Although the bargaining unit, law is in force, there will be train drivers strike. Very likely.
The GDL train drivers will now begin the longest strike in the history of the railway. The union is calling for 5 percent wage increase and an hour less work time a week. But that, according to the GDL itself is not the main point of contention in the current debate. Your concerns more fundamental: The relatively small employee representatives to Claus Weselsky wants may enter for all its members, regardless of collective agreements; besides train drivers are the so-called Lokrangierführer and train staff. That is also the reason why no neutral mediator Weselksy wants, but simply refuses mediation. “We will go in no arbitration because we bring constitutionally protected rights in any arbitration,” he said today in Berlin.
Author:. Dietrich Creutzburg, economics correspondent in Berlin
In the debate will strike repeatedly discussed whether the comparatively crackdown of GDL related to the so-called collective unit law. But is that really so? Must fear the GDL to be circumcised after the entry into force of the law in their ways?
What is clear: The unit tariff law to the range of professional unions – the GDL is a – limit. In fact, however, it only lays down new rules for the case of so-called collective collision. It is said, when two competing unions have prevailed each different collective agreements for one and the same occupational group in a company or want to enforce. Then is, the thrust of the Act, the employer can not be expected that he actually has to apply different collective agreements within a professional group at the end.
If the unions can not agree among themselves on a concerted approach, should therefore necessary – at the request of affected collective bargaining – to decide the majority rule: The one union that the affected operating has the most members, is to receive with their collective agreement shall prevail. The minority union that will be the professional union in many cases, then you have to back off and receives only the right to “trace” the collective agreement of the majority union, so at least this also applies to its members.
Is there so future now less strikes? The government hopes at least that it will be so. What matters is how to decide the labor courts. After their jurisdiction (legal rules for labor disputes do not exist in Germany) are strikes usually considered to be disproportionate when so little is to be enforced, which is not permitted or can not be applied. That would be the case for a minority union collective agreements with some probability.
The Grand Coalition that has brought the bargaining unit Act on the way and will shortly adopt, also hopes that all parties will respect judicial conflicts – and competing trade unions therefore continue to prefer to communicate the same in advance on joint wage demands to those To avoid collisions tariff. All concerns, however, only in the event that competing unions come within a professional group in the way, in the case of rail are the conductor and also those Lokrangierführer, whose main task is not on the track, but at the station.
Whether therefore train driver strikes of the GDL can be prevented, however, is a different – more open – question. The answer depends on, among other things, how the much larger railway union EVG behaves: If you and the GDL would agree on a truce, which allocates responsibility for all train drivers again the GDL (connected to a renunciation of the representation of other professional groups) , had this to their core membership of train drivers continued free rein – for further strikes
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The ballast has to wonder, however, if one is really sure that they in all the approximately 1,200 train -powered against the GDL has a clear majority. In practice, this depends inter alia on the operating cutting. Speculated they could possibly come to light that it in this or that operation has not the majority – thus coming self-harm. Therefore, it could be at least that the EVG majority lobe of the law rather avoid and the GDL leaves the leadership of the train drivers.
Even if there is no understanding between the two unions, the current strike by the GDL would but probably not the last. Because when it actually comes to counting of majorities in the individual train operations, as provided for by law in case of emergency, it would first of all come to a different distribution of tasks between EVG and GDL: In at least some railway companies – those with high engine drivers share – the GDL is then expected to be the majority union. And that means that you can call on in the future in charge to strike for employees of these companies.
It would then perhaps not as large as the current strikes. But nevertheless the current walkout of Weselsky troupe will be sure not the last.
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