The German trade union DHV has filed a constitutional complaint under file number 1 BvR 2387/21 against the decision of the Federal Labour Court (BAG) of June 22, 2021 because of the incomprehensible withdrawal of tariff eligibility. Incomprehensibly, the BAG believes that the DHV cannot (no longer) rely on its collective bargaining tradition and collective agreements because of a completely normal amendment to the statutes that have been adapted to the changes in the world of work, and that, in this respect, it is not in a position to negotiate on an equal footing with the employer.
This assessment is a disrespect for all the committed DHV members who have been involved in collective bargaining commissions for a long time and have worked on a voluntary basis to ensure that there is reasonable collective wage income in the areas in which the DHV does collective work.
“DHV has been a union since it was founded more than 125 years ago, and it still is. We are sure that the Federal Constitutional Court will also recognize this,” emphasizes Henning Röders, President of the DHV.
“The BAG has not only applied a completely excessive and thus unconstitutional standard to the DHV tariff eligibility, but also measured two standards with regard to the DGB unions leading the procedure! The decision of the BAG has nothing to do with an objective procedure based on transparent and comprehensible criteria!”, Röders added.
“There is also good trade union work outside of the DGB, which the DHV has proven for over a 125 years. Together with our loyal members, we will shape the future and bring our ideas into the collective bargaining work and take them up again when the Federal Constitutional Court has decided in our favour,” Röders concludes.
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