that" harbor works include work Performed by one docker and mooring and bunkering of ships ", citing Johnsen from the report to the ILO.
He has now sent Angelica Gjestrum's report of the inspection on board the "Karmsund" to both Roger Schjerva and Geir Lippestad.
- The report CONFIRM what we have said. Namely, that crew illegal load and unload ships in Oslo under the seafarers' own collective agreements. It is the registered dockers will do the work, and the conditions are not met in Oslo harbor today. ILO Convention applier in the State of Norway, both in private and public ports, includingsuch Reviews those with exclusive right of use, and it is the state's duty two ENSURE this. That collective agreements scope is limited as a result of the October 8 judgment in the Labour Court and the Supreme Court concluded That the preferential right of the ILO 137 gift way to the EEA Agreement Establishing right, I can not see That Affect the situation in Oslo harbor, he says, and Admit That dockers That he is disappointed by the incumbent city council.
- It is 18 months since the city council was elected and there hasnt BEEN any improvement in the loading and unloading workers' conditions in the harbor. I hope That They are now entering the arena, follow the ILO 137 and ensur loading and unloading Agency rights under the Convention and That the remaining dockers get jobs, says Lars Morten Johnsen.
Bjørnar Moxnes: - Embarrassing and dramatic
Head of the Red party, B. Moxnes react strongly to the news that the crew load and unload ships in Oslo harbor.
- Contrary to ILO Convention we see ships being loaded and unloaded by the crew on board. This means that dockers lose their jobs they are entitled to do to seafarers who go on far lower wages. There is no other term for this than social dumping. This also means that it committed a breach of a binding international convention in Oslo harbor. It is very serious, he thunders.
He points out that Red's director of Port Authority, Silje Kjosbakken, have tried to raise the matter several times.
- But it seems incredible enough as if gravity has not yet dawned on the other parties, he noted.
Moxnes emphasizes that Red does not accept violation of the cooperation agreement the party has with the city council. It includes point up to that "These parties have agreed that Oslo will follow ILO Convention 137 '.

- This means that the sailor cabinet can not perform loading and unloading on board, and neither the judgment in the Labour Court or the Supreme Court changes this situation. The Board of Directors must now clean up this. I have discussed the matter with our director, and she has submitted a proposal that would ensure an end to social dumping in the Port. I expect that the coalition parties support the Red's suggestions. The whole point of replacing the Port Authority with Stilluf Karlsen at the helm, was to get a majority which supports the organized labor market, not a government that undermines it. An organized labor does not stand in the way of efficiency, but is a source of efficiency and fairness. We must stand together in the fight for collective agreements and against social dumping, and Labor must now show that they support us in this by voting for Kjosbakken proposal, saying Moxnes.

There will be no improvement in the harbor, he has a full understanding of the requirement from OBF to declare the Port as a convenience port.
- There will be dramatic if the Port is declared as a convenience harbor and embarrassing for the political majority in Oslo. Then Oslo harbor only convenience port in the world next to Mogadishu. In ports around us, Moss, Drammen and Fredrikstad, using the registered port workers for loading and unloading work, and it goes very well. I do not really why Oslo harbor will continue Stilluf Karlsen strategy for social dumping, which, furthermore, means that we break a binding international convention. What is needed now is to act, and it will not stop in Red, concludes Moxnes.

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