Deutsche Bahn wants to take legal action against the new strike by the German Locomotive Drivers’ Union. picture alliance / Panama Pictures | Dwi Anoraganinrum
The tariff dispute at the railway could lead to restrictions for the sixth time on Tuesday.
The railway has filed an application for an interim injunction with the Frankfurt Labor Court to stop the strike.
The conflict could only be resolved if the railways gave in completely to the GDL demand after 35 hours, says political scientist Wolfgang Schröder.
The ongoing tariff dispute at the railway has been presenting passengers with major challenges for weeks. On Tuesday there could be restrictions for the sixth time due to labor disputes by the GDL union. Even the railway’s attempt to stop the strike through court is unlikely to change much. The group has filed an application for an interim injunction before the Frankfurt Labor Court.
What do passengers have to prepare for?
Regardless of whether the courts stop the strike or not, significant restrictions are expected on the railways on Tuesday. A decision was not expected until later Monday evening. It is considered unlikely that the railway will withdraw the already planned emergency timetable and restore the full service by the start of operations on Tuesday morning. Therefore, as with previous strikes, one in five long-distance trains is expected to be on the move. In regional transport, traffic could possibly return to normal more quickly in some places.
How long will the strikes last?
The tariff dispute at the railway has been going on for months. Even a moderated negotiation phase with external mediators did not produce any results. Despite weeks of discussions behind closed doors, a proposal from the moderators to reduce working hours for shift workers from 38 to 36 hours was rejected by the GDL. The political scientist Wolfgang Schröder from the University of Kassel is of the opinion that the conflict can only be resolved by completely giving in to the GDL’s demand for a 35-hour week. “So it’s no longer a question of if, but of how,” he says. “The railway management should better recognize this sooner than later and negotiate on this basis.” The GDL’s demand for a 35-hour week without loss of wages is considered crucial.
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Is it the toughest tariff conflict on the railway?
The assessment of the severity of the current collective bargaining conflict between the GDL and the railway depends on the standard chosen. The collective bargaining dispute between the GDL and Deutsche Bahn was more intense in 2014/2015, both in terms of the duration of the conflict and the number of industrial disputes. At that time, the conflict lasted a whole year and only formal mediation led to an agreement. At that time, the GDL carried out two warning strikes and six strikes, which repeatedly brought traffic to a standstill.
The current dispute began in November and is now approaching that period in terms of the number of industrial disputes. After two warning strikes in November, a strike vote among members followed in December, which made indefinite strikes possible. If there were another industrial dispute on Tuesday, it would be the fourth strike since the vote and the sixth overall in the current collective bargaining dispute.
For some passengers, the current conflict may seem much longer, as last year the larger EVG also negotiated higher tariffs for months, which also led to labor disputes. Just a few months after an agreement with the EVG, the GDL collective agreement expired.
Why do GDL-Bahn tariff conflicts escalate so often?
The role of the GDL in the railway is crucial to the current conflict. In addition to the EVG, the GDL is the smaller of the two unions that compete for members at the group. The Collective Bargaining Unity Act stipulates that only the collective agreements of the stronger employee representation apply in a company. That’s why the train drivers’ union is stubbornly trying to win members and show that it can offer its members more, says Monika Schnitzer, head of the business community. If only one union was represented at the railway or if different contracts could be applied, the conflict would be less intense.
In addition, the GDL represents a smaller number of employees, mainly train drivers and train crews, but these are indispensable for train operations. Therefore, a strike by these workers automatically has a major impact.
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Could formal arbitration be a way out?
Deutsche Bahn has again called on the GDL to return to the negotiating table and accept formal arbitration. GDL boss Claus Weselsky rejects this and refers to the failed negotiations in which experienced arbitrators were present. Although they could make suggestions, these were not binding. Formal arbitration requires a prior agreement between the collective bargaining parties that provides for the possibility of a binding arbitration award. It is not yet clear that the union agrees to this solution.
What should we make of demands to replace negotiators?
The demand for an exchange of negotiators in the collective bargaining dispute between the GDL and the railway is mainly raised by the Union. Union parliamentary group deputy leader Ulrich Lange emphasized that the current negotiators, railway personnel director Martin Seiler and GDL boss Claus Weselsky, had to clear the way for new negotiators. But such an exchange is not so easy to carry out.
“It works with railway management,” explains political scientist Schröder. “This is a private company. And if they say the man can’t do it – which is obviously the case – someone new can come in.” So far, however, there are no signs that the company wants to replace Seiler.
An exchange at the GDL is even more unlikely. “This is a democratically elected representative against whom there are no reservations from within his own ranks,” emphasizes Schröder. “In this respect, there is no basis for this.”
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Should the federal government intervene?
In view of the deadlocked conflict, calls for intervention are becoming louder. CSU General Secretary Martin Huber emphasized the need for the federal government to intervene in the negotiations. Federal Transport Minister Volker Wissing was critical of the GDL’s behavior. Nevertheless, the federal government emphasized again that it would not interfere. Government spokesman Steffen Hebestreit underlined the importance of collective bargaining autonomy in Germany and emphasized that Germany has been successful with it for many years.
“It would certainly be unpleasant if there was an intervention in front of the cameras, because with this symbolism it would have far-reaching effects on our understanding of collective bargaining autonomy,” explains Schröder.
AA/dpa