MIL OSI Translation. Region: Germany / Deutschland –
Source: DGB – Bundesvorstand21.12.2020Current judgmentsThe right to strike has high priorityJudgment of the Stuttgart labor courtThe Stuttgart trams transport company (SSB AG) cannot demand that the warning strike announced by the ver.di union is prohibited and that the union revokes the strike call.
Warning strike rally of the DGB unions in the 2019 collective bargaining round in the public service of the federal states on February 26, 2019 on the Bebelplatz in Berlin DGB
The case: The trade union ver.di has for the 20./21. October 2020 SSB AG employees in the areas of contact line, train protection, infrastructure (track construction) and in various workshops called for a warning strike. In the opinion of SSB AG, proper driving would not be possible without the areas affected by the warning strikes. Overcrowded S-Bahn trains and, given the corona pandemic, increased numbers of infections are to be expected. This is unacceptable, the warning strike is disproportionate. The application to prohibit the warning strike was unsuccessful. The Labor Court: A strike can only be prohibited by an injunction if it is obviously illegal, which is not the case here. Industrial action in the area of services of general interest is subject to specific restrictions in order to prevent disproportionate interference with the common good. In the present case, however, it has not been sufficiently demonstrated that the planned warning strike would lead to a disproportionate interference with the common good, that it would – despite the corona pandemic – involve an increased health risk for third parties. With regard to the areas affected by the strike call, it is not evident that there is therefore a high probability that all or most of the light rail and bus traffic will come to a standstill on both days, with the result that the number of passengers will be significantly shifted to the S-Bahn The associated increased health risk for passengers, Stuttgart Labor Court, decision of October 19, 2020 – 15 Ga 54/20
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