Employer or union? Why a trade union is being sued

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  • Опубликовано: 8 июл 2024
  • Just a few days into the new year, and now the biggest German rail operator Deutsche Bahn is, according to the headlines, suing the train drivers' union GDL. That sounds pretty draconian, so what's the real story here? Is this because the union is trying to force communism onto us, or is the company just being evil capitalists? Or both? Or neither?
    Chapters:
    00:00 Suing a union?
    00:58 Wage contracts
    01:32 EVG vs GDL
    02:17 The GDL's employment agency
    03:18 Going to court
    04:06 GDL's contract with... itself?
    05:29 What if DB wins?
    06:33 Where we are now
    Music:
    "Hot Swing"
    by Kevin MacLeod incompetech.com/
    Creative Commons Attribution licence
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Комментарии • 122

  •  6 месяцев назад +61

    The perspective of having to "repay" salary rises is very bleak.... I hope they don't get there.

    • @darthplagueis13
      @darthplagueis13 6 месяцев назад +4

      Kinda doubt they'd do that, even if they legally had the right. DB are struggling with staff shortages as is and the last thing they'd wanna do is to piss off the workers they do have.
      I mean, if you're already concerned that other companies might poach your workers, you wouldn't wanna give those companies free PR.

  • @IzzyIkigai
    @IzzyIkigai 6 месяцев назад +47

    I mean, the fact that the GDL thinks Leiharbeit, one of the worst kinds of employment regularly used to exploit people, will make things better is some crackhead thinking but also the audacity of the DB to even open their mouth after they paid millions of bonuses to their managers for their mismanagement but will go ahead and tell people 3h less a week isn't possible. Honestly, both sides ridiculous and I pity the workers caught in the crossfire of these miniguns of idiocy

    • @rewboss
      @rewboss  6 месяцев назад +24

      In defence of the GDL, it is alleged that at least some train drivers earn less than they would working for a temp agency. The way the labour market is currently regulated is, so the claim, driving down train drivers' wages.

    • @Soordhin
      @Soordhin 6 месяцев назад +2

      Recently there have been a few examples where temp agency workers (Leiharbeiter) have actually got much better conditions than fully employed ones. Especially in the Care-work category that is now the case, with temp workers being able to freely choose when they work, how much and getting higher pay as well.
      So the concept in and of itself is not that strange, and there have been examples of unions running temp agencies as well, but as far as i know, mostly if not exclusively abroad where labor law is obviously different.

    • @denzzlinga
      @denzzlinga 6 месяцев назад

      What's the problem with Leiharbeit? At the railway you have the chance to make a ton of money with it, since you can get a lot of tax free bonuses regular workers won't get. I loved it when I was working for a temp agency within a big company.

    • @Gilder-von-Schattenkreuz
      @Gilder-von-Schattenkreuz 5 месяцев назад +1

      Its not actually a Bad Idea assuming that the Temporary Employment Company is basicly Owned by these Workers and thus the Workers get a Profit Share.
      The Reason that Temporary Employment Workers usually earn less and are treated worse. Is because the Company that Lends them away. Doesnt care much about their Benefits and Conditions at Work. And gets a Payment for Lending them out.
      Hence the Worker itself of course needing to be Paid less and have worse Conditions so that it makes Sense getting a Worker from such a Company rather than just Employing a Worker Yourself.
      But if the Company is made by a Union which will ensure Proper Working Conditions and Benefits for their Workers. And which then Shares the Profits with these Workers.
      It can actually mean that they are Paid more. Especially if the Profession they Work in has a Shortage and thus the Company thats lending them out can Demand High Payments for Lending these Limited Workers out.
      The Time Old Question is of course always how long this actually works before someone Ruins it.

    • @rewboss
      @rewboss  5 месяцев назад

      @@Gilder-von-Schattenkreuz Well, the problem with the company being "made by" a union is that this gives rise to a conflict of interests: if the union is effectively the employer, and there is a wage dispute, whose side is the union going to be on?

  • @BopsRusher
    @BopsRusher 6 месяцев назад +34

    for the german speakers i can recommend the Jung & Naiv interview of Claus Weselsky. Its over 2 hours and really is a deep dive into the motivation of the GDL for their current actions.

    • @fionafiona1146
      @fionafiona1146 6 месяцев назад

      I enjoyed that too but the press conference on launching the temp agency might be more relevant

  • @nicknemer8910
    @nicknemer8910 6 месяцев назад +18

    Thank you for putting the words with article and plural version on screen, it is very helpful for people like me, still learning German 😊

    • @rewboss
      @rewboss  6 месяцев назад +8

      Glad you appreciate it. I'm considering making this a permanent feature, if people find it helpful.

  • @InterCity134
    @InterCity134 6 месяцев назад +5

    For fun retroversum is publishing the German news (Tagesschau) broadcasts from 45 years ago (presently at Jan 4 1979) and at that time there was a massive strike / issue between the metal and electrical workers union, IG Metal, and their employers causing a fuss about the 35 hr work week (7 hr days).

  • @RawbeardX
    @RawbeardX 6 месяцев назад +105

    I love how DB acts like they are owned by a bunch of venture capitalists instead of the government.

    • @Heresor
      @Heresor 6 месяцев назад +47

      Have to thank Kohl for that. Same reason why Deutsche Post sucks now. Public Service companies just should not be expected to turn a profit, otherwise one of three things suffer: The workers, the price, or the service. Or have you ever seen an executive reducing their pay or decline a bonus?

    • @SomePotato
      @SomePotato 6 месяцев назад

      @@Heresor Oh, they are all guilty. CDU, CSU, SPD, FDP, Greens, they all voted for the "Bahnreform" and changing the constitution.

    • @InterCity134
      @InterCity134 6 месяцев назад +15

      @@Heresor well it was all the rage to privatize national monopolies in the 90’s and the EU may have its own laws on this sort of thing. The UK also privatized its railways and see how that turned out.
      There want a single railway in the world that turned a profit in the 1980’s except the Swiss and that was only because the mountain lift system at ski resorts were part of the network. So running a profit seeking business as a railway which you need to provide a public good of connectivity and reliability was never going to work in my view.

    • @bratan_archer
      @bratan_archer 6 месяцев назад +7

      DB is refusing the unreasonable 35h work week that is almost unheard of in the industry and would probably result in further degradation of the public service they provide. That's hardly something that only a venture capitalist would do. On contrary, a VC fund would sell off the unprofitable half of DB, reduce the quantity of services and create a network of companies that would hire train drivers who would now be abundant since half would be redundant.

    • @Heresor
      @Heresor 6 месяцев назад +2

      @@bratan_archer That's what they want to do though. Separating DB Logistics/Schenker from the main company

  • @andreadee1567
    @andreadee1567 6 месяцев назад +18

    When I heard your first few sentences, I was concerned. But of course it turns out to be a well informed and researched comment on what is going on. As usual.

  • @derHutschi
    @derHutschi 6 месяцев назад +62

    considering the DBs punctuality and reliability most people wouldn't have known that there was strike if the DB hadn't told them 🤔

    • @HappyBeezerStudios
      @HappyBeezerStudios 6 месяцев назад +1

      It's sort of ironic. Germany has one of the densest and most punctual rail networks in the world (only behind Japan and perhaps Switzerland), and yet we complain about the lack of punctuality and reliability. Maybe because we like to complain about things that could be even better, maybe because it isn't running as it should, maybe because we're just used to complaining.

    • @derHutschi
      @derHutschi 6 месяцев назад

      @@HappyBeezerStudios my experience with DSB (danish) is better 😅after the train had a failure the replacement trai took only 30 minutes to arrive on the same platform with all the reservations

    • @counterfeit1148
      @counterfeit1148 5 месяцев назад

      @@HappyBeezerStudios Punctual?

  • @tsume_akuma8321
    @tsume_akuma8321 6 месяцев назад +4

    As an outsider, from what I've read about the actual demands of the GDL, they are pretty... Bold.
    The current financial and operational situation with the Deutschland Ticket as well as the huge wave of retirees in senior locomotive operators has caused DB to be constantly understaffed on all fronts to the point where entire train lines have been cancelled for hours due to the lack of train operators.
    The GDL asking for guaranteed reduced hours and a pay raise in such a situation seems to me to be intentional sabotage.
    Whilst I totally understand not wanting to work the 40(38) hour work week, especially in such a draining job, in the current organisational situation, this demand seems to be intentionally designed to block negotiations from proceeding, as any unsatisfactory pay raise can be instantly threatened with a strike due to the unreasonable working hours decrease not being met.
    So whilst I am usually totally on the side of the workers, the Union seems to not want to even the playing field, but instead use the threat of strike as a bludgeon to get whatever they ask for.

    • @dumblegorethefirst3160
      @dumblegorethefirst3160 6 месяцев назад

      Thousands of traindrivers are already missing in the workforce. With simpler jobs that are less stressfull and bare no responsibilities,having nearly the same pay there won't be more traindrivers but less in the future. And at the end of the day the train drivers are on top bc the demand is way higher and the DB finally has to come to terms with it.

    • @TheEulerID
      @TheEulerID 5 месяцев назад

      In the UK, ASLEF (the equivalent of GDL) actively seek to limit the number of new train drivers as limiting the supply maximises their bargaining position. The average train driver's annual earnings in London are over £65,000 per year (about 76,000 Euros), although it is lower in other parts of the country. Included in this is a very generous occupation pension paid (depending on actual age) between 60 and 65. That's fairly attractive for what is a job that doesn't require a high level of education.

    • @dumblegorethefirst3160
      @dumblegorethefirst3160 5 месяцев назад

      @@TheEulerID 41k€ gross. No extra Pension and retirement at 67.....in a market where thousands of workers are missing...any questions?!?

  • @someguy31415
    @someguy31415 6 месяцев назад +13

    Yeah. If a train driver’s union is also their employer, how can it possibly still represent the driver’s interests?
    (This totally doesn’t mean that DB are the good guys. They’re not. But this looks like a case where a union accumulates great power, while it’s unclear if and how its employees will benefit. In general, unions are a good thing.)

  • @MoeruAcckkountu
    @MoeruAcckkountu 6 месяцев назад +6

    I'm with DB with this one. GDL are playing games. DB wants to know where the law stands and wants clear lines and boundaries drawn. Business is business, there is no black and white sun these things.

    • @firnen_
      @firnen_ 6 месяцев назад +2

      Yeah. At the end of the day DB is unsure about a legal matter and asking a court to decide it. Perfectly normal and how it should work.
      Doesnt mean they aren't run by a horrible group of executives otherwise, paying massive bonuses while simultaneously declaring they can't do anything for their workers.

  • @SvdB1124
    @SvdB1124 6 месяцев назад +4

    Interesting! But also... really weird.
    Like... I do understand that the people at GDL might want to look at different ways to improve their members' position, that they might think that the current model of negotiations - strikes - signing a deal you're not really happy withe eventually and then the whole circus all over again every few years isn't ideal for them as well...
    But then.... you should do those activities completely seperately from your activities as a union... so you should also let non-union members join, you should not have any unnecessary other relationship between the two, and ideally also have different leaders in the two. Keep them as far away from each other as possible, instead of intertwining them.
    On a sidenote, I still cannot understand how multiple unions can negotiate on behalf of people working on the same organisation at different times. I mean... it is called a COLLECTIVE LABOUR AGREEMENT for a reason, right? It's an agreement signed by a union / unions on behalf not just of their members, but of everyone working for a company (or even a whole sector of the economy). So how can it be that there are different unions for different types of employees of DB? And how can it be that they aren't negotiating together with DB (which would probably make their position even stronger)?
    I mean.. I work at a bank... imagine if there was a union for the KYC Analysts, one for the Private Bankers, one for the corporate bankers, one for the customer service staff.. and imagine that they all had completely different demands. That would be complete chaos and lead to constantly changing CLAs? Or to different CLAs for different workers? (but that's probably illegal, as it would - as far as I know - be an infringement on an employee's rights to pay an employee more or less because of the fact that that employee has or hasn't joined a (particular) unionm so you simply can't have multiple CLAs for multiple people working in the same company).
    But... at the end of the day, the outcome is always the same: passengers are screwed over. In that sense, it's hard to see how GDL and DB can disagree on so much, while both organisations seem to have exactly the same goal (screw passengers over as much as possible).

  • @benbookworm
    @benbookworm 6 месяцев назад +8

    Sounds like the co-op could also constitute some kind of anti-competitive behavior, but I have no idea how German law deals with that.

  • @COPKALA
    @COPKALA 6 месяцев назад +2

    The question whether an entity is a trade union or not is important, because as far as I know only a trade union may discuss a Tarifvertrag in Germany.

  • @KaiHenningsen
    @KaiHenningsen 6 месяцев назад +3

    Court cases about labor disputes are not exactly a rare thing in Germany. And the DB-EVG-GDL triangle has had a share of legal wrangling, though I'm not sure how much of that resulted in actual court decisions. I think the last time, DB was mostly pressuring politicians to decide that -the GDL must die- that there are not to be two unions to contract with one employer. At least there were lots of legal opinions in the media. You might say that these three have never exactly been friends.

    • @rewboss
      @rewboss  6 месяцев назад +3

      There used to be several unions that all cooperated on a united front. Most of them amalgamated to form the EVG, but the GDL refused to do so.
      Then came a law saying, as you point out, that in any company where more than one union is present only wage contracts negotiated by the largest union is valid. DB split itself into a couple hundred different companies, but only in 16 of them is the GDL the largest union.
      This means that the GDL is highly motivated to want to attract new members, and is choosing to do so by making a huge noise about championing ordinary workers and standing up to the evil corporation.

    • @MinusMOD98
      @MinusMOD98 6 месяцев назад +2

      @@rewboss Aha, so that's why DB Fernverkehr, Regio, Cargo/Logistic/Schenker and now Start Deutschland exist? Makes sense.

  • @knownothing5518
    @knownothing5518 6 месяцев назад +2

    If DB demanded back pay rises, they could get ready to have no more employees at all.

    • @theoztreecrasher2647
      @theoztreecrasher2647 6 месяцев назад

      Yep. All the train drivers would be off making a fortune conveying business execs from Berlin to Frankfurt in their high-speed Tuk-Tuks! 🤔🙄🙃

    • @rewboss
      @rewboss  6 месяцев назад +3

      It's only theoretically possible. I don't think even DB would be that stupid, or that greedy.

  • @GreyFox474
    @GreyFox474 5 месяцев назад

    The GDL is the only german union, that actually has the interest of their members in mind. Most other unions are regularly happy to accept a deal that doesn't even cover inflation and isnt worsening working conditions at best.

  • @nbell63
    @nbell63 6 месяцев назад

    Thanks, rb, complex, important, clearly explained.
    - cheers! 😊

  • @MrGreatplum
    @MrGreatplum 6 месяцев назад

    This is extraordinarily complicated for someone who is not familiar with German trade union issues but on the other hand, it’s sad to see that other country’s railways also have serious industrial disputes…

  • @Talon5516-tx3ih
    @Talon5516-tx3ih 6 месяцев назад +1

    Sounds like a tax avoidance scheme. If DB pay "Fair Train" exactly the same amount per driver then there's no more money for drivers and exactly the same "profits for executives" (shareholders get profits, and that's the state but the executives probably get big bonusses). But now FairTrain can pay their employees less and distribute the left over as dividends - to the members who are also the train drivers. Which is a well used path to pay less tax on the same income. At least it is the UK; not sure if this applies the same in Germany.

    • @rewboss
      @rewboss  6 месяцев назад +2

      I'm pretty sure the dividends would also be taxed, but don't quote me on that. But I think GDL will argue that by doing it this way, they can dictate terms: if DB wants drivers, DB will have to pay whatever Fair Train is asking, which would obviously be more than DB would agree to in a standard wage contract.

    • @Talon5516-tx3ih
      @Talon5516-tx3ih 6 месяцев назад

      @@rewboss In the UK at least the dividends would be taxed at a lower rate and you wouldn't have to pay national insurance.
      I don't see how GDL are in a stronger position. They're offering the same product (the same drivers) - they could ask for more money, but they can do that as a union anyway. DB OTOH have the advantage that it's a lot easier to drop a business supplier than it is to get rid of employees, which is one of the plus points of outsourcing. I'm sure there's a storm brewing over driverless trains and this makes it easier for DB to drastically reduce the number of drivers. Making thousands redundant is then Fairtrain's problem.

  • @gehacktetYKzZY
    @gehacktetYKzZY 6 месяцев назад

    What is going to happen on 08 th January? Why is that?

  • @crytocc
    @crytocc 5 месяцев назад

    But if Fair Train is a cooperative, then how can it be "part of" GDL to begin with? Normally company A "being part of" company B means that B has a significant ownership stake in A; but how can that be possible if the cooperative is worker-owned?
    Also, that whole "union and employees could be liable for the now-invalidated contract" seems like a pretty transparent attempt at preventing unions from becoming too mouthy, lest they risk losing everything...

    • @rewboss
      @rewboss  5 месяцев назад

      No, the contract would only become invalid if the courts rule that the GDL is now an employer, not a union. A union can get as mouthy as it likes, that's not in dispute.
      As for Fair Train being a part of GDL, that depends on a lot of factors. Sure, the workers themselves legally own the cooperative; but those workers are all members of the GDL, and it was the GDL itself that founded the cooperative. Arguably, this could mean that since GDL members will be negotiating terms and conditions of employment with GDL members, the GDL is functioning both as employer and employee. If the GDL used members' union dues to found Fair Train in the first place (everything from lawyers' fees to web hosting), then that might leave the GDL at risk of prosecution under § 266 StGB -- that is, embezzlement.

  • @jfolz
    @jfolz 6 месяцев назад +6

    Where the GDL loses me is precisely this insistence on less work time. DB is already understaffed and reducing work time by 8% will only make it worse.

    • @denzzlinga
      @denzzlinga 6 месяцев назад +1

      And why should the workers care about that?
      Because the bosses didn't hire enough staff for decades now and filled their own pockets with the great savings...
      My answer will always be, does it say idiot or jerk on my forehead? If they haven't got enough staff, just run less trains, to make ends meet again...

    • @jfolz
      @jfolz 5 месяцев назад

      @@denzzlinga in collective bargaining, both sides are supposed to negotiate in good faith. The GDL appears unwilling to accept any compromise, so they're not acting in good faith.
      To passengers, further degrading the already pitiful service DB provides is a bad thing.

    • @denzzlinga
      @denzzlinga 5 месяцев назад

      @@jfolz the bosses neither. Performance of the whole company is at an all time low, with punctuality at 60% only, the whole infrastructure is neglected, staff shortages everywhere, but they just riased their bonuses by 50%...Instead they should get their salaries lowered by 50% until everything works properly again, then they deserve a bonus.

    • @jfolz
      @jfolz 5 месяцев назад

      @@denzzlinga war klar, dass sowas zurückkommt. Wenn die DB die angeprangerten Boni in Höhe von 5 Millionen € an ihre 200000 Mitarbeiter in Deutschland auszahlt kriegt jeder sagenhafte 25€. Und zwar pro Jahr. Da werden sie sich sicher riesig freuen.
      Boni fürs Management wenns schlecht läuft sind kein guter Look, aber daran hängt es nicht.

    • @olivers.7821
      @olivers.7821 5 месяцев назад

      ​@@jfolz to think any boss would negotiate in good faith, especially in this example in which the DB has given out bonuses of millions of Euros to its higher-ups, is just stupid.
      The worker is never wrong. He is who creats the profits and he should be the one in charge of what happens with said profits.

  • @SalihGoncu
    @SalihGoncu 6 месяцев назад +1

    You have to play by the rules. If you smartass, your opponent is also allowed to do so.

  • @liamtahaney713
    @liamtahaney713 6 месяцев назад

    Very interesting story, a bit confusing just glad it isnt my railway

  • @ChaoticDucc
    @ChaoticDucc 6 месяцев назад

    My stance remains the same. I am not on DB's side, but also not on GDL's side.

  • @commentor3485
    @commentor3485 5 месяцев назад

    I thought this was a USA headline (company suing a union)

  • @namenamename390
    @namenamename390 6 месяцев назад +1

    Is the lack of music a deliberate choice or did you just forget to add it? This is a serious topic, so no music is kinda appropriate, but there are other Rewboss videos with more serious topics that have music, so I don't know.

    • @AbsoluteBarstool
      @AbsoluteBarstool 6 месяцев назад +1

      I'd hope so. A lack of music makes him very easy to listen to, for sure.

    • @rewboss
      @rewboss  6 месяцев назад +15

      I put that music behind all of my vlogs mostly to distract from the low-quality audio. But since I'm using AI tools to clean up the audio, it may be superfluous. Since several people complained about the music, I've decided to experiment with... not having music.

    • @theoztreecrasher2647
      @theoztreecrasher2647 6 месяцев назад +1

      @@rewboss The lack of Muzak is greatly appreciated! Thems that can't live without Mozart or Megadeath can blow their eardrums out with their own headphones! 🙄👿

    • @soundscape26
      @soundscape26 6 месяцев назад

      @@rewboss I prefer the videos with music, never had any problems following what you are saying and without it the video gets too... serious.

  • @dumblegorethefirst3160
    @dumblegorethefirst3160 6 месяцев назад

    Staff shortage describes the problem employers face when there are no idiots that will do it for less. /S
    Jokes aside, when there is a shortage of qualified staff and not enough interested ppl to fill the need the employers naturally should be starting to treat the existing staff very good to create an environment that attracts workers, but not the DB. They have a big overhead of vultures,sitting in offices or doing homeoffice.they bare no risk or responsibilities but they get paid way better than those who are the companys breadwinner (operational staff like train drivers). Train drivers are one of the top tier blue collar workers but here in germany they get rreated like shit. Oddly enough if i were to work for the DB UK i would earn nearly double...make that make sense...

  • @wilhelmkonigstein9698
    @wilhelmkonigstein9698 6 месяцев назад +7

    As someone who regularly uses the rail service, I can only say what an enormous pain it is to have these strikes happen every single year. Imagine if every other industry did the same. We would have a broken economy and a broken country.

    • @KyrieFortune
      @KyrieFortune 6 месяцев назад +7

      idk man france works fine

    • @puschelhornchen9484
      @puschelhornchen9484 6 месяцев назад +2

      There were like 3 or 4 days nationwide of railway strike in 2023. And non in 2022 or 2021 or 2020 if I remember correctly.
      But germans with there withering memory will complain anyway😂

    • @wilhelmkonigstein9698
      @wilhelmkonigstein9698 6 месяцев назад +1

      @@puschelhornchen9484 GDL striked in 2023 and 2021. My local city train service striked in 2022 and 2020. Don't accuse others of a "withering memory" when you don't even know yourself if you "remember correctly".

    • @wilhelmkonigstein9698
      @wilhelmkonigstein9698 6 месяцев назад +2

      @@KyrieFortune France certainly does not work fine!

    • @olivers.7821
      @olivers.7821 5 месяцев назад

      Nope, we would have a great country who has to pay their people properly.
      If for you only a country that exploits its people is good, go to the USA and kiss the shoes of the bosses there.

  • @DRCOOMER7777
    @DRCOOMER7777 6 месяцев назад

    can you please talk about Gunther Sare a man how got ran over by a Wasserwerfer 9000 in the 1985 Haus Gallus riot in Frankfurt

  • @ronaldderooij1774
    @ronaldderooij1774 6 месяцев назад +11

    Murky actions by the trade union. I think they overstepped what they were founded for and act as an employer and union alike. Impossible.

  • @InterCity134
    @InterCity134 6 месяцев назад

    A reason why I’m not going to Germany any time soon given the rail mess. It really does seem things were better in the 80’s. Until Germany gets its rail service running somewhat stably and reliably I’m not going back.
    Germany was also looking at the upcoming costs of reunification and this were motivated to get the rail workers off of the government civil service workforce with its benefits as well.

  • @jimbobjones5972
    @jimbobjones5972 6 месяцев назад +1

    Always stand with the Union!

  • @fionafiona1146
    @fionafiona1146 6 месяцев назад +3

    I watched the "jung und naïve" interview with weselski and the press conference on the founding of the temp ageny.
    First people who aren't in GFL can join the temp agency, just not buy stakes in it.
    Secondly the union contract between GDL and the temp agency is irrelevant to DB operations because they like regional train operatirs agree to the temp agency pricing or not.
    GDL wanting to get DB employees the same conditions as they guarantee temp agency staff is unsurprising

    • @someguy31415
      @someguy31415 6 месяцев назад +5

      But there’s still the unavoidable conflict of interest of the union also being an employer. In this scenario, employees lose their union representation in any potential grievance they might have against their employer (the union.)
      The only remedy is the union’s promise, “Oh, come on, guys, we’ll treat you well. No need to worry”, which is what every single union-busting capitalist says.

    • @fionafiona1146
      @fionafiona1146 6 месяцев назад

      @@someguy31415
      The legal entity of the temp agency is a syndicate with some shared members not actually part of the union structure

    • @denzzlinga
      @denzzlinga 6 месяцев назад

      ​@@someguy31415but the union isn't an employer. Employer is the cooperative fair train, not the GDL. 2 completely independent legal subjects.

  • @haeuptlingaberja4927
    @haeuptlingaberja4927 6 месяцев назад +11

    Legal, schmegal. Or a bit less Yiddishly stated: legal, illegal, scheissegal. Whatever the strange intricacies of this current Deutsche Bahn labor/capital dispute, the fundamental historical reality is that strikes have never been exactly "legal." But the early unions persevered anyway...and capital reacted typically enough with court-ordered sanctions, hired thugs and machine guns, especially here in the US. Where the once strong, triumphant unions of my youth have been completely decimated. We now have a Republican candidate for the presidency, Nikki Haley, who made her mark as the governor of godforsaken South Carolina by conspiring with BMW and Audi to outlaw unions altogether, something that these corporations could never get away with in the Vaterland.

    • @HelmutQ
      @HelmutQ 6 месяцев назад

      In Germany the most asocial social politics have always originated from the left. Die soziale Marktwirtschaft was an invention of the CDU. Cutting unemployment benefits and pensions to levels far below the European average has been enacted by the SPD, the comrades of the bosses. Germany is a very poor country in terms of median wealth, somewhere between Portugal and Slovenia. The median Italian or British family owns more than double as much.

    • @lhpl
      @lhpl 6 месяцев назад +1

      As you don't frame your claim about strikes not being legal, your comment looks US-centric and stupid. Obviously, under some conditions, strikes _are_ legal in Germany. The same is the case in Denmark.

    • @ronaldderooij1774
      @ronaldderooij1774 6 месяцев назад +1

      I think Elon Musk does the same with Tesla in the Scandinavian countries. I don't think he will make any chance of succeeding, especially over there.

    • @KaiHenningsen
      @KaiHenningsen 6 месяцев назад

      @@ronaldderooij1774 So far, it sounds like the thing in Sweden is about 12 workers. I have no way to check if this is true, of course, but if it's really only 12 that want to unionize... a few days ago, there was a letter from - IIRC - a Swedish pro-union lawyer claiming that the union's actions are hurting the Swedish model. I don't know, I'm no Swede - but it sure sounds as if it's more complicated than "Musk bad" (which, on issues like this, I can certainly believe).

    • @bratan_archer
      @bratan_archer 6 месяцев назад

      I believe the Tesla's dispute in Sweden is not about unionisation, but about Tesla's refusal to sign the collective bargaining agreement. And the issue is not Tesla workers striking (which I'm not even sure if they are), but union members in other companies refusing to e.g. deliver Tesla cars, although their companies are contractually obliged to do so.

  • @mortenpoulsen1496
    @mortenpoulsen1496 6 месяцев назад +3

    Sounds like a tesla move.

  • @BennoWitter
    @BennoWitter 6 месяцев назад +2

    It's funny, that DB says that GDL cannot legally sign a new agreement, but at the same time, they made GDL a new offer to avoid the strike on January 8th.

    • @1996Horst
      @1996Horst 6 месяцев назад +3

      Because why would they not?
      They asked a court to rule on a reading of law. Meaning they do not even know if they could potentially sue GDL. So why would they stop searching for a resulution outside of court if the prospect of actually going to court against GDL is still up for debate.
      They have nothing to loose from making offers. If they are correct the signed offers are invalid anyways, if they are wrong they now have signed agreements and don`t need to worry about more strikes for at least 3 years

    • @rewboss
      @rewboss  6 месяцев назад +3

      DB can't be certain that the court will rule in its favour. But, as mentioned, even if it does the GDL can drag this out for months or years; while that is happening, the GDL cannot actually be prevented from calling strikes.
      DB is keen to paint the GDL as being the bad guys. So if, regardless of the legal dispute, DB makes a new, improved offer but the GDL goes ahead with its strike and refuses to return to the negotiating table, DB can claim that the GDL is acting in bad faith. If, on the other hand, the GDL feels the offer is worth discussing and negotiations resume, then the GDL will be restricted to so called "warning strikes", which are usually less severe than the "enforcing strikes" it can call when negotiations are not taking place -- or, even better, they might not strike at all, at least while they consider the offer.

  • @schoenwettersl
    @schoenwettersl 6 месяцев назад

    Well, it’s time unions stop holding onto the negotiation game put into law by the state anyway!

  • @patricklarm5462
    @patricklarm5462 6 месяцев назад +7

    I hate that DB is under capitalist rule.

    • @HelmutQ
      @HelmutQ 6 месяцев назад +2

      It is not much worse. It is under green social democratic rule. It still belongs to the state.

    • @MajinOthinus
      @MajinOthinus 6 месяцев назад +5

      Lmao, "capitalist rule". Are you an edgy 13 year old?

    • @olivers.7821
      @olivers.7821 5 месяцев назад

      ​@@MajinOthinus explain me what else the business model of the DB is?

    • @olivers.7821
      @olivers.7821 5 месяцев назад

      ​@@HelmutQ just because it is state owned doesn't mean the current government is directly responsible for it. As long as tthey do nothing it remains the same from previous governments and the people really responsible for the DB might not even be changeable.

    • @HelmutQ
      @HelmutQ 5 месяцев назад

      @@olivers.7821 Denying responsibilty despite 100 % ownership, is well. irresponsible. Doing nothing is also a choice and comes with responsibility. How should a government not being able to control the railways control the country. Well they can't and this is why the sooner they go or are chased away ,the better. A minsiter of commerce not knowing what bancrupcy mean, a pedagoc for children with special needs as the one for agriculture. a party leader who overestimates the average pension by 30 percent, are just not tenable. If the farmers do their part in ridding the country of them, they deserver unanimous praise. Rien ne va plus

  • @TheEulerID
    @TheEulerID 5 месяцев назад

    There have been several instances of unions being sued in the UK because the former failed to follow the law on things like holding strike ballots. When the laws on holding ballots on industrial actions were passed in the Thatcher era, the government wisely left it in the civil, not criminal law domain.
    There are some questions that might be asked, and the first is why was Fair Train created? Just what advantage was there to the GDL union members to join this ostensible drivers co-operative? Was it simply that, but positioning themselves as a sort of agency for supplying train drivers, that Fair Train could make it more difficult for non-GDL train drivers (I'm assuming Germany doesn't allow "closed shop" arrangements).
    Incidentally, the name "Fair Train" begs a cultural question. The name of the driver co-op (which is what this seems to be) sounds like it's using English. The German for "train" is surely "bahn", and for "fair" is "gerecht" so why is it not called "gerecht bahn"? Or maybe "gerecht zug". I thought, at first, that we were just being given the literal English translation of the German name, but as the domain name of the organisation is "fair-train.de", then that surely can't be the case.
    nb. the UK is very familiar with strikes by rail staff (not just drivers), and it has been going on for a a couple of years now, but it's now more of an inconvenience level than crippling the country. Industrial action has to be announced in advance, we can plan round the disruption and the Internet means that much work can be done from home.

    • @rewboss
      @rewboss  5 месяцев назад

      In Germany, English is seen as modern and universal, and is very often used in this way. "Fair" is actually a loan word, and so appears in German dictionaries.

  • @grafrotz5286
    @grafrotz5286 6 месяцев назад +3

    There are two issues.
    1. Wiselky is coming from East Germany and
    wants revenge for the destruction of his "communist paradise"
    by damaging the public transport system.
    2. The GDL will strongly promote the development of
    KI-driven autonomous trains, where train drivers are obsolete.

    • @interekweb
      @interekweb 6 месяцев назад +2

      AI won’t cope with the complex German railway tracks system in this century.

    • @varana
      @varana 6 месяцев назад +4

      to 1.: I've rarely read more stupid takes than this one.

    • @grafrotz5286
      @grafrotz5286 6 месяцев назад +1

      @@interekweb train drivers do not control tickets but drive the train. KI actually can drive cars, trains are easier.
      there is a ticked flatrate for all trains except the ICE

    • @grafrotz5286
      @grafrotz5286 6 месяцев назад

      @@varana you can check the facts and then you see i am right. The way he acts with his GDL does not seek to improve working conditions but damage the transport system and harass the passengers. The trade unions have the right to strike against the employers, but not against the society.

    • @olivers.7821
      @olivers.7821 5 месяцев назад

      ​@@grafrotz5286 you are delusional in your observation of the goal of the GDL.
      The fact that you are attacking the one of the only workers unions that actually does it job, just makes you look like someone who wants unions gone.

  • @investmentgammler4550
    @investmentgammler4550 6 месяцев назад +1

    General Strike on 8.01.! I don't give a fuck if it is legel or illegal.

    • @HelmutQ
      @HelmutQ 6 месяцев назад

      Legal illegal scheissegal, was the slogan of the people now unfortunately in government, in the 70's. Serves them well.