Temporary injunction affirmed – GDL no longer permitted to strike on school transport

HEUKING employment lawyers Veit Päßler and Annemarie Rott successfully represented City-Bahn Chemnitz GmbH in securing a temporary injunction against the Union of German Train Engineers (Gewerkschaft Deutscher Lokomotivführer, GDL). Yesterday, the Saxon State Labor Court upheld the Chemnitz Labor Court’s decision, largely affirming the temporary injunction against GDL. The court ruled that GDL must announce any future strike actions at least 96 hours in advance to ensure the continuity of school transport. Additionally, GDL is required to cooperate in maintaining school transport services, which includes refraining from striking the trains and essential operations management and dispatchers involved in school transport. As a result, wave strikes by GDL are no longer permissible.

GDL has been increasingly employing wave strikes, announcing strike measures on short notice or not at all, to limit the reaction time of companies and disrupt their ability to establish emergency timetables.

Yesterday’s decision by the Saxon State Labor Court, which removes this critical strike tool from GDL in the public services sector, is significant for all companies operating in this field, particularly those involved in school transport.

GDL is increasingly using these wave strikes to limit the reaction time of the companies by announcing strike measures at short notice or even not at all and to set up emergency timetables.

“We are very pleased with this outcome. This is likely the most significant restriction ever imposed on GDL’s right to strike,” said Veit Päßler, HEUKING Partner at the Chemnitz office.

The entire ruling is expected to be available in the week following next.

Every weekday, some 1,800 children and young people rely on City-Bahn lines for school transport. The strike has disrupted school transport services multiple times in recent weeks. Consequently, City-Bahn, supported by Chemnitz-based Partners Veit Päßler and Annemarie Rott, sought a temporary injunction in court.

Counsel to City-Bahn Chemnitz GmbH

Veit Päßler (Lead, Employment, Litigation),
Annemarie Rott (Employment), both Chemnitz

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