By-laws of Industri Energi 2014 – 2018
The statutes were adopted at the National Merger Congress 4 September 2006 and last revised on the trade union’s 2nd Annual National Congress 20-23 October 2014.
Chapter I – Union bylaws
§ 1 Scope
Industri Energi is affiliated to the Norwegian Confederation of Trade Unions, LO and is a nationwide association of wage earners.
- The scope of the trade union is within metallurgical, chemical, wood, oil and gas based industries and activities onshore and offshore, as well as related industries, trades and industries linked to these industries. Where it is not contrary to the organizational subdivisions established by LO, all individuals within the same company may be members of Industri Energi.
- The scope also includes:
– Workers in new related industries generated by social development and technological Development
– Workers in new trades, professions and industries created by the technological developments and are rooted in industries, trades and companies that are related to the union’s Scope
– Students and youth in training or education.
- The scope of the Union is not limited by corporate or enterprise company structure, ownership and the like.
- The Union is headquartered in Oslo.
- The Union has an office, for basically petroleum-related activities, in Stavanger. Least one of the Union’s leadership, leader excepted, is based in Stavanger.
- The National Executive decides who have power to commit the Union.
- The Union shall place their funds in bank deposits, bonds, stocks and / or mutual funds. Moreover, funds may be utilized to purchase real estate.
- All interest-bearing securities belonging to the Union will be managed through a bank or other credit institution or according to what the Union may determine.
- The National Executive must at all times ensure that the Union’s funds are invested in a way that they in case of need may be quickly realized.
§ 2 Object
Industri Energi shall always be free and independent, and with the object:
1.to unionize workers and promote their wages and working conditions
2.to work towards strengthening the welfare state, further development of the economic democracy, employee participation in working life and equitable sharing of social assets
3.to establish branches, local branches and Collective Agreements (Agreements)
4.to ensure freedom of expression, freedom to organize, rule of law and industrial democracy
5.to work to ensure freedom, solidarity and equality without regard to gender, sexual orientation, ethnicity, religion, beliefs or cultural attitudes
6.to provide allowance to members during approved conflicts with employers
7.to ensure members by collective insurance schemes
8.to work to improve rights and conditions for pupils, students and apprentices
9.to work for the best possible theoretical and practical vocational training, as well as a professional political training
10.to work for an improvement of the holiday arrangements, socially and economically, and improvement of the working environment legislation, as well as implementation of a better health-, safety- and environment at the workplaces, securing of full pay during sickness and securing and improving of the economic conditions for retired persons
11.to work to ensure that resources are utilized in the best possible rational way for the benefit of wage earners, for the country’s economy and for the society as a whole
12.to work to preserve a clean environment, both nationally and globally
13.to develop co-operation with trade unionists in other countries and participate in group professional cooperation, as well as provide funding for international solidarity work.
To reach these goals Industri Energi may cooperate with related organizations and other democratic forces in Norway and other countries. It is up to the Union themselves to decide whom they will work with in order to reach the Union’s adopted objectives.
The governing bodies of the Union may not provide financial support to political parties.
§ 3 Membership
1. The Union may establish branches in group of companies, in individual companies, at work places, within several companies as a whole and for several work places as a whole. In cases of doubt the National Executive will set the limits of the organizational area of the individual branches.
2. The branch is obliged to provide all information required by the National Executive.
3. When branches are divided into two sections, liabilities / assets are divided between the parties after negotiations between them. If agreement is not reached, the sharing is determined by a committee with one representative from each party and one neutral mediator.
4. Dissolved branches should submit their cash funds and assets to the Union.
5. No organization with sectional interest must be established with the intention to dissolve the regularly constituted and elected bodies of the trade Union, or that are in violation of the bylaws of the Norwegian Confederation of Trade Unions or the Union’s constitution or decisions made according to the bylaws.
6. All employees working under the scope of the Union and others who have work within the Union’s scope of operation and others covered by the provisions of § 1 and who accept the Norwegian Confederation of Trade Unions’ and the Union’s bylaws and resolutions adopted by the Confederation of Trade Unions and the Union’s various bodies may be members of the association.
Excluded from above:
– Employees who are affiliated or representing a political party or an organization that
has a Nazi, racist or fascist program or a related object
– Employees who have performed work covered by an approved labor dispute
– Employees who are excluded by unions affiliated to the Norwegian Confederation of
7. At places where the Union does not have any local branch, the member shall be admitted as a direct member of the Union. Under exceptional circumstances, however, in consultation with the local branch, direct members may be allowed in companies where the Union has established branches. In such cases, the member pays dues directly to the Union according to fixed rates. At a dispute whether a direct member may be admitted, the National Executive will decide.
8. The National Executive may in some cases provide an opportunity for associate membership in the Union. In such cases, associate members shall have the same rights as other members.
9. Membership, with the rights and obligations specified in the bylaws, applies from the time the enrollment form is completed with enrollment date in the Union or enrollment date in LO and signed by the member and / or confirmation by a shop steward is presented.
10. Members who owe dues for more than one quarter may be expelled from the Union.
11. A member is entitled to:
– Guidance and assistance in matters concerning wages and working conditions
– Legal assistance in matters concerning wages and working conditions following an
assessment by the Union in each individual case
– To meet at membership- and annual general meetings at their own local branch,
when a stipulated supervisory scheme for representation is not established.
– To be ensured through the prevailing common collective insurance scheme
– Assistance related to insurance matters and other schemes that is included by the
– To receive strike pay stipulated by the Union when the member is affected by
conflicts and conditions of the grant is met.
12. A resting membership may be granted for members to stay abroad for up to 3 years. The application is processed by the National Executive. Members who are granted membership rights shall pay a monthly minimum fee. During this period, the Union does not have liability beyond the collective insurance schemes.
13. Members with 40 years of continuous membership in LO are awarded the Confederation’s honors.
Members with 25 years of continuous membership in LO are awarded the honorary badge.
Members who have been awarded the 40-years Token of Honors or the 25-years Honorary Badge in other unions shall not be awarded these. Candidates must be members of the Union on the day the condition is met.
Members with 45 years of continuous membership in LO are honorary members of the Union. Others who have so deserved may be appointed as honorary members of the Union.
14. Members’ obligations:
1. A member is obliged to:
a. acquaint themselves with the union’s bylaws
b. to strengthen the organization in all aspects, cf. § 2
c. keep abreast of the union’s activities
d. behave collegiate facing workmates and turn down slander and un-collegiate
e. notify the union at the change of address, change of employer and any other
changes relevant to membership
f. participate in voting on proposals for new Collective Agreements.
2. Members who are transferred to Industri Energi from unions holding collective home insurance and basic insurance life, and who have reserved themselves from the scheme, may not recall the reservation. The member is obliged to submit this information at the transfer.
§ 4 Transfer of membership
1. Members may be reallocated from one branch within the union to another and from a union within the National Confederation of trade Unions to another. In such cases members must meet the conditions for transfer according to the bylaws of the National Confederation of Trade Unions.
2. Upon the transfer of a member from one branch to another or to another union, notice shall be submitted to the Union, and it is the Union conducting the transfer.
3. Members who are transferred from other LO unions to Industri Energi, and who otherwise meet the conditions for membership, have full membership rights from the first day.
4. Members who are employed by a company that falls under another union’s scope, shall within 2 months after employment arrange their transfer. If there are doubts whether the employment last longer, the member may apply to have the transition postponed.
§ 5 Governing bodies
Union’s governing bodies:
1. The National Congress
2. The National Council
3. The National Executive
4. The Work Council
§ 6 National Congress
1. The National Congress is the Union’s highest authority. A National Congress shall normally be held every 4 years at the place and time as determined by the National Council.
2. Time for National Congress shall be determined at least six months before it is held. Notification of date along with summons shall be submitted immediately to the branches together with a draft for provisional agenda for the National Congress.
3. The National Congress consists of up to 300 representatives in addition to the members of the National Council.
The branches’ right to representation is calculated by the number of members working and who pay annual dues at the time of call for the National Congress.
One representative to be elected per every commenced 170 members, however, a branch should have at least 50 members in order to be represented. If the number of representatives by above exceeds or falls below 270, the division number for more than one representative is increased / decreased in leaps of 10 in order that the figure comes closest possible to 270.
30 delegates are allocated between branches with fewer than 50 members. These are distributed between the Union’s Cooperation Committees in relation to the number of members working in branches with fewer than 50 members in each individual Committee.
Direct Members are not represented.
If there are major structural changes during the period so that the above representation scheme is obviously unreasonable, the National Council by a 2/3 majority may adopt a different key for calculation.
4. Proposals that are processed by the branches. – and intended to be recorded to the National Congress agenda – must be submitted to the Union at least 4 months prior to the Congress starts. Proposals submitted from branches to the National Congress and who are not substantiated, may not be included in the agenda of the Congress. The same applies to the proposals from direct members. The National Executive is obliged to submit the National Congress agenda to the branches at least 2 months before it starts.
5. The conditions for that a branch shall be entitled to representation at the National Congress is that it has been established at least one month prior to the Congress was called.
6. Eligible as representative is working members only within the union’s organizational scope and who has been organized in unions affiliated to the Confederation of Trade Unions in Norway at least 3 months before the election is held and otherwise have their membership in order. Unless otherwise provided in the Union’s approved bylaws, the following procedure is used:
a. Onshore based branches will hold meetings for members to discuss the National Congress agenda and then elect representatives to the National congress.
b. Offshore branches where it, due to the work situation, may not be possible to arrange member meetings with representative participation, will determine the election in the way that the club / local branches requests proposals for candidates within the stipulated deadline. Proposals, agenda and election material are then submitted to the individual’s home address. Members vote by filling in the voting slip and return it to the election committee / branch within a set deadline. Individuals who by this kind of voting get most votes is considered elected in the sequence of the number of votes implied. Deputies are those who then have received the most votes. By equality of votes the election is determined by the local Election Board by lot.
c. Other branches may apply to the National Executive to be given the opportunity to arrange the election pursuant to section b. above.
d. The National Executive determines the procedure for the election of delegates from branches with less than 50 members.
e. If special considerations applies, and the objective of a democratic election process is secured, the National Executive may grant exemption from the above paragraphs a, b, c and d.
7. Elections to the National Congress are made after the local branches are notified of the distribution of delegates. The proxies of the delegates must be submitted to the National Executive at least one month prior to the opening of the National Congress. The authorizations submitted are examined by a Credentials Committee elected by the National Executive. The committee presents its recommendation before the National Congress, which makes the final decision on the powers to be approved.
8. The National Council in full and the Audit Committee shall be present at the National Congress. Members of the National Council have the right to speak-, forward motions- and vote in all cases, they have not, however, right to vote at elections. The Control Committee has only rights to speak and forward motions.
9. The National Congress makes a decision on the final agenda and order of business.
10. At voting in the National Congress, each delegate has one vote. The cases are decided by a simple majority. In case of a tie vote, the proposal is rejected.
11. Employed National Secretaries attend the Congress with the right to speak and make motions.
12. The Union pays the stipulated allowance for delegates attending the National Congress.
13. Minutes of the National Congress will be made available to the local branches prior the first meeting of the National Council.
§ 7 Duties of the National Congress
The National Congress will:
1. consider and decide on all matters that are listed in the approved agenda, including the processing and comments on the financial statements related to the Congress period, annual reports and political annual reports. These should be taken into consideration.
2. elect Union’s full time official shop stewards, National Executive, National Council, Control Committee and members along with deputies to the Supervisory Board of the Norwegian Confederation of Trade Unions.
3. Eligible to positions within the Congress’s scope of authority is employed members within the scope of the Union.
At all elections a simple majority is required. If this is not achieved at the first ballot, tied-up election is carried out between the two that have achieved the highest number of votes. If these two are getting the same number of votes, a drawing of lots shall be carried out.
The Unions full time officials and head of the Control Committee are elected at separate elections.
When electing members to the National Executive shall as far as possible all sectors and districts be represented.
In the elections to the National Executive and the National Council the percentage of women shall at least reflect the number of women in the membership.
The groups with higher education and senior personnel should be represented in the National Executive. One of these must have higher education. The other must have, or have to come from a leading position.
If the employment of an elected member is terminated at a company, or the person moves to a new position outside the union’s organizational scope, the deputy member is promoted in his or her place.
If an elected member working at the company ceases, or the person moves to a new position outside the union’s organizational area, promoted deputy member in his or her place.
If termination of employment due to company close down / shutdown, the National Executive, based on a concrete assessment, may decide to extend the member’s term of office until the company / branch’s situation is clarified, however, a maximum of 2 years apply.
If the employment relationship is terminated for a limited period the National Executive only may decide that the person is laid off from office. If so, the deputy is promoted during the time of absence.
4. Make changes to the Union’s bylaws. Bench-motions on amendments to the bylaws may not be considered at the Congress without being related to a motion that is put forward in the usual manner
5. settle any controversy between the National Executive and the National Council, between these and the affiliated branches or between branches internally, if not the bylaws provide otherwise
6. make final decisions in cases concerning exclusion and suspension
7. determine on membership fee payable to the Union.
§ 8 Extraordinary National Congress
1. An Extraordinary National Congress may in exceptional circumstances be convened by the National Council. The National Executive is obliged to do the same if at least half of the members of the Union so require.
2. An Extraordinary National Congress should be convened with at least a 15 day notice and can only deal with matters that were the reason for the summons.
3. If time allows delegates to the Extraordinary Congress is elected in the same manner as provided in § 6. If this is not possible, the number of delegates from the branch should be determined by the recent member list, and the Board of the branch, may if necessary, select the representatives.
The National Council, or the National Executive if this is the body responsible for the summons, will decide the arrangement to be used for each branch. The National Council shall decide with binding effect which method to be used.
§ 9 The National Council
1. The National Council is the highest authority of the Union when the Congress is not in session. It makes decisions on all matters that are not settled by the National Congress.
2. The National Council consists of 54 members.
Additionally, the following meets with speech and the power of proposal:
a. deputies and permanent observers to the National Executive
b. the two employee representatives on the National Executive
c. Control Committee
d. the union’s members of the Supervisory Board of the Confederation of Trade
e. employed National Secretaries
f. necessary administrative support
3. summons together with provisional agenda shall be sent out at least one month prior to the meeting, relevant papers shall be distributed at least two weeks before the Meeting.
4. The National Council meets as often as the National Executive deems it necessary and at least twice a year.
5. The meetings of the National Executive are headed by the Leader of the union. Upon tie vote the leader has the casting vote. To form a quorum, at least 1/3 of the members must be present.
§ 10 The National Council - Scope of authority
The National Council will:
1. within the end of June examine and approve the accounts of the previous year, reports of activity and political annual report. The report of the Control committee and the auditors’ report for the financial year shall be taken into consideration
2. consider and approve the budget and working plan
3. process and adopt general guidelines for the union’s tariff policy pursuant to § 1
4. elect the union’s standing committees
5. hold by-elections for the current part of the Congress period if any of the shop stewards have resigned
6. consider and resolve on exclusion / suspension. The National Council may also in the first instance make decisions on exclusion / suspension in similar circumstances as specified in § 28
7. process all cases that have been appealed by members of the National Executive
8. govern and set the union’s membership fees pursuant to § 20
9. Consider any other matters listed in the agenda
10. appoint a Preparatory Nomination Committee prior to the National Congress.
§ 11 National Executive
1. The National Executive consists of:
b. 2 deputy leaders
c. 3 area managers
d. 14 board members
e. 4 deputies
2. The leaders of the union’s Youth Committee and Student Council attend with speech and power of proposal. At executive leader’s absence the deputy will meet.
3. Two representatives of the employees always attend meetings of the National Executive with right of speech and power of proposal. However, these two have no voting rights.
4. At the National Executive Board meetings, members have an obligation to attend. If a member fails to meet at three consecutive meetings without an approved report of absence, the member shall be excluded from the National Executive and the first alternate is promoted as a permanent member.
5. The National Executive meets when the leader or at least two members requesting. The National Executive will meet as often as caseload requires, but at least 8 times per year.
6. The meetings of the National Executive are headed by the Union’s leader. Upon tie vote the Leader has the casting vote. To be a quorum at least 1/3 of the members must be present
7. If there are different opinions in National Executive Board, the minority has the right to appeal the following matters to the National Council:
a. exclusion / suspension of members and shop stewards
b. the application of the union’s funds
c. imposition of additional union fees
d. Interpretation of bylaws.
e. dispute between the branches
§ 12 National Executive - area of authority
The National Executive will:
1. direct the union’s activities in accordance with the statutes, decisions of the Congress and the National Council
2. submit annual accounts, activity report and the professional political annual report for the previous year, and in ample time so that this may be considered and decided by the National Council latest within the end of June. Annual accounts and activity report must be signed by all of the members of the National Executive holding voting rights. If an individual who will sign objections to the annual accounts or the Union’s report, the individual will sign with competent endorsed reservation and submit further details in the annual report
3. managing the federation’s funds in accordance with § 17 Financial Management and make allocations that are not adopted by the Congress or the National Council
4. approval of the revised budget
5. suggest the size the union’s membership fees to the National Executive pursuant to § 20.4
6. impose extra dues for members who are not in conflict, and alter the rates in accordance with § 26.1
7. direct the tariff policy so that it is consistent with the Union’s and the National Confederation of Trade Unions’ purposes and the at all times approved guidelines
8. monitor developments in the labor market and in business and industry
9. convene the National Council and the National Congress and prepare the matters to be discussed there
10 appoint / dismiss National Secretaries / Executive Officers and determine wages and working conditions for these
11. be responsible employer of the Union’s employees and ensure that wage- and salary conditions are established and to ensure that the laws and regulations applicable in the labor market for the employees are implemented
12. ensure that branches and members follow the guidelines drawn up for the Union’s activities
13. provide instructions on how the branches will report all matters that are necessary to keep the union’s membership list updated with correct information
14. determine what issues are of fundamental importance and should be submitted to the branches for processing before final decisions are made by the bodies that have final authority
15. settle any internal controversial issues in the branches if the bylaws do not provide another method of treatment
16. approve the bylaws of the local branches
17. process applications for grants from branches with 3 or more local branches pursuant to provisions adopted by the National Executive
18. appoint a Nomination Committee in the period of the National Congress to hold by-elections for resigned shop stewards during the period. The appointment to be presented to the National Council
19. propose a Preparatory Nomination Committee to the National Council prior to the National Congress
20. propose members to the Confederation of Trade Unions and chair the election
21. settling disputes regarding the interpretation of the union’s bylaws
22. suspend / exclude in accordance with the provisions of § 28
§ 13 Work Council
Work Council consists of:
– deputy leaders
– elected area managers
§ 14 Work Council - area of authority
1. The Work Council is responsible in the everyday management of the union’s accounts and finances, and that this activity takes place in accordance with the provisions on generally accepted accounting principles and according to the decisions of the National Executive.
2. The Work Council shall submit recommendations on matters to be considered by the National Executive and make decisions on matters the National Executive has mandated.
3. Minutes of the meetings at the Work Council shall be submitted to the National Executive in the next meeting of the National Executive. Documents processed by the Work Council shall be available to the members of the National Executive.
4. In cases where the Work Council makes recommendations, both the majority and the minority views shall follow the case.
5. In cases where there is disagreement in the Work Council, the National Executive shall decide on the issue.
6. The Work Council may make a decision in the following cases when they individually are not inflicting associated expenses on the union beyond a sum adopted by the National Executive:
a. application for support from various groups and organizations
b. purchasing for Industri Energi
c. cases requiring speedy decisions to prevent associated inflicted loss or damage, or when important interests so demands.
7. In cases where the Work Council based on this authorization has made decisions, cf. section 6, the decision is to be regarded as a decision made by the National Executive.
§ 15 Duties of shop stewards
1. The Leader is the union’s highest representative. The Leader shall convene and chair the meetings of the National Executive and the National Council. Further, the Leader is obliged to ensure that the union’s activities are always in accordance with the bylaws and resolutions.
The Leader represents the union unless otherwise specified.
2. Deputy leader functions at leader’s absence.
§ 16 Cooperation Committees
The union has Cooperation Committees. The National Executive establishes guidelines for these.
§ 17 Financial Management
1. Among them the Union Leader, Deputy Leader and Chief Financial Officer, two of these jointly will commit the Union. The National Executive may decide otherwise for a limited time.
2. The Union should acquire a financial preparedness that covers payment of conflict benefit for four weeks by own means.
3. The Union shall position the funds necessary to cover the payment of conflict benefit for four weeks as bank deposits and securities with low risk.
4. The funds owned by the Union beyond what is necessary to cover the payment of conflict benefit for four weeks, to be placed in accordance with the guidelines that the National Executive decide on for placement of the union’s funds. In these guidelines it shall, inter alia be emphasized on the union’s strategic interest and the guidelines will be drawn up under the assumption that the Union will invest the capital long term.
§ 18 Auditing
1. Revision of the accounts of the Union shall be performed by a certified public accountant. Auditors may also be chosen from an audit firm of certified public accountants.
2. To the extent required by generally accepted accounting principles, the auditor shall audit the accounts and annual reports. Auditors must follow the instructions and orders given by the Union’s bodies, provided they are not contrary to the laws, statutes or good auditing practice.
3. The auditor or his delegate has an obligation to be present at the National Congress for the auditing of accounts.
§ 19 The Control Committee
1. The Control Committee is the controlling body of the National Congress during the election period.
2. The Control Committee consists of 4 members and 2 deputies
3. The Control Committee shall follow the current “normal procedure for control committees» that have been prepared by the Confederation of Trade Unions
4. The Control Committee shall once every six months submit a report on its work to the National Executive.
5. The Control Committee participates at the National Congress and the meetings of the National Executive. One of the members of the Control Committee participates at the meetings of the National Executive with the right of speech and power of proposal on matters relating to the Control Committee’s responsibility.
§ 20 Membership fee
1. Funds for the union’s purposes are provided by its members to pay the membership fee that at any given time is determined by National Congress.
2. The union pays to the Confederation of Trade Unions and other organization to which it is affiliated, the amount by which these organizations at any time have stipulated.
3. Each member pays dues to the union and the local branch for 12 months per year.
Where there is a Collective Agreement an agreement on deduction of union dues should be made applicable, cf. The Basic Agreements.
When sick pay is provided by the Norwegian Labour and Welfare Organization, union dues are deducted pursuant to the current agreement by 1 July 1978 between the Confederation of Trade Unions and the National Insurance Administration. The amount exceeding the maximum limit of the Union, will be paid in arrears to the member.
4. For those who have salary deductions at the company the dues are determined as a percentage and is calculated by gross profit, i.e column 111-A in the annual wages and tax deduction summary.
A due of 1.3% is paid per month (with a ceiling set by the National Council) to the union. Legal Assistance Insurance is paid additionally. In companies where appropriate, this union due may be collected as a whole, then as 1,47% with a ceiling set by the National Council.
Additionally, dues of 0,25% is payable to the local branch. The local branch may adopt higher or lower dues, for example by introduction of a ceiling.
Membership fee ceilings are adjusted at 1 January each year in line with the consumer price index for the previous 12-month period.
The National Council may adjust the ceilings of the dues further in order to secure coverage of changes in premiums for insurance schemes beyond the consumer price index on insurances that is covered by the membership dues.
5. Direct members pay a fixed amount in NOK per month for dues. The dues shall maximum comprise the ceiling of the dues levied the value of the local fee balanced on an income equal to the basis of calculation for the ceiling. It may be graded downwards based on income classes determined by the National Council.
6. Not working members not granted an exemption of the dues, pay minimum dues. This corresponds to 45% of the ceiling of the dues.
7. For members living outside the Nordic region membership dues is reduced by an amount corresponding to the cost of the collective home insurance.
8. Where agreements are entered on associated membership, it may be agreed on a separately scheme on membership fee.
9. Pupils, apprentices and students pay a membership fee as determined by the National Council.
10. Members called up for compulsory military service and members in conflict, are exempted from dues.
11. Members who turns 70 year, is granted the opportunity to denounce the Legal Assistance Insurance from the month they turn 70.
12. Anyone who is a member of Industri Energi at the age of 75, is exempted from the portion of the minimum membership dues that covers Collective Home Insurance and Basic Life Insurance.
All former members who were granted free membership in the former unions prior to 31.12.2010, maintains this in IndustriEnergi
13. The membership dues are allocated as follows:
Union Treasury 97%
Union’s International Solidarity Fund 3%
The union’s International Solidarity Fund grants funds for use internationally, as well as covering dues to foreign organizations in which the union is an associated member.
14. Extraordinary dues may be imposed by the National Congress, the National Council and The National Executive.
§ 21 Payment of dues and reporting on membership
1. In accordance with the Basic Agreements and the provisions on the Collective Agreements the employer will carry out deduction of dues.
2. The branch shall by using list of members, ensure that dues are deducted in accordance with the provisions of the bylaws, and pursuant to current Agreements.
If the employer does not make the deductions correctly, the Union shall be notified promptly.
For branches that have reduced opportunities for internal control the Union will ensure this task.
3. The National Executive instructs how the branches should report enrollments, withdrawals and all matters that are necessary to keep the union’s membership record abreast with correct information.
§ 22 Union dues back log
1. To be entitled to benefits from the union’s funds / capital, union dues must not remain unpaid for any longer than one month.
2. Anyone who owes dues for more than a quarter may be deleted.
§ 23 Wage claims
1. When the National Executive presents claims for revision of the Collective Agreements or the establishment of a Collective Agreement, the claim should be approved by the Secretariat of the Confederation of Trade Unions in advance.
2. The National Executive appoints the negotiating committees
3. If a revision of a Collective Agreement involves several unions or scope of agreements, the Union has an obligation to entrust the management of the negotiations to a negotiation committee in accordance with the bylaws of the Norwegian Confederation of Trade Unions.
4. If the negotiations or mediation is not successful, and the union will initiate work stoppage, approval must be obtained from the Secretariat of the Confederation of Trade Unions.
5. Collective dismissal may be submitted when the Secretariat of the Confederation of Trade Unions has given approval.
6. Notice of collective dismissals and implementation of industrial action is carried through pursuant to established guidelines.
7. The local Branch submits proposals for revision of the Collective Agreements to the Union. The National Executive decides on the final claims.
§ 24 Vote on a proposed Collective Agreements
1. a proposed agreement shall be submitted to the members encompassed by the dispute of interest. This does not change the National Executive’s right to lead and conclude negotiations.
2. If a majority of the members encompassed by the dispute of interest have voted in favor the proposal is adopted. If a majority has voted against, it is discarded.
3. If the condition in paragraph 2 is not fulfilled, the referendum is not binding unless 2/3 or more of the members involved in the dispute of interest have participated in the voting.
4. If less than 2/3 taken part in the referendum and the conditions under clause 3 is not met, the National Executive will submit notice of the result of the referendum along with recommendations to the Secretariat of the Confederation of Trade Unions whether the proposal should be adopted or rejected.
5. Vote over a Collective Agreement shall in other respects follow the provisions of the Basic Agreements and the union’s bylaws and established guidelines.
6. If a tariff revision also includes other unions, the ratio will be as provided in the bylaws of the Confederation of Trade Unions.
Voting over collective agreements may also be implemented by the Union by ballot pursuant to the model provisions prepared by the Confederation of Trade Unions.
§ 25 Conflict
1. After consent to implement industrial actions are obtained (cf. § 23.4) or lockout is notified, all branches and clubs that are affected by the work stoppage shall establish a strike- or lockout committee. The branch or the union will distribute the conflict benefit and exercise the control required during the stoppage.
2. As long as the work stoppage lasts, no one must take up employment in companies affected by the industrial action or in companies where it is proclaimed unconditional sympathy action. Whoever violates this provision is a blockade- or strikebreaker. Notification of this will be sent immediately to the National Executive. The National Executive will decide in each case whether the names of strike- or blockade breakers shall be published.
3. If the members take on other employment, they must give notice to the local branch. As long as members have such work, the allowance during the stoppage falls away.
4. Only members who are affected by the dispute of interest are entitled to vote on the question of implementation, termination or continuation an industrial action.
5. No organized worker must seek employment after completing a legal strike or lockout until all members who participated in the work stoppage, have regained their positions, whether or not the National Executive finds reason to make an exception. Whoever takes on employment contrary to this, is affected by the provisions of paragraph 2 above.
§ 26 Benefits during conflict
1. When conflict is initiated pursuant to these bylaws, the members who lose income due to the conflict, is entitled to a benefit of NOK 78, – per lost working hour (wage settlement 2010). Shift workers and offshore workers will not be affected in terms of the provisions.
Laid off members covered by the settlement, will after having sought unemployment benefits through the local Norwegian Labour and Welfare Organization and been rejected, will receive strike support on an equal footing with members in conflict.
Members who without valid reason fail to attend from strike guard / other tasks during an industrial action, will lose the right to strike benefits.
The National Executive may alter the rates during the period.
2. To be eligible for benefits, the individual member must have been affiliated with LO at least 2 months before the conflict breaks out.
In places where the union does not have a branch, and where the workers jointly organize themselves, the National Executive may waive the provision for at least 2 months of affiliation.
The prerequisite for all payment of benefits is that the member relationship is in order according to the bylaws.
Members covered by the collective agreement, and who are organized at the time of collective dismissal takes place, and due to the conflict resign membership, are strike breakers and loses the right to strike contribution.
3. Members who are sick when the conflict is initiated, are entitled to benefits from the day they are recovered and by submitting a medical certificate. Members who are drafted for military service at the time the conflict was instigated will receive financial assistance from the day they are demobilized.
4. The branches submit fully revised accounting over payments the conflict has brought about within 1 month after the conflict is terminated.
§ 27 Referendum
1. The National Executive may decide a referendum on important issues.
2. The ballot may be held among all or among specific branches or clubs.
3. The voting shall be secret and arranged so that all members may vote.
4. The case is decided by a simple majority.
5. The branch sends the results to the National Executive in a sealed envelope after counting has been made. The branch will store ballot papers in a sealed envelope for one year after the referendum.
6. The Board of the Branch or Polling Committee is bound to secrecy with regard to the outcome of the voting.
7. Direct Members directly affiliated to the Union, cast their vote to the union.
§ 28 Exclusion of members
The National Executive may suspend or exclude members who overturn the Confederation of trade Unions’ or the Union’s bylaws or decisions made legally according to the bylaws, or acting in a manner that is likely to harm or undermine the confidence in the trade unions or the elected representatives.
The National Executive may, under the same circumstances suspend shop stewards and Members of the Board within the Union or its branches from their elected positions.
Whoever the suspension or exclusion applies to, shall be notified about the meeting where the issue will be discussed, so that the member is given the opportunity to clarify his views on the matter before a decision is made.
Suspension or exclusion as mentioned above, may be appealed to the National Executive for final decision. Notice of appeal must be presented within two months after notification has been received by the member about the National Executive’s decision has been made. The decision of the National Executive may be implemented without regard to whether the decision is appealed.
§ 29 Bylaws entry into force, interpretation and settlement of disputes
1. The bylaws were first adopted at the Union’s founding congress on 4 September 2006 and entered into force on the same date. They were most recently revised at the National Congress 20-23 October 2010.
2. The statutes may only be altered by the National Congress by a simple majority. However, a 2/3 majority is required to change the provisions of §§ 1 and 2.
3. Interpretation of these bylaws and disputes about how they should be understood, may not be tried by the civil courts. They are decided by the National Executive with the right to app.