The Frankfurt Labor Court has rejected an interim injunction against the GDL’s strike call. The strike on rail passenger transport can therefore begin at night. The company announced an appeal.
The train drivers’ strike by the GDL union can take place as planned. Deutsche Bahn initially failed in its attempt to stop the strike using legal means. The Frankfurt Labor Court rejected an interim injunction against the strike call and classified the strike as “not disproportionate”.
The chamber of the labor court rejected the application by the employers’ association AGV Move, which is negotiating on behalf of Deutsche Bahn, to prohibit the “announced strike measures by the GDL against various companies in the DB Group,” the court said. The AGV Move had argued that the strike announcement was far too short-term and that there were also “unlawful demands”. The court rejected this.
Deutsche Bahn wants to appeal
The railway announced that it would appeal the decision and “have the verdict reviewed in the second instance before the Hessian State Labor Court,” as the company said in a statement. “In the interests of our customers, we (…) are doing everything we can to stop the wave strike,” emphasized Florian Weh, general manager of the AGV Move association.
The GDL federal chairman Claus Weselsky was satisfied with the decision. “The court has confirmed it once again: the GDL strikes are proportionate, permissible, legal and therefore suitable for pursuing the legitimate demands of the railway workers through industrial action.” The train drivers’ union now hopes “that the Hesse State Labor Court will confirm the legality of our industrial action,” he emphasized.
Passenger transport strike begins at night
The GDL had already started its freight transport strike on Monday at 6 p.m. For passenger traffic it is scheduled to start at 2 a.m. on Tuesday. There will once again be extensive restrictions on long-distance and regional transport for 24 hours.
The railway announced that, as planned, it would initially provide a “basic offer” of around 20 percent of the usual long-distance timetable. It is not possible to predict when the decision will be made in the appeal process.
On Sunday evening, the GDL called for the next strike in the ongoing collective bargaining dispute with the railways, and this was done at significantly shorter notice than in the previous industrial disputes. GDL boss Weselsky wants to increase the pressure on the railways with such “wave strikes”. The railway had sharply criticized the “far too short lead time of just 22 hours” for the strike. This is a “blatant imposition” for passengers. During the ongoing conflict, the company had already tried to legally prevent a labor dispute by the GDL – but without success in two instances.
Strikes at Easter cannot be ruled out
Railway representative Weh emphasized before the labor court that the company could imagine a re-entry agreement in negotiations – based on the most recent compromise proposal by moderators Thomas de Maizière and Daniel Günther or entering into formal arbitration.
However, the GDL demanded further accommodation and is not prepared to call off the strike. After negotiations failed again, the railway called on the union to hold further talks at the end of last week. The GDL tied this to the condition that the railway had to submit a new offer. The union’s ultimatum to the company’s management expired just over two hours on Sunday evening when the GDL announced the strike.
35 weeks as a sticking point
This is the sixth industrial dispute in the collective bargaining dispute with the railway that has been simmering for months. The GDL is fighting for higher salaries and fewer working hours. The crux of the matter is the requirement that shift workers should work 35 instead of 38 hours a week for the same money. In a moderation, the railway accepted a compromise proposal. This envisaged reducing working hours to 36 hours in two steps by 2028. The GDL refused and left the talks