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Law and JusticeGermany

Deutsche Bahn loses second appeal against rail strike

September 3, 2021

Germany's Deutsche Bahn rail company has failed a second time to put an end to ongoing industrial action that has crippled train services. Three-quarters of long-distance trains are out of action.

https://p.dw.com/p/3zrjP
Train station announcement board showing several canceled trains
Train drivers are carrying out their third bout of industrial action in a matter of weeksImage: Frank Rumpenhorst/dpa/picture alliance

A Frankfurt court on Friday rejected Deutsche Bahn's (DB) second attempt to try and bring in an injunction against an ongoing train drivers' strike after its first legal challenge failed on Thursday.

The strike called by the GDL train drivers union  entered its third day on Friday after a Frankfurt labor court upheld the legality of its labor action.

"We were aware that the hurdles in summary proceedings are very high and that the right to strike in Germany is legally safeguarded with good reason," a Deutsche Bahn spokesperson told the German dpa news agency before the court gave its ruling.

 "Nevertheless, we see it as our responsibility to leave no stone unturned in ending the strike in the interest of our customers," the spokesperson added.

Only a quarter of trains running

The strike, which is set to last until Tuesday morning, has left 75% of long-distance trains out of operation as well as 60% of regional and metropolitan trains.

Deutsche Bahn had accused the GDL of pursuing political aims rather than an improvement of working conditions. The court on Thursday rejected the attempted injunction on the grounds that the aims of the strike could not be proved.

"We will continue with the industrial action until Deutsche Bahn makes a materially sensible offer," GDL leader Claus Weselsky said on Thursday. The union has said it is open to compromise but has rejected previous offers made by Deutsche Bahn bosses as insufficient.

The GDL, which held two strikes in August, is demanding a 3.2% increase in pay for drivers, in addition to a coronavirus bonus of €600 ($710).

Dresden main station is empty on Friday morning amid the strike
Train drivers are calling for better pay and improved working conditionsImage: Matthias Rietschel/dpa/picture alliance

Debate over collective bargaining

Labor lawyer Matthias Jacobs told German public radio broadcaster Deutschlandfunk that the cause for the current strike is the Unified Collective Bargaining Act that stipulates that there can only be one collective bargaining agreement within a company.

This means that a union needs to mobilize over half of a company's employees in order to push through any change. This in turn means unions have to fight for more members "and that's exactly what GDL is doing now," Jacobs explained, adding that the act should be abolished.

The premier of the state of Thuringen, and member of the Left party, Bodo Ramelow said the strike was foreseeable and that he considered the Unified Collective Bargaining Act a mistake, Deutschlandfunk reported.

ab/sms (dpa, Reuters)