Støtteskriv fra Norsk flygelederforening

By 24. september 2026 Aktuelt

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

Statement of Support to two pending complaints

Your reference — / Our reference RG/EC-SR/26 Date 19.06.2026

This is a supportive letter in support of complaints 238/2024 (SMB Norge) and 263/2026

(FFFS), delivered independently by Norwegian Air Traffic Controllers Association (NATCA),

with individual rights to file complaints.

NATCA is both a professional association that works to inspire the development of the air

traffic controller profession and a trade union in the collective bargaining context. The

association has approximately 550 members which is close to 100% of all air traffic

controllers in Norway.

NATCA 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 effective, and that a legal framework which favours large trade unions

and makes smaller trade unions less effective may weaken that right.

 

NATCA 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 effectively in employment law

matters – not depended of the size of the association/union.

 

As a smaller, profession-based trade union, NATCA 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, and it does not cater for the real democratic rights

and the real freedom of speech.

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

gives large trade unions influence over the composition of the Labour Court. This may

contribute to weakening legal certainty for certain professional groups.

 

NATCA 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 effective 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 offer equivalent bargaining strength. NATCA shares this concern.

Norsk Flygelederforening, Dronning Eufemias gate 16, 0191 Oslo. Org. nr: 980 018 067.

office@natca.no www.natca.no

 

Working time rules 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 effect,

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 favours

larger trade unions, particularly LO. NATCA supports FFFS´ view on this point.

NATCA considers that such rules cannot be assessed in isolation as technical threshold

provisions. They must be assessed by reference to their overall effect on freedom of

association and general democratic rights. 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 effectively.

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 effective, employees may be indirectly pressured into joining

larger organizations. NATCA considers this to be a central point of the case.

NATCA 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 affiliation, 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.

 

NATCA considers it important that the European Committee of Social Rights assess both the

specific statutory provisions and the overall effect of these arrangements. Individual

provisions may appear neutral of technical when viewed separately, but collectively they may

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.

NATCA 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.

NATCA considers that the State must ensure that freedom of association under Article 5 of

the Revised European Social Charter is practical and effective 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.

NATCA 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.

Norsk Flygelederforening, Dronning Eufemias gate 16, 0191 Oslo.

Org. nr: 980 018 067. office@natca.no www.natca.noOn this basis, NATCA request that the conclusions of SMB Norge’s complaint (238/2024) and

FFFS´ (263/2026) complaint be upheld.

Yours sincerely

Robert Gjønnes / President / www.natca.no

Norsk Flygelederforening, Dronning Eufemias gate 16, 0191 Oslo. Org. nr: 980 018 067. office@natca.no www.natca.no