The GDL is on strike at Deutsche Bahn until Monday. It’s about pay, but also about working hours for shift workers. Politicians are pushing for an agreement. What influence does she have?
The pressure on the train drivers’ union is increasing. Some federal politicians criticize that the GDL has lost its measure and is taking the entire country hostage. There are even calls from the Union to tighten laws to make such strikes more difficult in the future.
The CDU member of the Bundestag Gitta Connemann calls for Deutschlandfunk a statutory right to industrial action: “The most important thing is that in critical infrastructure, an arbitration procedure must first be completed before a strike takes place.” At the moment it usually works the other way around, first there is a strike and if the unions and employers cannot find a solution in the negotiation rounds, both go to arbitration.
Connemann receives support from the CSU. Secretary General Martin Huber also wants to restrict strikes on critical infrastructure. They “should only be permitted if arbitration proceedings have been successful”. The CSU politician also calls for an “appropriate time limit for strikes”.
Scholz: Don’t shake collective bargaining autonomy
There is collective bargaining autonomy in Germany. This means that trade unions and employers’ associations regulate wages and working conditions among themselves, autonomously and without intervention from the state. The Basic Law and other laws such as the Collective Bargaining Act provide the basis for this.
The federal government does not want to shake up collective bargaining autonomy, as Chancellor Olaf Scholz emphasizes. “The right to form trade unions and then to lead industrial disputes is one of the freedoms that are so firmly regulated in our constitution that they cannot simply be abolished, not even through legislation.” However, his appeal is to exercise this right wisely.
Labor lawyer: Limits on strikes unclear
In order to legally prevent strikes like the current one at the railway, the traffic light government would have to make legal changes. For labor lawyer Gregor Thüsing from the University of Bonn, the problem is that Germany has no strike law. That’s why the courts have to repeatedly re-determine what is permitted “in painstaking individual decisions.” This makes the barriers to strikes so unclear and narrow, explains Thüsing in an interview with Bavarian Radio.
With the help of a strike law, certain work stoppages could be limited – for example strikes in which the public is “affected in a very particular way”. There are role models from abroad and suggestions from science. But so far the traffic light coalition does not want to approach the legal situation. However, the tone towards the GDL union is becoming significantly harsher.
Wissing demands Arbitration Procedure
Federal Transport Minister Volker Wissing criticizes the fact that there have been no negotiations between the union and the railways for weeks. “The passengers are now experiencing a significant stressful situation and there are no negotiations going on at the same time. Instead, there is just a strike and I don’t think that’s a good thing. I think it’s right that collective bargaining disputes are fought out, but not sat out – on the backs of the people who are on depend on a functioning railway.”
The FDP politician calls on the union chairman, Claus Weselsky, to return to the negotiating table. The GDL and the railway should now begin arbitration proceedings.
The Greens want that too. The transport policy spokesman for the Bundestag parliamentary group, Stefan Gelbhaar, says that the strike alone will not bring a solution. “The demands are on the table and they have to be gone through individually,” said Gelbhaar. “And if the arbitration comes to a result that the collective bargaining parties don’t want to accept, then we’ll be in a different place. But it’s definitely worth the try.”
“Alliance for Rail”: Passengers are being scared away
Even from the transport industry, support for the train drivers’ union is crumbling. The “Alliance for Rail” alliance, of which the GDL is a member, distances itself. The union’s actions are damaging the entire rail industry and will probably scare away many passengers in the long term, says managing director Dirk Flege.
“In this respect, I would like to see disarmament both verbally and in terms of actual action. We need to talk to each other and not complain about each other. If Mr. Weselsky is of the opinion that things are stuck and there is no movement, then arbitration would be a good idea means,” said Flege.
GDL calls for a reduction Weekly working hours
But the head of the GDL doesn’t want to go back to the negotiating table or go to arbitration – despite all the appeals and demands.
In addition to financial demands, the collective bargaining dispute primarily revolves around the issue of reducing weekly working hours for shift workers. The GDL wants to reduce this from 38 to 35 hours while keeping the salary the same. The railway has so far offered an optional model that provides for a reduction of one hour with full wages. Anyone who decides against this will instead receive 2.7 percent more money.
Union boss Weselsky sees the offer as no basis for further negotiations. The railway is not willing to negotiate, so the strike is “lawful, proportionate and permissible,” said Weselsky.