IG Metall Augsburg is examining a criminal complaint against the trailer manufacturer because it allegedly wants to prevent the first election of a works council. About a month-long dispute – which is now reaching a temporary climax.
Normally, around 1000 vehicles per week can roll off the line at Humbaur in Gersthofen, Swabia, whether for horses or construction machinery; When it comes to trailers, the company is one of the leading manufacturers. In addition, there seems to be a lot of trouble there at the moment. Because the IG Metall Augsburg is examining a criminal complaint against the company: “Overall, the impression arises that Humbaur is trying by all means to prevent the first election of a works council and thus codetermination in the company,” said the union on Friday. In order to make the election possible anyway, the company will follow up on the company’s indications of an electoral disability – and report them if necessary.
A dispute that has been dragging on for months has thus reached a preliminary climax. So far, there has been no works council at Humbaur, which employs around 600 people. In order to change that, the workforce spoke out in December for the establishment of an employee representative body. Loud Augsburg General Humbaur then wanted to have the constellation assembly declared null and void by means of a temporary injunction. The Augsburg Labor Court dismissed the applications.
According to IG Metall, the company is now trying other ways to prevent the first election of the works council. According to this, several members of the electoral board that organizes the election are said to have received “offers to conclude a termination agreement”. In addition, the deputy chairman of the electoral board was dismissed without notice for alleged assault and banned from entering the building after he had rejected offers of a termination agreement. The union demands that Humbaur take back both. The political secretary of IG Metall Augsburg, Björn Kannler, finds the offer of “highly paid termination agreements” to people on the electoral board strange, as he says on the phone. And: “People are scared.” Around 30 people would have stood for the works council election, but did not dare “that we would publicly display the list of names”.
The co-determination rights of the employees are respected, it is said
The company sees things differently. “The allegations made by IG Metall are completely unfounded,” Humbaur said in a statement. There is “reasonable suspicion of substantial criminal behavior” against said employee, and “proceedings for court approval of termination” are also being conducted before the Augsburg Labor Court. Humbaur also rejects the fact that there is an influence on candidates for election as “inaccurate”: “Rather, staff interviews are held continuously without any connection to the upcoming works council election.” One does not oppose the establishment of a works council and respects the co-determination rights of the employees.
The signs in Gersthofen are still in conflict for the time being. It remains to be seen whether this will actually lead to criminal charges being filed against the company, also because of the sometimes tricky argumentation in employment law. In any case, the topic of employee representation should receive particular attention in the coming days and weeks: In March, employees nationwide will elect their representatives – at least in places where there are already works councils.