Last November, the Verdi union itself recalled how its predecessor organization ÖTV once achieved great things. At the “dialogue evening” in Bochum, a historian and several contemporary witnesses remembered February 10, 1974 under the motto “All wheels stood still”.
At that time, union chairman Heinz Kluncker led public sector workers on strike for the first time in the history of the Federal Republic. Chancellor Willy Brandt, among others, had previously rejected the demand for a 15 percent increase in salary. After just three days, the pressure was so great that the employers made concessions to the union. An agreement was finally reached at eleven percent.
The union itself draws parallels to what it considers a “legendary” strike. Then as now, according to its report on the event, an energy crisis “paralyzed the economy”, “inflation and rising prices are a social issue”, try a social democratic one Chancellor “to become the master”. And once again, a union is making “ambitious” collective bargaining demands.
Verdi and the German Association of Civil Servants did indeed do that at the beginning of the talks with the employers. They demand 10.5 percent more salary for the approximately 2.4 million employees. In order to promote low earners in particular, the surcharge should be at least 500 euros. “It’s simmering in the public service,” said Verdi boss Frank Werneke at the beginning of the talks. The head of the civil service association, Ulrich Silberbach, even threatened a “lockdown”. If trams stand still, daycare centers are closed and the rubbish remains uncollected, it becomes “uncomfortable” in the country.
Civil servants are not allowed to go on strike. This was last confirmed by the Federal Constitutional Court four years ago. Four teachers complained that, unlike their employed colleagues, they were not allowed to stop working. The procedure has even dealt with the European Court of Human Rights.
The employees of the federal, state and local governments, on whose wage agreements the remuneration of civil servants is regularly based, are allowed to go on strike, just like employees in other sectors. In doing so, they benefit from a legal situation in Germany that is favorable to them and court rulings that are friendly to the trade unions.
“Unlike in other countries, industrial action in Germany is not regulated by law,” says Gregor Thüsing, professor of labor law at the University of Bonn. Abroad, there were binding regulations on the announcement of strikes and binding arbitration. “Politicians are reluctant to tackle the issue because it’s a hot potato.” If the level of suffering is high enough, there will be changes at some point. A lot is vague at the moment.
This applies, for example, to the concept of services of general interest. This distinguishes the right to strike in the public sector from other sectors. “Emergency operation must be guaranteed in this area,” says Lena Rudkowski, Professor of Civil Law and Labor Law at the University of Giessen. Because of their enormous importance for the population, hospitals, nursing homes and also schools and kindergartens must ensure at least a minimum of activity.
The same applies to train or bus transport. In detail, however, it is unclear how extensive this emergency operation must be. It should be perfectly acceptable for the garbage disposal to leave the bin where it is. “It’s about an existential minimum,” says labor lawyer Thüsing.
In the past, the question has repeatedly arisen as to whether a strike might be disproportionate. This applies, for example, to targeted work stoppages in air or rail traffic during the holiday or Christmas season. The answer of the important judges was almost always no. “The case law of the Federal Labor Court is very employee-friendly,” says labor law professor Rudkowski.
Matthias Jacobs ultimately considers this to be consistent. “The aim of an industrial dispute is to exert pressure and the courts do not want to take the effect in advance,” says the professor at the Bucerius Law School in Hamburg. Apart from the occasional obligation to provide emergency service, there are therefore no special limits in the public service.
Instead of resorting to legal tricks, employers are currently primarily relying on appeals to their counterparts for economic insight. In view of the high level of federal and local government debt, the taxpayers’ association warned against closing the deal too high. Karin Welge, President of the Association of Municipal Employers’ Associations (VKA) was convinced that “at the end of the day there will be a good compromise”.
From their point of view, the union had also achieved this in 1974. Chancellor Brandt resigned a few weeks after graduation. To this day, some historians see the hard labor dispute as a reason for the resignation. The union strenuously denies any responsibility.
“Everything on shares” is the daily stock exchange shot from the WELT business editorial team. Every morning from 7 a.m. with our financial journalists. For stock market experts and beginners. Subscribe to the podcast on Spotify, Apple Podcast, Amazon Music and Deezer. Or directly via RSS feed.
