Labor dispute – Post relies officials as a scab – Süddeutsche.de

• The post occupied jobs that are on strike, some with officials. This amounts to a judgment of the Constitutional Court may be contrary.
• The court had ruled in 1993 that the state may be no better off in the labor dispute as a private employer.
• The Post justifies the use of the argument that the officials are voluntary in use. But Economy Minister Gabriel sees their use critical

From Detlef Esslinger

In the labor dispute with the union Verdi, the German Post AG has officials employed as scabs -. Although the Federal Constitutional Court, this principle prohibited. The company believes the application is still lawful, responds to inquiries but partly evasive.

Süddeutsche Zeitung are the names of 28 officials before that and in the letter branches Frankfurt casting, the distribution center in Frankfurt and parcel center Rodgau are (also in Hesse) employs. With strikes in April, they were sent to bestreikte jobs. The company informed the works by pointing out that officials had been “displaced voluntarily”.

State is expected to be no better in the labor dispute as a private employer

Thus, the Post continued perhaps yet on a decision of the Constitutional Court from 1993 away. The Karlsruhe judges had the former Bundespost that they “must not arrange the deployment of officers on strike on jobs, as long as no legal provision exists”.

labor dispute unionists throw Post intimidation before

The German post office is limited employees threatened with the loss of their jobs if they join the strike. This raises the Verdi union before the Group. SPD leader Gabriel exhorted the group’s top management.

The judge wanted to prevent the State is in principle better placed in labor disputes as private employers who indeed have no official and therefore can not force anyone to work as strikebreakers. A “voluntary” commitment by officials saw the decision expressly not before ( file number 1 BvR 1213/85 ). Such’d also prefer the employer state in comparison to other, private.

If left untreated, could the Court the question whether at all clear could, with what degree of voluntariness an official arises as strikebreakers available , The deputy Verdi Director Andrea Kocsis said the SZ , the use of civil servants as strike breakers is “neither, involuntary ‘even voluntary’ permissible – it is simply forbidden”. The post must “stop this illegal practice immediately.” According to the union, the post has “more than 100 officials” used in the dispute as strike breakers.

Treasury had complaint of an official rejected

On demand, the Group began by stating it would not officials “used illegally on strike on jobs”. This was confirmed by the Federal Ministry of Finance until April 30, when it rejected the complaint a postal clerk

The interesting thing about this answer was. According to this official, the SZ had not asked. He did not belong to the list of 28 from Hessen. With him thus is a 29 case. His appeal was dismissed by the Ministry on the grounds that, according to the Post, the man had only to deliver packages, but not letters and parcels – as his striking colleague. But that he was not used to the workplace

When asked whether the company would still not yet comment on the cases in Hessen, a spokesman responded more generally. “The letter (of the Ministry) clarifies that the use of officers on another workstation during an industrial action is not automatically inadmissible, as is often assumed. ” In the Hessian cases he did not go into further

The use of officials was also the subject of the letter, the Economic Minister Sigmar Gabriel -. In his capacity as Chairman of the SPD – on May 4 at Deutsche Post CEO Frank Appel had written. In it showed Gabriel “worried” about the information on handling the post with their employees. About Appels response, the company gave no information, just as much: “. You can assume that Mr. Appel also answered letters from politicians to him”

On Wednesday, the SZ had reported that the post pressure on temporary workers exercising to prevent them from participating in strikes. They were threatened with losing their jobs. The company also retained more from wages of the strikers as a permitted. On request, it informed but to correct the latter practice with the payment of wages in June and to refund the difference.

the charge of intimidation did not want to sit on the Management Board CEO Appel. This was “libelous,” he as he “decided” back, he said. The Post have always respected workers’ rights and will continue to do so. “So with us 50 percent more councils are exempt for their work, as the law requires.”

New strikes

On Wednesday Verdi called again to strike, namely, inter alia, all 83 sorting centers Post. The union is demanding a reduction in working time from 38.5 to 36 hours a week without loss of pay for 140 000 salaried employees. In order to respond to the creation of 49 airline companies in the parcel delivery, which keeps the union inadmissible. They also demanded 5.5 percent more money.

The Post has been an extension of protection from compulsory redundancies until the end of 2018, and a package that includes a reduction in the working week to “average” one hour at according to information means no loss of pay. The next round of negotiations on 20 and 21 May. ‘/ P>