Press Release No. 29/2010 IG Metall Welcomes Federal Labor Court Ruling on Trade Union Status

Erfurt/Frankfurt am Main – IG Metall has welcomed the Federal Labor Court’s decision regarding the union status of the so-called Union for the Plastics and Wood Processing Industries (GKH) within the Christian Trade Union Federation (CGB). “The decision is a step in the right direction. With this ruling, the court makes it clear that an organization can only be considered a union if it is capable—in terms of its organizational structure, finances, and membership—of enforcing demands against employers even in the event of a labor dispute,” said Thomas Klebe, legal counsel for IG Metall, on Tuesday in Frankfurt. It is not enough for a union to be “gifted” collective bargaining agreements by employers. For employers, the decision sends a clear signal to stop using pseudo-unions for wage dumping.

According to the union, the Federal Labor Court, acting on a motion by IG Metall, overturned the contrary ruling of the Hamm Regional Labor Court and remanded the case. The Regional Labor Court had—wrongly—recognized the union’s status and must now reexamine the requirements for such recognition. “Only the ability to assert itself and its power can ensure that employees receive fair working conditions through collective bargaining agreements,” Klebe added.