Category Archive: Strike

Strikes Against Industrial Peace Provisions Unlawful, Says Federal Court

As airport and airline strikes have become an almost annual event, in a landmark decision the Federal Labour Court (Bundesarbeitsgericht, BAG) has ruled on the obligation to pay damages in the event of an unlawful strike (judgment dated 26 July 2016, docket number 1 AZR 160/14).. The relevant strike occurred in 2012 when the Air …

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Pilot strike held unlawful

On 9 September 2015 the Higher Labor Court Hesse (Landesarbeitsgericht Hessen) held the current Lufthansa pilot strike unlawful and issued a preliminary injunction against the pilots union “Cockpit” (ref. no. 9 SaGa 1082/15). The current strike was number 13 in a series in the tariff (collective agreement) dispute which has already lasted for over a …

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Hard touch down for aviation companies’ damage claims

On 25. August 2015 the Federal Labor Court (Bundesarbeitsgericht) ruled that a supporting strike by a third party occupational group which is not part of the labor dispute but is represented by the union involved will not entitle the affected third party companies to damages (ref. no. 1 AZR 754/13). In several parallel cases which …

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The deployment of public officials during the Verdi strike

The Labor Court Bonn (Arbeitsgericht Bonn) decided on 26 May 26 2015 (docket no.: 3 Ga 18/15) that Deutsche Post AG may deploy public officials to replace the striking employees during the current strike for higher wages and shorter working hours . In the current strike, Verdi pursues a reduction of the regular working hours …

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Trade union initiated flash mob actions may be lawful

The Federal Constitutional Court (Bundesverfassungsgericht, BVerfG) decided on March 26, 2014 (docket number: 1 BvR 3185/09) that so-called flash mob actions accompanying a strike which are initiated by a trade union do not violate constitutional rights of employers. A flash mob is a group of people who assemble suddenly in a public place, perform an …

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Be aware…

DLA Piper publishes regularly a newsletter in German with recent news about employment law. The February issue of the DLA Piper “Be Aware” Newsletter provides a summary on proposed laws according to the coalition agreement as well as an overview on important labour court decisions. The newsletter contains decisions about consequences of not only temporarily …

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No call for strike from a company e-mail account

The Federal Labour Court (Bundesarbeitsgericht, BAG) ruled on October 15, 2013 (docket number – 1 ABR 31/12) that employees are not allowed to call for strike via their company e-mail accounts, if the private use of their company e-mail accounts was not allowed. This is good news for German employers who have been burdened with …

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