State Labor Court: Urgent application rejected by the train drivers’ union

State Labor Court: Urgent application rejected by the train drivers’ union

The conflict between GDL and Deutsche Bahn is still in full swing. Now the union has to take a setback. An urgent application was rejected in a further instance.

The union of German locomotive drivers (GDL) is fighting in court for the application of its own collective bargaining agreements in Deutsche Bahn companies – and has now failed in another instance with an urgent application.

“The regional labor court – like the labor court in Berlin (…) – rejected the application,” said the court. There is already a lack of “the necessary urgency of the matter because the labor court in Berlin will be negotiating the GDL’s request in the main proceedings in just one month.”

The GDL sees its influence on the railways at risk due to the so-called unified tariff law. The law stipulates that in a company with two competing trade unions only the collective agreements of the employee representatives with a larger number of members apply. In the case of Deutsche Bahn companies, this is usually the larger railway and transport union (EVG).

The GDL did not participate in a notarial procedure in which the exact membership strength of the trade unions in the respective companies was to be determined in the spring. As a result, Deutsche Bahn made “reasonable assumptions” about the size of the respective membership, based on the results of works council elections, among other things. Accordingly, the GDL only has a majority in the workforce in 16 of the 300 railway companies.

The union is taking legal action against this determination, but has so far been defeated in its urgent motions before the labor courts in Frankfurt and Berlin.

In the ongoing tariff conflict with Deutsche Bahn, the GDL wants to comment on how to proceed on Friday. The union had paralyzed large sections of rail traffic for two days in the past week. The first strike was announced for passengers 15 hours in advance. Weselsky had assured on Tuesday that it would provide information about the start of the strike earlier than the first time.

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