In a judgment handed down on April 15. The Federal Labor Tribunal (BAG) recognized that the payment of employee benefits specifically negotiated by IG Metall for its members during talks over a social plan were indeed legitimate. The BAG examined a complaint by a non-member employee who was demanding similar advantages for herself. This ruling is the first decision of this type since a legal precedence ruling that was handed down in 2009. The confirmation of the legality of the “simple distinction” clause is all the more important because of dramatic changes in the economic arena, with de-unionization and inter-union competition being two rising phenomena. Being able to offer something more to union members has become an important factor for union bodies.
The Federal Labor Tribunal was meant to have ruled on the complaint (Case No. 4 AZR 587/13) by a former non-union member female employee of one of Nokia Siemens Network’s (NSN) subsidiaries. She was claiming special employee financial benefits that had been negotiated between management and IG Metall on April 4 2012. The agreement in question however only covered union members. Following a significant restructuring plan by NSN, IG Metall had negotiated a “social” addendum (Transfer- und Sozialt
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