Status: 09/21/2021 4:15 p.m.
There are around 300 individual companies in the Bahn Group. According to the Unified Collective Bargaining Act, in most of them only the contract with the railway and transport union applies. The smaller train drivers’ union GDL sued against it – unsuccessfully.
The train drivers’ union GDL failed with its action against the collective bargaining unit at Deutsche Bahn before the labor court in Berlin. The court dismissed an action brought by the GDL against the railway employers’ association.
The union wanted to get the association to influence companies in the railways so that they continue to apply collective agreements concluded by the GDL to their members. The Unified Collective Bargaining Act (TEG) stipulates that if there are two trade unions in one company, only the collective bargaining rules of the larger employee representation are applied.
Collective Bargaining Act not unconstitutional
At Deutsche Bahn, the GDL competes with the larger railway and transport union (EVG) for members. Until the end of last year, however, a basic collective bargaining agreement with the railway regulated that the collective agreements of the GDL were also applied. But this contract has expired. Since this year, the unified collective bargaining law has therefore been in force in the around 300 companies in the group.
The union had sued against this. The regulation is unconstitutional and contrary to European law, and the prerequisites for application are not met. The court contradicted this: The law was not unconstitutional, accordingly the companies of the railway based correctly on this regulation.
Majority relationships should be clarified
According to the railway, the GDL only has a majority of the members in 16 companies. In 71 companies, the majority ratios between GDL and EVG are therefore unclear. A notarial procedure should soon clarify this. Bahn and GDL had agreed on this in the collective bargaining negotiations that ended last week.
The union stuck to the lawsuit. It was directed against the employers’ and business association of mobility and transport service providers (AGV MOVE), in which Deutsche Bahn is organized.
Deutsche Bahn welcomed the fact that the court had “confirmed the application of the TEG”. The law “works and works”, as shown by the latest deal with the GDL, explained the managing director of AGV MOVE, Florian Weh. The GDL did not initially comment. An appeal against the judgment is possible before the regional labor court of Berlin-Brandenburg.