A historic verdict
Monday November 6, the Labor Court of Norway presented its verdict in the case between the employer Organization Spekter and the labor union AkademikerneHelse (Academics health).
The conflicts focal point was whether the National Wages Board can force hospital doctors to work with major exceptions from workinghour regulations.
The Labor Court states that the National Wages Board cannot furtherthese agreements without approval from the trade union.
"This has been a struggle for co-determination and our right to withdraw the widest exceptions from the law in Norwegian working life. This verdict is very important - not only for us, but for the entire organized working life, "says Rune Frøyland, lead negotiator for the Academics health.
The verdict implies that the set agreement for the period 2016 to 2018 between Spekter and AkademikerneHelse, which was continued by the National Wages Board, is nullified. The earlier agreement from 2014 is valid until the case has been processed again by the board.
"The board cannot force medical doctors to work far beyond the boundary of the law, against our will," says Marit Hermansen, president of The Norwegian Medical Association.
- Victory for the "Norwegian model"
"We must have real negotiations concerning working hours and avoid entire groups being locked in agreements against their will. The verdict is a victory for the "Norwegian model", says the leader of Akademikerne, Kari Sollien.
The Labour Court of Norway, established in 1915, is a specialcourt for resolvinglabourdisputes.
The courtdealswithdisputesconcerningtheinterpretation, validity and existenceofcollectiveagreements, cases ofbreachofcollectiveagreements and thepeaceobligation and cases ofclaims for damagesarising from suchbreaches and unlawfulindustrial action. The Labour Court has territorial jurisdiction over thewhole country and is thehighestcourt in itsdomain.
The National Wages Board (relating to wage committees in labour disputes) is in principle intended for voluntary arbitration. The parties may refer to the National Wages Board a dispute on wages and labour conditions which is not covered by a collective agreement. The Board’s decision has the same effect as a collective agreement. Arbitration is a method of dispute settlement, where normally the parties to the dispute voluntarily refer the dispute to be solved by one or several persons. Their decision is binding for all parties. The panel deals with interest litigation that the social partners voluntarily bring to a decision and disputes adopted by the legislature must be resolved by a compulsory salary committee.