Now it has happened: The Bundestag has adopted the Law on the bargaining unit – despite concerns that had also raised constitutional expert before. The Federal Council, the approval is also required, will address on 12 June with the law, so it could well come into force from July. But what does that really mean? Are small unions such as Claus Weselskys engineer representative future powerless?
Supporters of the law do not see it that way. They argue the law merely to urge the unions to consult in wage disputes. This is relevant in the case, belong in the various workers within an establishment same profession unions – so perhaps several collective agreements are concluded for an occupational group. In the case of such a so-called collective Collision future size plays an important role: the dispute reaches the agreement of the larger union – is applied to the web would be the ballast and not GDL, at least in the railway companies, where ECG represents the majority of workers.
This would allow train drivers’ strikes actually be rare in practice. Because in Germany labor courts decide whether a strike is proportionate. After their judicial work stoppages are usually considered to be disproportionate when so little is to be enforced, which is not permitted or can not be applied. That would be for collective agreements of a minority union might be the case.
Therefore also fears GDL boss Weselsky, will no longer be allowed to go on strike for all its members, such as the train drivers union represents little service personnel. In this area the competing EVG dominated. Strike the GDL for higher tariffs for the service staff could be classified by the courts as disproportionate. Opponents of the law to criticize the project as “Lex GDL”, ie as a project that was directed especially against the small train drivers union GDL.
The chairman of the services union Verdi, Frank Bsirske, criticized for this reason the new law. “In operation, when only the collective agreement of the majority union should apply, minority unions can enforce not have its own collective agreement more,” he said: “A strike would be so disproportionate Up until the labor courts.”
One way for the smaller unions is already clear: If they deny with the major workers’ representatives and thus avoid collective collisions, they can continue to “their” respective professional group to negotiate contracts and perform ENTIRE labor disputes. Using the example of train: If EVG and GDL it agreed that the GDL train driver is responsible for all (connected to a renunciation of the representation of other professions), would this with their core membership of train drivers so more free rein. But it is precisely the GDL train drivers will not just represented, but also other train crew.
Several small unions want against the new law complain
Supporters of the law – such as Labor Secretary Andrea Nahles and employers’ organizations – say, ultimately it would lead even the collective bargaining – ie the independent negotiate wages and working conditions by trade unions and employers – strengthened in Germany. “The functioning of collective bargaining is affected by tariff collisions,” reads the text of the law itself. Employers should therefore permanent labor disputes spared with various unions. The chairman of the German Trade Union Federation, Reiner Hoffmann, defended the law, although it is controversial even within the Federation of Trade Unions: In addition to the trade union Verdi Also Food and Catering has spoken out against the law
Whether the law is permanently endure is far from identified. Hardly ever knowingly Parliament has passed a law, as many well-known experts certify the unconstitutionality – and not only doubts and concerns. It is an inadmissible interference with the rights of craft unions and also technically flawed, is their verdict.
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The pilots’ union Cockpit, also a small employee representatives, and the German Civil Service Federation, which also includes the GDL belongs, have already announced that they want to bring the law before the Constitutional Court on the case. You see an impermissible intervention in the protected in the Basic Law freedom.
However, the passage through the courts or a constitutional complaint smaller unions could take years. Rapid could the Supreme Judge however decide if a currently running labor dispute out the Labour Court would be called if a labor court decides on the basis of the new law, the losing party could apply for an injunction before the Federal Constitutional Court – and thus achieve an accelerated procedure.
This may be a reason why perhaps not only the web has an interest in ensuring that the industrial action takes place until the time of the entry into force of the new law -. But just the GDL itself
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