The planned train drivers' strike by the German union GDL was confirmed by the Hessian State Labor Court in the second instance on Tuesday night. The strike in freight transport began at 6pm, in passenger transport it is scheduled to begin at 2am on Wednesday – and will also affect travelers to and from Germany. The strike does not affect ÖBB traffic via Deutsche Eck, but rather the long-distance connections of Deutsche Bahn (DB) and ÖBB to Munich or even further north.
In Austria, trains departing or ending in Germany only travel to the respective border station or are canceled altogether because drivers are changed at the border. However, trains are sometimes routed to Munich via the Brenner route, according to the ÖBB. According to information from APA, ÖBB and DB customers can use their tickets to change to Salzburg-Munich local transport every hour. Westbahn trains go to Munich because drivers are not changed at the border.
Judge Michael Horcher said in Frankfurt that the railway's request would be rejected. No other legal solutions are possible against the three-day industrial action. The strike affects millions of rail travelers, especially on long-distance trains. From 2am on Wednesday to 6pm on Friday, the GDL wants to largely halt rail traffic for the third time in the tariff round. Freight trains have been stopped since Tuesday night.
“We were attacked, and at this point we were proven right once again,” said GDL head Claus Weselsky after the hearing. “We are happy to be able to continue exercising our constitutionally protected rights.” The railroad regretted the decision. “We wanted a different result, especially for passengers, but we have to accept the decision,” explained Florian Weh, general manager of the employers' association DB AGV MOVE. The 64-hour strike is completely unnecessary. We demand that the GDL now advances towards the concession of the railway in negotiations. There was no sign of any rapprochement. Weh added that there has been no discussion about arbitration yet.
Deutsche Bahn was unable to prevail with the argument that GDL was no longer eligible for collective bargaining because it founded the temporary worker cooperative Fair Train last year and that there could therefore be conflicts of interest. Judge Horcher explained that this issue could not be decided beyond a shadow of a doubt in the short time frame of the accelerated procedure. Accordingly, there is no obvious inability of the GDL to negotiate collective agreements. There may be a conflict of interest. “But this cannot lead to questioning the capacity for collective bargaining as a whole,” said the labor lawyer. “That would be an enormously far-reaching legal consequence.” This must be clarified in the main case filed by the railway in the State Labor Court. The company confirmed that it would continue with the process.
Deutsche Bahn recently presented a new offer with which it approached the union for the first time on the key issue of working hours. The GDL calls for a reduction in working hours from 38 to 35 hours per week for shift workers with full pay. The railway offers optional models that are unacceptable from the GDL's point of view, as the payment for the reduction in working hours would be reduced accordingly. Weselsky has not yet responded to the employer's request for a new round of negotiations on Wednesday. The latest offer is not a substantive offer. The union boss who will soon leave the country would like to celebrate his triumph in the Berlin courtroom. “It's a little difficult to celebrate, the last train is over,” he said.
Deutsche Bahn is once again counting on an emergency schedule during the GDL train drivers' union, which lasted several days. “As with previous strikes, we will be able to operate 20 percent of our long-distance trains,” said DB Group spokeswoman Anja Bröker on Tuesday evening in Berlin. The railway can only make the best of this situation: “We are prepared with our colleagues to still be able to offer 20 percent passenger traffic.”
“And we also have to massively restrict our regional transport offerings,” said Bröker. An emergency plan is also being used there. The effects vary greatly regionally. For those who also wish to travel by S-Bahn and regional trains, we recommend that you consult the Deutsche Bahn information resources in advance.
Passengers are advised to postpone their journey. Anyone who has to drive should check the information media to see if calls take place according to emergency hours. Tickets remained valid. Those who booked for Wednesday, Thursday or Friday will still be able to use those tickets later. They remained valid, it was said. The rail connection has been canceled and cancellation is also possible in accordance with passengers' legal tariff rights, Bröker said.