breaking news
The train drivers’ union strike can continue. The railway also failed in the second instance in court with an urgent application. The GDL’s “pin-prick tactics” were permissible, according to the judges – who also suggested arbitration.
According to a court ruling, Deutsche Bahn train drivers can continue their strike as planned until Wednesday morning. The Hessian State Labor Court rejected the railway’s appeal in the second instance. There are no legal appeals against this decision. Yesterday the railway was already defeated in the first instance.
The GDL’s “wave strike” instrument as a “pin-prick tactic” is permissible, said presiding judge Michael Horcher. The court cannot make a fundamental decision at this point about an appropriate lead time for strike announcements.
“No longer a reliable means of transport”
The GDL had announced previous strikes in the current tariff dispute at least 48 hours in advance so that the railway and passengers could prepare for them. However, with the tactic of “wave strikes”, GDL boss Claus Weselsky is betting that exactly that is no longer possible. The aim is that “the railway is no longer a reliable means of transport,” he said a few days ago.
GDL: Arbitration “definitely debatable”
The railway had argued in court, among other things, that the GDL’s strike announcement was made at far too short notice. In the current strike, the announcement came around 8 p.m. on Sunday evening. The strike in freight transport began on Monday at 6 p.m., and in passenger transport at 2 a.m. on Tuesday night.
Judge Horcher suggested going to formal mediation. The railway had already agreed to an arbitration procedure, but the GDL had so far categorically rejected this. In court, GDL representative Thomas Schelling described such a measure as “entirely debatable”. We will discuss this openly.
About 20 percent of long-distance trains run
Railway representative Florian Weh said that formal arbitration was now the appropriate means of choice. “We are ready to do this without any preconditions.” He regretted the restrictions caused by the “wave strike”. “We have to accept the court’s decision willy-nilly,” Weh explained. There are no other legal options; everything has been tried to stop the strike, “unfortunately without success.”
Despite the short-term strike announcement, the railway has once again put together an emergency timetable that ensures a basic service of around 20 percent in long-distance transport. In regional transport, the offer varies depending on the region. Passengers are asked to contact the railway for information about their connections.
Weselsky: “campaign of extermination” the train was not successful
After the verdict, GDL boss Weselsky again sharply criticized the railway management and – as before the court ruling – demanded a new, written offer from the railway.
The verdict “proves once and for all that the DB board’s campaign of destruction against the GDL cannot be successful,” said Weselsky. The DB board is now required to “make a new, improved written offer.” Because that is the only way to bring the conflicting parties back to the negotiating table.