German judge forbids ATC strike

[Passenger]

The appeal from the unions against the verdict is expected on Wedsnesday evening, so the strike is not officially over yet.

"...Die Flugsicherung hat vorerst ein Verbot gegen den für Donnerstag geplanten Streik der Fluglotsen erwirkt. Gegen diese Entscheidung kündigte die Gewerkschaft aber Berufung an. Noch im Laufe des Mittwochabends wird ein Ergebnis erwartet. Die Deutsche Flugsicherung (DFS) hat vor dem Arbeitsgericht in Frankfurt ein Verbot gegen den für Donnerstag geplanten Streik der Fluglotsen erwirkt. Die von der DFS vorgebrachten rechtlichen Bedenken der DFS gegen einzelne Tarifforderungen der Branchen-Gewerkschaft GdF hätten ausgereicht, den für den Donnerstag geplanten Arbeitskampf zu untersagen, sagte die zuständige Richterin Renate Binding-Thiemann am Mittwochabend in Frankfurt. Gegen diese Entscheidung kündigte die Gewerkschaft vor dem Landesarbeitsgericht Berufung an. Eine Entscheidung darüber wird noch im Laufe des Mittwochabends erwartet..."

Source : Frankfurter Allgemeine
http://www.faz.net/artikel/C30350/beruf ... 78697.html

For those who don't understand it, please use Google Translate = http://translate.google.com

[euroflyer]

The strike for Thursday, 4 August has been cancelled now by the union.

After the Frankfurt labour court decided on Wednesday evening the strike would have been illegal and it became clear that a verdict of the appeal court (state labour court of Hesse) could only be expected sometime in the very early hours of Thursday, 4 August the union cancelled the strike.

However, the ATC union stated that they still go ahead with the appeal and if the state labour court would rule in favour of the union they could "restart" their strike action at any time.

As the information became available only after 9pm on Wednesday night a number of flights from/to Germany for tomorrow had already be cancelled and will therefore not take place anyway.

[sn26567]

Airlines in Germany are considering taking legal action to recoup the cost of preparing for a strike that air traffic controllers announced and then called off at the last minute.

http://www.reuters.com/article/2011/08/ ... 0P20110805

[andorra-airport]

German air traffic controllers to strike Tuesday.

(Reuters) - A court gave the all-clear for German air traffic controllers to strike on Tuesday morning, a move likely to disrupt thousands of flights in a busy summer week.

The DFS air traffic authority said it would appeal the rejection of calls for an injunction to prevent the stoppage, which will take place from 5:00 a.m. British time until 11:00 a.m. British time on Tuesday.

Airlines and airports were bracing for the strike, which the BDL air travel association said would affect about 3,000 domestic and international flights and some 400,000 passengers.

Lufthansa, Air Berlin, Thomas Cook's airline Condor and TUI all said they were bringing dozens of departures forward to before 5:00 a.m. British time, with updated flight times to be found on their website.

"It's unbelievable that 400,000 people who want to fly tomorrow are being held hostage," Condor boss Ralf Teckentrup said.

Some long-haul flights had already taken off in order to reach Germany before the strike started, Lufthansa said.

Rail company Deutsche Bahn said it would work with Lufthansa and Air Berlin to switch people travelling within Germany on to trains.

Planes which would normally fly over Germany would be rerouted.

The air traffic control authority DFS refused to enter mediation, as suggested by the judge, as it believes some demands being made by the GdF union are illegal.

The DFS had successfully brought an injunction against a strike planned for last Thursday. Monday's appeal will be heard by the court at 8:00 p.m. British time.

GdF wants a 6.5 percent pay rise over 12 months, and has asked that pay be linked to workers' length of service.

It rejected the latest offer from the DFS for a raise of 3.2 percent plus a one-time payment this year, and an increase of at least 2 percent next year.

The DFS had offered fresh talks for this week, and said on Monday it was still prepared to sit down with the union. The union said it would not return to the negotiating table unless there was a change in circumstances.

Faced with a lack of sympathy for the planned strikes, the union also said the strike was not just about more pay for air traffic controllers, but all employees of the DFS.

Airport operator Fraport, whose Frankfurt airport sees about 1,300-1,400 flights a day, described the refusal by the union to enter talks as "incomprehensible".

Airlines have previously successfully fended off strikes using the courts.

Last year, pilots of German flagship carrier Lufthansa and the country's No.2 carrier Air Berlin were forced by judges to call off or curtail strikes.

http://uk.reuters.com/article/2011/08/0 ... HW20110808

[Passenger]

There is no strike at the German ATC today ...

Frankfurter Allgemeine:
http://www.faz.net/artikel/C30350/luftv ... 81668.html

[euroflyer]

following two court rulings last night, first at the local Frankfurt labour court and than at the appeal court, the state labour court of Hesse, it became clear that this time the strike would have been legal and had the go-ahead from the courts. Than German ATC (DFS) decided to call for the mediation process to start which is regulated in the existing collective agreements. And according to those regulation all labour action have to be paused until the end of the mediation process. So now we have to wait and see what that mediation will bring ...

[euroflyer]

mediation broke down last week finally Despite agreements on many points a few areas of conflicts remain and ATCs seem prepared to go on strike ...

Monday (10 October) meetings of staff will be held during working times to discuss the situation and to inform employees on all major airports and control centers. This will already cause flight disruption. ATCs promised so far to inform the public 24h before any full blown strike action.

[regi]

I wonder how the airlines would react if the unions ask for a strike, but decide not to go on strike on the last minute - after all kind of preparations of the airlines?
I don't know that legislation ( still national and not European ) and I don't know how many times a union could repeat such a "joke". Meaning: does the "right to strike" involves also "the obligation to strike" ?

Reason for unions not to go on strike is that all concerned companies would have to pay out the salaries because there is no strike but a normal working day.

[euroflyer]

well, following German labour law there is no 'obligation' to go on strike if they announce one. They actually have to hold a ballot of course (already done) and the so-called 'peace-obligation period' (Friedenspflicht) has to be taken into account meaning a strike is only legally possible after negotiations have taken place, broke down and (depending on the actual collective agreement) a mediation process has taken place and was unsuccesful. This is where we are now here. The frustrating thing is that is seems only to be one or two (in relation to the overall package) minor issues which could not be solved so far, mainly around the question in which salary grouping junior shift supervisors will be in the future (automatically in the highesr one or first in a lower one, with easy words). The employers seem to have made another 'offer' this morning here hoping to solve the issue before a decision for a strike will be taken. The earliest possible strike would be on Tuesday from 20h00 German time (that is the end of the 'peace-obligation period'). Plus an announcement of the strike has to be made 24h in advance. However, already the staff meetings today resulted in a number of flights being cancelled. Among them mine this morning from FRA to BRU . As I have another 4 flights booked for this week from/to FRA I am not amused

[euroflyer]

Reason for unions not to go on strike is that all concerned companies would have to pay out the salaries because there is no strike but a normal working day.

As the particular union in question only represents ATCs and other staff at the ATC centers this will not be the case here - they do not give a s... about the situation at airlines, airports or their staff ...

[earthman]

I'm sure most travellers think the ATCs should get caned in public for striking and causing their flight to be cancelled. But this is not unskilled labor like luggage handling we're talking about.

[airazurxtror]

According to
http://www.air-journal.fr/2011-10-11-me ... 37342.html
there are more discussions to be had tomorrow with GDF ... meaning the ATC strike could not be effective before friday at the earliest.

[airazurxtror]

Somebody knows what happens with the German ATC and their threatening strike ?

[euroflyer]

no strike; in some last minute talks and under pressure from the federal transport ministry both parties finally agreed to a compromise.