Background and Significance of the Support Strike
A support strike is a specific form of industrial action in which groups of employees enter into a labor dispute in solidarity with another party entitled to collective bargaining, in order to strengthen their negotiating position or facilitate an agreement. The current discussion focuses on the extent to which such a support strike – especially in connection with a joint application for the general binding declaration of a collective agreement pursuant to § 5 TVG – is legally permissible under labor law.
With its judgment of 9 October 2024 (Case No.: 8 SLa 582/24), the Regional Labor Court of Cologne set an important precedent. The court subjected the conditions for the permissibility of a support strike in favor of a joint application for general binding status to closer scrutiny, taking into particular account the purpose, the collective bargaining capacity of the parties involved, and the relationship between industrial action and collective autonomy.
Legal Framework for Industrial Action
Collective Autonomy and Industrial Action
Collective autonomy, protected by Article 9(3) of the Basic Law, forms the normative framework of labor dispute law. It allows the collective bargaining parties to use industrial action as a last resort to enforce collective labor law objectives. Traditionally, strikes aim to conclude collective agreements or enforce specific demands – e.g., wage and working time regulations.
Distinction: Support Strike and Main Industrial Action
Unlike the main industrial action, which directly pursues one’s own collective bargaining objectives, the support strike is an active aid mechanism for another union or employee group and serves a subsidiary function. The permissibility of a support strike depends on various factors, such as whether a collectively bargained purpose is pursued and whether there is a situation of industrial conflict.
Focus: Application for General Binding Status
The general binding declaration of a collective agreement under § 5 Collective Agreements Act (TVG) is a central instrument of sector-wide collective agreement coverage in Germany. Such an application can ensure that essential collective agreement contents also apply to employees and employers not bound by collective agreements. For the permissibility of a support strike aiming at a joint application for general binding status, it is decisive whether this objective falls within collective autonomy and can be considered a legitimate industrial action goal.
Key Considerations of the Regional Labor Court of Cologne
The Regional Labor Court of Cologne developed specific criteria for the legal assessment of support strikes in the mentioned ruling:
Legitimate Industrial Action Goal
According to case law, a strike must regularly pursue a collectively bargained definable objective. A joint application for a general binding declaration is formally different, as it does not necessarily aim at altering the contents of the collective agreement, but rather its legal extension. The court therefore examines whether the extension of the scope – as a means to secure the effectiveness of a collective agreement – can be regarded as a sufficiently collective bargaining-eligible objective.
Principle of Proportionality
The central standard for review remains the principle of proportionality. A support strike must be suitable, necessary, and appropriate to achieve the intended goal. Particular importance is attached to the impact of the strike on third parties and the extent of impairment of the entrepreneurial freedom of action.
No Circumvention of Collective Bargaining Capacity
It is also decisive that the industrial action is not misused as a vehicle to circumvent collective bargaining law requirements. It is mandatory that the support strike does not pursue independent objectives outside of collective autonomy but is clearly situated within the context of an overall collective bargaining-eligible goal.
Implications for Practice and Collective Partnership
The decision of the Regional Labor Court of Cologne clarifies the conditions under which a support strike in the context of a joint application for general binding status may be permissible. It strengthens the importance of collective autonomy but at the same time makes clear that industrial action measures must be aimed at a sufficiently specific, legally relevant collective bargaining purpose. For employers and unions, this means that support strikes must be carefully examined regarding their objective and legal basis.
Furthermore, the ruling underlines the necessity of drawing a clear line between legitimate means of industrial action and abusive strike forms. Thus, the decision creates an important framework of orientation for future collective bargaining disputes in which the general binding declaration of collective agreements plays a pivotal role.
Significance for Companies and Employees
Companies are well advised to closely monitor developments in labor dispute law and case law concerning general applicability, as this can directly affect operational processes, personnel strategies, as well as the planning and execution of collective bargaining negotiations. The decision also opens new perspectives for collective disputes within the framework of the collective agreement for employees and their representatives.
Conclusion and Outlook
The decision of the Labour Court of Cologne clarifies that the admissibility of sympathy strikes with the specific aim of a joint application for general applicability is subject to careful legal examination and depends on several requirements. In particular, compatibility with collective bargaining autonomy, a clearly defined labor dispute objective, and adherence to the principle of proportionality are central to the legal assessment.
This specification of the legal framework for labor disputes provides both employers and employees with a more reliable standard of orientation for organizing and assessing sympathy strikes in collective bargaining practice.
For companies, employee representatives, and other collective bargaining participants, it is advisable to continuously follow current developments due to the complex legal issues involved and to conduct a qualified legal review in case of further questions.
If you require detailed information or individual legal consultations regarding labor dispute law aspects and their impact on your company, the lawyers at MTR Legal are gladly available to assist you.
