Rail strike looms - How long can the GDL paralyze the country?
The festive period of reflection is over, and with it the "Christmas truce" - and so rail customers could soon be facing the next labor dispute. The sticking point in the dispute between Deutsche Bahn and the German Train Drivers' Union (GDL) remains the demand to reduce the working week from 38 to 35 hours - with full pay compensation. The situation is deadlocked and the GDL is threatening to strike from January 8.
Theoretically, these would be possible indefinitely, as 97 percent of members voted in favor of this in the necessary ballot in December. However, Chairman Claus Weselsky emphasizes that the company is aware of its responsibility and is talking about a duration of between three and a maximum of five days. Strikes would be announced 48 hours in advance. The GDL's longest strike to date was in May 2015, when it brought passenger transport to a standstill for five days and seven hours. Freight transport was even at a standstill for eleven hours longer.
"There is no maximum duration"
In principle, the GDL can actually strike for as long as it wants: "The right to strike is a fundamental right. There is no maximum duration," says Stefan Greiner, a labor law expert at the University of Bonn. However, the question of proportionality is legally relevant. A small trade union can cause great damage to the company and society. Courts have to decide when it becomes too great. "This is the case when the rights of third parties are too severely restricted. For example, if people are permanently unable to get to work or supply chains collapse," says Greiner.
However, the lawyer believes this scenario is unlikely: "It helps that two unions are competing with each other at Deutsche Bahn. While one union is on strike, the members of EVG and non-unionized employees make it possible for the emergency timetable to work. "EVG stands for Eisenbahn- und Verkehrsgewerkschaft (railroad and transport union) - with around 185,000 members, this union has more than four times as many members as GDL.
Deutsche Bahn is taking legal action against the GDL
Incidentally, strikes are also illegal if demands are unlawful. In 2021, Deutsche Bahn used this argument to try to stop a GDL strike in court - but lost in two instances.
Deutsche Bahn is also currently taking legal action against the GDL. The company filed a lawsuit with the Hessian State Labor Court on Tuesday. It is questioning whether the union is allowed to negotiate collective agreements at all. DB personnel director Martin Seiler accuses the GDL of acting as both an employer and a trade union by operating a temporary employment agency. According to Deutsche Bahn, this forfeits the ability to negotiate collective agreements. However, a decision is likely to take some time and the lawsuit is unlikely to have any impact on the strikes currently announced.
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The top message for rail customers could be the announcement of a strike by the GDL, potentially impacting both passenger and freight transportation. The dispute between Deutsche Bahn and the German Train Drivers' Union (GDL) over working hours is ongoing in the city of GDL, Germany. germans relying on the german railroad may face disruptions due to the potential strike.
Source: www.stern.de
