- You can avoid downsizing
When the downsizing hits, everything moves quickly. Chief union representative Eddy Nynes in Kongsberg Maritime knows what separates those who come out stronger from those who are run over.
- Have downsizing been announced?
- Who will be dismissed?
- Are you losing your job?
Nynes' experience is crystal clear: If you are unionized, have a strong union representative and an orderly process behind you, then you are far stronger than someone who faces this alone.
Nynes is the main union representative for more than 1000 NITO members. He represents the 13 business groups that Kongsberg Maritime has in Norway. Locally, he is affiliated with the department in Bergen. The company has 3500 employees in Norway and over 7000 worldwide, spread across 37 different countries. For example, they design so-called main switchboards and frequency converters for ships, which are then manufactured by other companies.
Fortunately, there have been few downsizing in Kongsberg. But in Rolls Royce Marine, which was later acquired by Kongsberg, the reality was different. - We had hefty downsizing in the Rolls-Royce era. At that time, 400 employees went through several rounds," says Nynes, who was a union representative there as well.
He describes a well-known recipe from management: The company has a decline in orders, reorganization and cutbacks are announced, and management calls for discussion meetings. Out they go!
- The first part of the process is often orderly. We are informed and discuss criteria," he says. - But when it comes to selection, who is actually going out, it will be tough. That's where we have to be as union representatives," he says.
Are there orderly downsizing processes?
For Nynes, good handling is about structure, documentation and never allowing yourself to be pressured into quick decisions.
For union representatives who are in companies with downsizing, there are three key measures that Nynes highlights:
- Demand company-level visibility
- Companies often try to limit the selection of those who are laid off to one location or department. We have fought for the selection to take place at the level of the entire company. This provides more opportunities for relocation and less room for the 'snout factor'," he says. - Negotiate criteria – not just "take note"
- Seniority should be the starting point. When several people have the same seniority, competence must be assessed in real terms, and not just who the management likes. - Use a lawyer – early
- Some employers want minutes to be signed at the same meeting, there and then. Don't do it. Get a lawyer in before anything is signed. We have several times had to "hit hard against hard" and bring in both the Federation of Norwegian Industries' and NITO's lawyers. It has saved people from dismissal," Nynes explains.
- What I say to the management as a union representative is that they can pick those who are not organized first, when we get down to the personal level, says Nynes. He reminds the bosses that the Confederation of Norwegian Enterprise (NHO), which is the organisation on the management side, also says that they support an organised labour market. - Then they have a duty to protect those who are organized, Nynes emphasizes.
Be aware of the pace
He says that the pace of the processes is often the biggest enemy.
- A lot of people get stressed. They just want it to be finished. But that's exactly when you have to hold back. Don't let your company's schedule ruin it," he says.
§15-1 meeting: The toughest hour
Section 15-1 of the Working Environment Act provides the right to a discussion meeting before dismissal. This 15:1 meeting is for many the most demanding point in the process.
- In the meeting, you will be given a review of how the company assesses you: Education, experience, employee interviews. Often the negative comes first, and it is angled in a negative direction. Then you get to give an input to what the company says. What are your strengths, and why should you stay? You also don't know who else has been selected. You're quite alone and 'naked'," says Nynes.
Three pieces of advice if you are called in for a Section 15-1 meeting
Here is Nynes' specific advice:
- Never meet alone
- Bring a union representative. Always. If you don't have that, you're in a much weaker position. An experienced union representative can stop the meeting, ask the uncomfortable questions and make sure that everything is documented. Here you really see the value of being unionized," says Nynes. - Prepare your case
- Think through: What are your strengths? What skills do you have that the company needs in the future? What new tasks can you take? The more specific you are, the harder it is to "clear yourself out". - Don't sign anything in the meeting
- Do not sign minutes or agreements directly in the meeting. Ask for the documents to be read afterwards. Use protocol inputs actively, for example that seniority should take precedence over competence to avoid the snout factor.
- Remember! This is not to say that you are fired because you are called in for a 15:1 meeting. And if they have no papers on you, no referenced notes from employee interviews, you must dare to say so. In a meeting, I asked bluntly: "Why are we sitting here then? You have nothing." That turned the whole situation around, he says.
Member or not? Big difference
Nynes believes that the difference between organized and unorganized becomes brutally clear in such meetings.
- Unorganized people often have to meet alone. They have no one to lean on, no one who knows the system. I have seen people bitterly regret that they were not a NITO member," says Nynes.
- After downsizing, we often see membership growth - then people have experienced what it means to stand alone.
Nice feeling to save someone
Nynes took over as union representative in 2019 and has been freed up to be a union representative for 100% of working hours. Despite waking nights, conflicts and heavy personnel issues, he is clear about why he continues as a union representative:
- The best thing is when you can go home and know that you have saved someone. When a member gets a good solution, either in a personnel matter or in downsizing, then it is worth all the effort.
In his career as a union representative, Nynes has saved just over 100 people from losing their jobs.
Learn about termination, downsizing and layoffs
Are you worried about dismissal, layoffs or downsizing? NITO gives you an overview of your rights and how you can get help and support.
