(Stuttgart) Several on 12/15/2010 by the Fourth Division of the Federal Labor Court (BAG) decided Parallel cases have unionized plaintiffs claims for tariff benefits claims of a salary and wage agreement of the retail trade in Saxony Anhalt.
this case, the Stuttgart labor law specialist Michael Henn, President of the VdAA - Association of German labor law lawyers e. V., headquartered in Stuttgart, was it essentially a question of whether the defendant is bound by the requirements underlying collective agreements from 2006 or was already in 2001 effectively changed from full membership of a member without bargaining coverage (OT membership).
The Senate confirmed its previous case law, an employer may provide to the association in its charter membership in an OT-phased, not the collective bondage in accordance with § 3 para 1 TVG out. According to this model, employers subject to collective constraint, together with such organized without a collective bondage under one roof. However, it must be ensured by the statutes that OT-members on collective political decisions have no direct influence. For the functioning of collective bargaining requires a view to concluding collective agreements and their normative effect on third parties affected by this principle with respect to the synchronization of responsibility and concern of the collective agreements. This can also be assured by a very general, but clear rules to separate the powers of OT and full members.
After these Standards had opened one of employers' organization affected the ability of OT-effective membership. This defendant had used the 2001, so they concluded subsequently to the collective agreements, which were based on the plaintiffs was not committed and dismissed the complaints with the courts below were.
on the effectiveness of the removal of tariff constraint also changed the provision is nothing that the transfer statement "until the expiration of the applicable collective agreements" works. These statutes, though not literally, but for meaning, purpose and collective integrity of the end as an indication of the in § 3 paragraph 3 TVG anyway resulting to understand the law. (BAG, ruling of 15 December 2010 - 4 AZR 256/09 - and others).
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