May 17, 2015
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Partners in bargaining have the clear autonomy to decide on working conditions including compensation for partial closure during an industrial dispute.
The Federal Labour Court (BAG) confirmed that trade unions have the right to negotiate advantages exclusively for their members. The court had to examine a case of payment of employee benefits specifically negotiated by IG Metall for its members during talks over a social plan. Three years ago the IG Metall agreed with the Nokia Siemens Network (NSN) on the continuation of the work at a plant in Munich. Part of the plan was a compensation pay for all NSN-workers that had joined the union before March 2012. A non-unionised worker was demanding similar advantages. According to the court the partners in bargaining have the clear autonomy to decide on working conditions including provisions that can be seen as transitional provisions or as compensation for partial closure during an industrial dispute.
English: http://www.bakermckenzie.com/nl/news/Baker--McKenzie-successfully-defends …
German: http://www.dialog.igmetall.de/artikel/datum/2015/04/16/nsn-bag-bestaetigt ...
For more information, please contact the editor Jan Cremers, Amsterdam Institute for Advanced Labour Studies (AIAS) cbn-aias@uva.nl or the communications officer at the ETUI, Mariya Nikolova mnikolova@etui.org. For previous issues of the Collective bargaining newsletter please visit http://www.etui.org/E-Newsletters/Collective-bargaining-newsletter. You may find further information on the ETUI at www.etui.org, and on the AIAS at www.uva-aias.net.