Interchange 1 Quiz Unit 13 14

[Beatrix Gerke]

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have common offices, common ownership, and common management at the policymaking level. The two enterprises engage in joint advertising and have a joint salesmen corps. Their president formulates the labor policies affecting the employees of both companies. He spends approximately 30 percent of his working time running Town Imports. The mechanics of Towne Ford Sales perform work on domestic cars while Town Imports mechanics work on foreign cars. Town Imports mechanics use some of Towne Ford Sales equipment and tools and Towne Ford mechanics occasionally work on Town Imports cars. The two groups of employees possess the same job skills and utilize similar tools and equipment. The locations are across the street from each other. However, Towne Ford Sales and Town Imports each has its own service manager who hires the mechanics and directs the work in each of the facilities. Thus, there is no common immediate supervisor and no day-to-day contact between the two groups of employees.

... [T]here is no evidence of "actual" interchange of employees or of any regular contacts between the mechanics employed at the two locations. It is also apparent that the daily operations of the facilities are separate and autonomous and that the day-to-day control and supervision of matters of interest to the employees are handled entirely within each of the facilities by the respective service managers.

accretion is a narrower doctrine [than a determination that a combined grouping of old and new employees is an appropriate unit]: to be accreted, the new employees must have no separate identity, and therefore nothing approaching a distinct community of interests, apart from the larger group. [Citation.] It follows that accretion may be initially rejected as a legitimate alternative, though the employees are subsequently added to the existing unit once they have elected to do so.

This report is written by Katrine Hvik and Steinar Skagemo. Katrine Hvik is a lawyer working at the Norwegian Patent Office[1]. Steinar Skagemo is a junior researcher at the Norwegian Research Centre for Computers and Law[2]/Section for eGovernment Studies[3] at the University of Oslo. The report is up to date as of August 2002. Some minor changes and corrections were applied in October 2002.

In the above figure, we have tried to present the bodies that are normally thought of as being part of the justice sector. We grouped the bodies into four main roles; the courts, the prison and probation service, the police and the prosecuting authority. These are also the same four roles that constitute the "penal chain", see section 4.

These are all public bodies. The private sector, with law offices and the general public, is of course of great relevance, but they are left out of the illustration in order to avoid additional complexity. Moreover, the private bodies are independent, and therefore no organisational links could be shown.

In this introductory section, we will give some details of the organisation and tasks of the bodies in the justice sector. We have also included a short presentation of some of the most important public registers of rights in Norway, as some of these are both widely used by the courts, and updated in accordance with court rulings, i.e. Register of Bankruptcy with decisions from the Probate Court. Electronic data interchange between the courts and these registers is under development, see section 4.

There is one police force in Norway, and the organisational model has recently been changed: the number of police districts has been reduced from 52 to 27. As described in section 1.1 all police offices in Norway are inter-connected in closed data network. The Police Data Service[4] (PD) is responsible for ICT[5] for the police, and is represented with a grey box in the figure above.

In addition to this, each police district has its own ICT service unit. The division of responsibility between these local units and the central body is not always clear, as the local units also are involved in development of information systems used by the police. The strategy document for the judicial sector[7], though, does not mention these local units at all.

The prosecuting authority is a three-tier organisation headed by the Director General of Public Prosecution, who is responsible for public prosecutors; the latter, in turn, are responsible for the police prosecuting authorities. The Director General of Public Prosecution reports hierarchically to the King in Council (Government), and cannot be instructed by the Ministry of Justice in prosecution matters. However, the Director General is subordinate to the Ministry of Justice in administrative affairs[8].

At the bottom of the prosecuting authority is the district Commissioners of Police, with their subordinate police officers and prosecutors. These district commissioners thus fill two roles, one as the head of the district police forces and another as part of the prosecuting authority. For a number of offences, it is the police prosecutors who prefer charges before the court. In more serious cases, however, the public prosecutor or the Director General of Public Prosecution will usually prefer charges.

We denote the Director General of Public Prosecution and the public prosecutors as the higher level of the prosecuting authority, and the police prosecuting authorities as the lower level of the prosecuting authority.

As shown in the above figure, the lower level of the prosecuting authority is part of the police organisation. This means that they share the ICT infrastructure, and the ICT support unit (The Police Data Service) with the police.

The Courts of Justice in Norway are separate from the legislative power (The National Assembly) and the executive power (The Government). This is a consequence of applying the principle of division of powers. While the constitution makes no direct reference to such a division or separation of powers, the founders of the Norwegian Constitution shared the principle. The National Assembly unanimously ratified the constitution on the May 17th 1814, at Eidsvoll.

The main courts of justice in Norway are: the Supreme Court, the Interlocutory Appeals Committee of the Supreme Court, the Courts of appeal, and the District Courts. All these courts can rule on both civil and criminal cases. In addition there are certain courts of law that have limited areas of competence. Examples of so-called special courts are: Severance Courts (Land Disputes) and the Industrial Tribunal in Oslo(cases pertaining to labour legislation).

The Supreme Court is the nation's highest court of justice and the instance of appeal for judgments by courts of a lower level. The Supreme Court is situated in Oslo. The decisions made here are final and cannot be appealed or complained against. The one special exception is for cases that can be brought before the Court for Human Rights in Strasbourg. Three of the Supreme Court judges form the Interlocutory Appeals Committee, which has the power to prevent appeals from being heard by the Supreme Court, and have to agree that a case can be brought before the Supreme Court. The Committee can make final decisions in a number of cases. Supreme Court judges serve in succession on this committee.

There are six Courts of Appeal situated in different areas of Norway. Therefore, the country is divided into six appellate regions. Each Court of Appeal has several appellate judges and is headed by a senior judge president.

The District Courts are the first instance of the Courts of Justice. Today there are 92 District Courts, but there are plans to reduce this number to 65. The first two courts will be merged January 1st 2003, and next merger will take place in 2004.

There are special courts that hear or process issues not covered by the District Courts. Two of the most important special courts are The Industrial Disputes Tribunal and The Land Consolidation Courts. Special Courts typically rely on a high proportion of lay judges.

The Industrial Disputes Tribunal deals with cases pertaining to labour legislation, for example wage disputes. The Tribunal deals with disputes for the whole nation. The Tribunal is headed by a lawyer.

The main task of the Land Consolidation Courts is to find acceptable solutions for ownership disputes and issues concerning correct land usage. The Land Consolidation Courts and the Land Consolidation High Courts cover the whole nation but each single court is allocated authority over a limited area. The Land Consolidation Courts are administered centrally by The Department of Agriculture. Judges for The Land Consolidation Courts are drawn from Norway's Agricultural College.

A Court of Conciliation[13]is allocated to each municipality. Courts of Conciliation are to mediate between disputing parties and are widely authorised to pronounce a judgment. Between 100,000 and 120,000 cases are processed each year by Courts of Conciliation. In fact, the majority of civil disputes are resolved by the Courts of Conciliation. Courts of Conciliation are staffed with laymen, and do not hear criminal cases

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