To: The European Committee of Social Rights
Department of Social Rights
Directorate General Human Rights and Rule of Law,
Council of Europe
F-67075 Strasbourg Cedex
E-mail: DGF-ESC-Collective-Complaints@coe.int DATE: 10. Sept. 2026
From: Norsk Flyteknikerorganisasjon
Dronning Eufemias gate 16, Oslo, Norway
oRice@natca.no
AMICUS CURIE
1 Statement of Support to two pending complaints
This is a supportive letter in support of complaints 238/2024 (SMB Norge) and 263/2026
(FFFS), delivered independently by Norsk Flyteknikerorganisasjon, with individual rights to file
complaints.
Norsk Flyteknikerorganisasjon is both a professional association that works to foster
understanding and cohesion among members, promote positive cooperation, and strengthen
mutual trust between the union and employers and a trade union in the collective bargaining
context. The association has approximately 600 members.
Norsk Flyteknikerorganisasjon refers to the complaint submitted by Fellesforbundet for
Sjøfolk, FFFS, to the European Committee of Social Rights concerning an alleged violation of
Article 5 of the Revised European Social Charter. FFFS has submitted the complaint as an
independent trade union in Norway, and the complaint has been submitted as a separate
complaint in support of complaint no. 238/2024 from SMB Norge concerning the same
matter.In our view, the case raises important questions of principle concerning freedom of
association, equal treatment unions, and the genuine ability of smaller trade unions to
safeguard their members´ interests. FFFS argues that freedom of association under Article 5
must be practical and eRective, and that a legal framework which favors large trade unions
and makes smaller trade unions less eRective may weaken that right.
Norsk Flyteknikerorganisasjon shares this view. Freedom of association should not merely
protect the right to establish and join a trade union in a formal sense. It must also protect
employees´ genuine ability to choose a trade union that can in fact represent them eRectively
in employment law matters.
As a smaller, profession-based trade union, Norsk Flyteknikerorganisasjon is particularly
concerned that employees should be able to organize on the basis of their own professional,
occupational and democratic preferences. For employees in specialized professions, it may
be essential to have a trade union that understands the particular responsibilities, working
methods, safety requirements and professional challenges of the profession. If legislation
grants large confederation special rights that smaller trade unions cannot obtain, this may
weaken the value of such free choice of association.
In its complaint, FFFS points, among other things, to rules under which rights are linked to
trade unions with at least 10 000 members. FFFS refers among other things, to section 39 of
the Labour Disputes Act, which according to the complaint only gives trade unions with at
least 10 000 members the right to propose judges to the Labour Court. FFFS further argues
that FFFS, with approximately 1 500 members, is thereby excluded, and that the threshold
give large trade unions influence over the composition of the Labour Court.
Norsk Flyteknikerorganisasjon considers that such thresholds and arrangements should be
carefully assessed against the right to freedom of association. Where rights and institutional
influence are linked to membership thresholds that smaller and profession-based trade
unions cannot meet in practice, this may create an employment lay system in which smaller
trade unions become less eRective than others, not because of the members´ free choice,
but because of statutory advantages.As FFFS points out, section 10-12 of the Working Environment Act only permits trade unions
with nomination rights, meaning at least 10 000 members, to enter into agreements that
derogate from the statutory rules on working time. FFFS argues that this creates a structural
incentive for both employees and employers to prefer large trade unions, because smaller
trade unions cannot oRer equivalent bargaining strength. Norsk Flyteknikerorganisasjon
shares this concern.
Working time riles can be of great practical importance to employees and undertakings.
Where only trade unions above a certain size may enter into certain types of agreements,
employers may have a practical incentive to prefer larger organizations. Employees may
likewise experience that membership of a smaller trade union gives weaker practical eRect,
even if the smaller trade union is otherwise the organization that best safeguards their
occupational and professional interests.
As FFFs also points out, it follows from section 14-12 of the Working Environment Act that
agreements concerning hiring from temporary-work agencies are reserved for trade unions
with at least 10 000 members. FFFS argues that smaller trade unions are therefore excluded
from this regulatory framework, and that this reinforces unequal treatment and favors larger
trade unions, particularly LO. Norsk Flyteknikerorganisasjon supports FFFS´ view on this
point.
Norsk Flyteknikerorganisasjon considers that such rules cannot be assessed in isolation as
technical threshold provisions. They must be assessed by reference to their overall eRect on
freedom of association. If legislation makes it more advantageous for employers and
employees to deal with large trade unions, this may in practice weaken smaller trade unions´
ability to grow, recruit members and represent employees eRectively.
FFFS also refers to the fact that Article 5 protects both positive freedom of association,
meaning the right to join a trade union, and negative freedom of association, meaning the
right not to join a particular trade union. FFFS argues that if legal structures make certain
trade unions substantially less eRective, employees may be indirectly pressured into joining
larger organizations. Norsk Flyteknikerorganisasjon considers this to be a central point of the
case.Norsk Flyteknikerorganisasjon is particularly concerned that freedom of association must be
real. An employee should not have to choose a trade union on the basis of which organization
the State has granted the most practical rights. The employee should be able to choose an
organization on the basis of trust, professional aRiliation, occupational community, political
independence and democratic conviction.
FFFS further argues that the disputed legal framework must be assessed in light of a broader
institutional context in which LO enjoys privileged political access. FFFS argues that the main
basis for the complaint is structural preferential treatment of LO, which is described in the
complaint as an organization to the Labour Party. FFFS also refers to regular meetings
between LO and the Labour Party through the LO-AP Cooperation Committee.
Norsk Flyteknikerorganisasjon considers it important that the European Committee of Social
Rights assess both the specific statutory provisions and the overall eRect of these
arrangements. Individual provisions may appear neutral of technical when viewed separately,
but collectively they way contribute to giving large trade unions a special position with which
smaller and independent trade unions cannot compete on equal terms.
This is particularly important for smaller, independent and profession-based trade unions.
Such trade unions may be of great importance to their members, even if their membership
numbers cannot be compared with those of the largest confederations. The significance of a
trade union should not be measured only by numbers of its members, but also by its ability to
represent a particular occupational group, safeguard its members´ interests and participate
in a diverse and democratic working life.
Norsk Flyteknikerorganisasjon therefore supports FFFS´ view that a system which grants large
trade unions special rights and gives smaller trade unions a weaker legal position may restrict
employees´ genuine free choice of trade union. This applies particularly where the rights
reserved for large trade unions concern central employment law issues such as working time,
hiring-in, representation and influence in employment law institutions.
Norsk Flyteknikerorganisasjon considers that the State must ensure that freedom of
association under Article 5 of the Revised European Social Charter is practical and eRective
for all employees and all trade unions, not only the largest organizations. If smaller trade
unions may formally exist, but in practice do not have access to key rights and instruments,freedom of association may become illusory for those employees who wish to organize
outside the largest confederations.
Norsk Flyteknikerorganisasjon supports FFFS´ request that the European Committee of
Social Rights conclude that Norway is in breach of Article 5 of the Revised European Social
Charter by granting Landsorganisasjonen I Norge, LO, preferential treatment in Norwegian
legislation and in Norwegian courts.
On this basis, Norsk Flyteknikerorganisasjon request that the conclusions of SMB Norge’s
complaint (238/2024) and FFFS´ (263/2026) complaint be upheld.
Yours sincerely
Jan Skogseth
President
Norsk Flyteknikerorganisasjonlig
