Bargaining unit in conformity with the Constitution


The disputed bargaining unit, the law is largely compatible with the basic law. The Federal constitutional court approved the law in principle, but requested a rectification of the defects in the new rule.

The Minister of labour Andrea Nahles introduced in July 2015 entered into force the law means de facto return to the principle of “One operation – a collective agreement”. It saves the Power of smaller unions in the crop, which had argued repeatedly in past years for their interests. So Nahles (SPD) welcomed the judgment. The law of strength is the solidarity and interest representation by the trade unions, she said in Berlin.

A number of trade unions by the law in their right to strike limited, and had complained in January of this year. In the pilot process, the judge negotiated on complaints to the service company Verdi, the German Beamtenbunds dbb, the air transport unions Ufo and Association of Cockpit (VC), as well as the doctors ‘ Union Marburger Bund.

The law regulates collective conflicts so that in case of competing collective agreements is considered to be in operation, only the statements with the members of the strongest trade Union. The Federal government wants to prevent fighting so-wracking. The small trade unions to see to their enforcement power and their influence in risk.

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Remedy until December 2018

Now, the First Senate of the Federal constitutional court has held that the provisions of the collective bargaining unit of law are largely compatible with the basic law. The interpretation and application of the law must, however, be borne by the constitutionally protected autonomy of collective bargaining; in Each of the still open questions of the specialist courts to decide.

“Incompatible of the law with the Constitution is only to the extent that precautions are lacking, that the interests of the members of individual occupational groups or industries, in the displacement of existing collective agreements are neglected, one-sided,” write the judges in their ruling. The legislator should therefore provide a remedy.

Until a new regulation, a collective agreement in the case of a collision in the operation could only be set aside if it is plausible be stated that the majority of trade unions have taken into account the interests of the members of the minority Union in a serious and effective in their collective bargaining agreement. The law will remain in accordance with this, otherwise continue to apply. The new rule until 31. To meet December 2018.

Proven Principle

From the point of view of the Federal government, the principle of “One operation had proven to be – a collective agreement” for over six decades. After a judgment by the Federal labour court in 2010, various statements were at once side by side. With the law, this is true for around two years, wanted to create the Minister again.

Nahles in mind that competition-unions vote from the beginning. To the conflict, it should not come at all. The trade unions fear a ruthless cut-throat competition and an erosion of their right to strike.

The employer would not have, it is now necessary to negotiate with all. In each hospital of a permanent, armed, threatened the Chairman of the doctors ‘ Union Marburger Bund, Rudolf Henke said. Only 14 to 15 percent of the employees are Doctors. Other trade unions such as Verdi would, therefore, have more members in the operation. “And then we have the Look and the absence of effective collective bargaining may conclude contracts in our sense of the word.”

The Marburger Bund had submitted one of eleven pending constitutional complaints. At the hearing in January, the First Senate had taken under the Vice-President of the court, Ferdinand Kirchhof, five of them in more detail, including the actions of Verdi and the German civil service Federation dbb. Also in the last long strike of the train drivers and the pilots in the discussion of the bargaining unit had played a role.

who/bea (dps, rtrd, archive)