Disagreement on extended administrative employment in the State is to be resolved under the rules of the Basic Agreement

During the negotiations of new personnel rules in the police force, the Norwegian Police Union claimed that exceptions under section 7 of the State Employees Act from the provisions in sections 3 to 6 of the same Act could be laid down in the personnel rules only if agreed between the Police Directorate and affected civil servant unions. The Supreme Court found like the lower instances that the personnel rules must be negotiated and any dispute arising therefrom resolved under the rules of the Basic Agreement in the state sector, and that nothing suggested that the inclusion of an extended exception under section 7 subsection 2 should be handled any differently. References were made to preparatory works read in context and to the legislative history.  

Read the whole judgment (Norwegian only)

Area of law: Employment law

Key paragraphs: 50, 51 og 52.

Parties: The Norwegian Police Union (Counsel Kjersti Kristofersen Borgen) v. The State represented by the Ministry of Justice and Public Security (The Office of the Attorney General represented by Siri Kristin Kristiansen)

Justices: Indreberg, Normann, Ringnes, Bergh, Steinsvik