Berlin-based land company challenges election of works council representatives
Grün Berlin GmbH, a city-owned company along with its subsidiaries Grün Berlin Service and Infravelo, have challenged the election of the works council, as a court hearing is scheduled for September.
The companies are contesting the election on two grounds: firstly, a works council was elected for all three companies, despite the fact that there is no joint venture; secondly, there were formal errors in the election of the election committee.
In the past, Grün Berlin and its subsidiaries have only been represented by a legally non-binding "so-called employee representation" (MAV). However, the operational works council is already in operation, as stated by Infravelo.
According to the Works Constitution Act, companies that use operating resources and employees jointly form a joint venture. The Federal Labor Court has ruled that the employees must be "controlled by a unified management apparatus" for a joint venture to exist. As Grün Berlin and its subsidiaries are separate entities, the question of a joint works council arises.
If an employer does not object within the deadline, the works council is considered valid and entitled to representation until the next regular follow-up election. The election committee, elected at a works meeting, is responsible for preparing and conducting the works council election.
A final review can extend beyond a year, and employers can use formal errors in the election of the election committee as an entry point to hinder their employees on their way to a works council. It is often a challenge for those involved to implement and prepare a works council election in accordance with the regulations.
Until the court's decision, the works council remains in office with all its rights. The labor court proceedings aim to clarify whether a joint works council or company-specific works councils should represent the employees.
At present, no documented or reported legal challenges related to Grün Berlin GmbH’s works council election process can be identified. However, for detailed or up-to-date information on this topic, it may require consulting specialized legal databases, German labor law resources, or direct inquiries with Grün Berlin GmbH or relevant labor unions.
The managing directors of Grün Berlin are looking forward to working with the works council, emphasizing the importance of employee representation and collaboration. The first conciliation hearing is scheduled for September, marking an important step in the resolution of this legal dispute.
- The science of labor law, particularly the Works Constitution Act, may come to light during the court hearing in September, as Grün Berlin and its subsidiaries contest the election of their works council, citing the absence of a joint venture and formal errors in the election committee's selection.
- The finance and business sectors may be impacted by the outcome of the labor court proceedings, as the decision could influence the establishment of company-specific works councils or a joint works council that represents employees across multiple entities within an industry.
- The health and wellness of the workplace, a key concern in the wider industry, is at stake for Grün Berlin, as the works council plays a critical role in ensuring the interests of employees are considered in the decision-making processes.
