By-laws

FOR MAERSK EMPLOYEES ASSOCIATION. NOPEF Branch 184.

Unofficial translation – The wording in Norwegian is legal basis at divergency on understanding of the regulations.
Dated January 13, 1995 
With changes of: 
May 1, 1995, March 9, 1996, February 2, 1997, February 8, 1998, February 22, 1999, February 6, 2000, January 28, 2001, January 31, 2003, February 11, 2004, February 3, 2006, February 3, 2008 and February 10, 2018.  
 
Chapter 1: Organizational affiliation
1. The Association is affiliated with Industri Energi (IE), hereinafter referred to as the Federation, and is subject to the Federation’s articles of association. 
2. The Association is politically independent and may not allocate money to political parties.

Chapter 2: Objectives
1. Work to organize everyone who is employed in the Maersk Group in Norway in the Association.   
2. Work to establish agreements and arrangements concerning the members' wages and working conditions 
3. Protect and promote the members' economic, professional, cultural and environmental interests, as well as processing issues, problems and complaints brought before the Board of the Association by the members or their shop stewards.   
4. Maintain and promote cooperation with other local branches and federations when this is considered appropriate
5. Assist the members or their bereaved concernin insurance or other benefit schemes related to membership or employment.   
6. Work for the implementation of corporate democracy and real employee participation and influence for the employees in the Maersk Groups’ governing bodies.  
7. Work against discrimination at the workplace and in the Maersk Group in general.
8. Promote studies and information work among the members.  
9. Work to create and/or strengthen welfare arrangements in the Maersk Group.  
10. Participate in councils, committees, boards, etc. in the Maersk Group to the extent this is regarded appropriate.   
11. Work to ensure that shop stewards and safety representatives have the best working conditions for carrying out their duties, by entering into agreements with this objective within the Maersk Group.   

Chapter 3: Membership
1. All employees in the Maersk Group may become members of the Association.
2. All members are obliged to accept the by-laws of the Association.
3. Disputes over the right to become a member, or whether the continued right to be a member is decided by the Board of the Association.
Such a decision may be appealed to the National Federation. 
4. The enrolled person has full membership rights in the Association when the membership fee is deducted from salary or paid-up.
5. Membership ends when the member quits the Maersk Group unless otherwise agreed with the Board of the Association or the National Federation. 
6. Members who retire from active service and are transferred to social security or pension, retain their rights, but do not have the right to vote in elections to the local shop steward committee. 
 
 Chapter 4: Labor union dues
1. The membership fee to the National Federation and the Association is determined by the National Federation, and deducted from salary.
2. The Board of the Association may, for a limited space of time, impose a special membership fee as required. Such a decision shall be duly made known to the members before it may be implemented.  
3. Temporary staff pay the full membership fee for the time they are employed, and then transferred to be pending members.
They are then personally responsible for maintaining their insurances, in collaboration with the National Federation.

Chapter 5: The shop stewards' structure 
1. At each facility or workplace where the Association has members in permanent employment, a site shop steward and a deputy shop steward shall be elected for every 15th member, however at least 3. Such shop stewards are elected for a 2-year period and they will be considered shop stewards until notice is given that new elections have taken place. Those who are elected must be members of the Association and be permanently employed within the Maersk group.  
2. The site shop stewards at a workplace or facility elect from among themselves a Chief Employee Representative for the workplace or facility.
The Chief Employee Representative is responsible towards the Working Committee of the Association for ensuring that elections are arranged at the workplace or facility when a shop steward resigns or changes workplace. 
Further, the Chief Employee Representative is also, in collaboration with the Working Committee of the Association, responsible for ensuring that the elections at the workplace or facility are organized among the various groups of employees or shifts in such a way that there always are site shop stewards on board or at work at the workplace.
3. Elections shall be made in writing if one member so requires.
4. If no election is held for a group of members as required, the Working Committee of the Association will appoint a site shop steward and deputy shop steward for the group.
5. If at least half of the members of a group so request in writing, new elections shall be arranged.
6. The site shop steward or his / her deputy site shop steward is the spokesperson for the members of their group and is their delegate to the Annual General Meetings and shop steward conferences of the Association.

Chapter 6: Board of local trade union
1. The Association is led by a board consisting of 12 board members and 2 deputies elected by referendum among the members of the Association. 
In board meetings, the 12 board members meet with the right to speak, power of proposal and vote.
The deputies are entitled to attend and have the right to speak and power of proposal.
If board members are absent from the board meeting, the deputies are given the right to vote according to their mutual ranking according to the election results, so that if one board member is absent, the 1st deputy is given the right to vote. The 1st and 2nd deputies are given the right to vote if two board members are absent.
2. The Board of the Association constitutes itself, and elects a leader, deputy leaders, secretary and finance responsible.
The Board may further establish working groups or elect special shop stewards, such as Studies Shop Steward and Insurance Shop Steward, as needed.
The leader, deputy leaders and secretary make up the Working Committee of the Association and represent the Association towards the company. The Board may pass instructions to the Working Committee and / or Finance responsible. The day-to-day operation of the association is headed, in accordance with any directives given by the Board, by the Working Committee or others appointed by the Board from among its members and / or deputies.
3. The Board of the Association forms a quorum when at least half of the board members are present.
4. All matters are decided by a majority of votes. In the event of a tie, the matter is decided by the Leader or the deputy.
In the event of a tie among the board members in connection with the constitution, the Board may vote again.In the event of a continued tie, it is the responsibility of the Board to find a suitable solution.
5. The board is obliged to manage the Association in accordance with current by-laws of association and the directives passed by the Annual General Meeting, as well as ensuring that the accounts are kept correctly.
6. Board meetings shall be arranged at least 4 times a year, or when at least half of the board members so require.
7. If it is possible The Board constitutes itself immediately after the Associations Annual General Meeting, and functions until the first Annual General Meeting after new elections have been completed. 

Chapter 7: Election of members to the Board 
1. Election of board members (cf. Chapter 6) takes place by referendum during the period 1 December to 15 January each year. Only pre-nominated candidates may be voted on. The Nomination Committee shall inform the members of which candidates have been nominated.
2. The election takes place by the individual member voting for up to 8 of the nominated candidates. The 6 candidates who get the most votes in the election have been elected to the Board of the Association for two years. 
The deputies are elected for one year, so that those who in the election have received the 7th and 8th most votes, become the 1st and 2nd deputies, respectively.
3. All members are eligible and may be nominated. 
All members or groups of members have the right to propose candidates.
4. Proposals for candidates must be sent to the nomination committee during the period 1 October to 15 November each year. 
The Nomination Committee shall inform the members in advance of which board members are up for election.
5. Counting of votes is done by a Counting Team consisting of two persons appointed by the Board of the Association in collaboration with the Nomination Committee.
In the case of electronic elections, the Nomination Committee will organize this. 
In the event of a tie, the election is decided by drawing lots at the Annual General Meeting.
6. Active members and apprentices have the right to vote.

Chapter 8: The Annual General Meeting
1. The annual general meeting shall be held between 15 January and 1 March each year.
2. The site shop stewards or their deputies meet with the right to speak and vote, as do the board members of the Association and deputies, as well as newly elected board members and deputies.
3. The Annual General Meeting elects its chairperson and minutes secretary.
4. The Annual General Meeting shall address:
- The Annual Report 
- The accounts 
- The board's budget proposal
- Received proposals  
- Action plan
- Election of Nomination Committee, 3 members 
- Election of auditors, 2 members 
- Election of delegates to IE's National Congresses  
5. Amendments to the by-laws require a 2/3 majority. 
Other decisions are made by a simple majority
6. Voting is done in writing if at least one delegate so requires.
7. Proposals must be received by the Association of the Board board at least two weeks before the Annual General Meeting. Proposals sent to the MAF e-mail address or WC at least two weeks before the Annual General Meeting are considered submitted to the Board of the Association. All members have the right to present proposals.
8. The documents for the Annual General Meeting are sent to the delegates electronically one week before the AGM.
9. If at least half of the associations’ members or at least 3/4 of the members of the board so require, an extraordinary annual general meeting shall be convened within 2 months. At this meeting, only the case or issues that were stated as the reason when the meeting was requested can be dealt with.

Chapter 9: Exclusion of Members 
1. If someone has acted as a strike breaker or blockade breaker, he or she shall be immediately expelled from the Association. The decision is made by the union’s National Executive, cf. the articles of association § 28 of the National Federation.
2. Members who act non-collegial or dishonestly may be excluded. The decision is made by the National Executive, cf. articles of association § 28 of the National Federation. 

Chapter 10: Suspension from positions of trust
1. If a shop steward is guilty of criminal or non-collegial acts, the National Executive, cf. articles of association § 29 of the National Federation, may, at the request of the Board of MAF, suspend the individual from all positions of trust.

Chapter 11: Members' responsibilities and duties
1. The members are obliged to be loyal to the Board of the Association and others who are employee representatives. They are also obliged to keep their membership updated and ensure that the membership fee is deducted from salary or paid-up. 

Chapter 12: Dissolution of the Association
1. Decisions on the dissolution of the Association requires a 3/4 majority at the ordinary or extraordinary Annual General Meeting and must be approved by IE centrally. 
 
 
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