Germany: CGB (Christian Trade Union) member, the DHV not authorized to negotiate collective agreements

On 22 May, the Hamburg regional court (LAG Hamburg) ruled that the DHV (Der Berufsgewerkschaft), which is a member of the small German Confederation of Christian Trade Unions (CGB), did not have the right to negotiate collective agreements because of its weak presence and lack of representativeness in the sectors in which it negotiated agreements. The ruling applies to all agreements concluded by the DHV union since the same court’s 2016 decision that had authorized it to negotiate. The DHV claims it has 73,000 members and is present in the banking and insurance, health insurance and social welfare, and trade and services sectors. It is contesting the ruling and has announced its intention to appeal, right up to the European level, if necessary. The plaintiffs in the case, i.e. the trade unions Verdi (services), NGG (hotels and catering) and IG Metall, as well as the Ministries of Employment for the states of Berlin and North Rhine-Westphalia, have welcomed the judgment that they have been waiting for since 2016. Indeed, their struggle with the DHV, which they accuse of not being representative, as well as systematically negotiating socially less advantageous agreements, actually dates back to an even earlier and similar judgment in 2013 that prohibited the DHV from negotiating collective agreements. However, the trade union appealed the 2013 ruling and in 2016 the Hamburg LAG finally agreed the appeal. However, in the final instance in 2018, the Federal Court of Justice considered the basis of the 2016 ruling to be legally untenable and asked the Hamburg LAG to review its decision. The Karlsruhe court had found that the LAG’s judgment was based on erroneous and/or insufficient information regarding the number of DHV members and its actual level of representativeness. This latest ruling from 22 May is the result of this review process. However, as the DHV intends to appeal, it has not yet entered into force.