Working group of independent employees

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The Working Group of Independent Employees ( AUB ) is an organization in which employees have come together since 1974 in order to participate in works council elections for the Siemens Group. In the meantime, the association has expanded to include other industries. It is considered more employer-friendly than DGB unions, rejects collective agreements and is promoted by some companies in order to limit the influence of other unions. The AUB regards itself as “free of ideology” and denies the independence of works council members who belong to the DGB .

history

In the mid-1970s, Siemens employees in Erlangen, under the leadership of their top candidate Dietrich Ummelmann and a senior employee of Siemens AG, began to form what would later become the Association of Independent Employees . It was founded in 1974 under the guidance of the trained journalist and Siemens communications expert Arno Werner and the then HR manager and site manager Koffka under the name "Action Group of Independent Works Councils" in order to be able to participate in the works council elections in 1975 at the Siemens headquarters in Erlangen. Arno Werner worked, among other things, as press officer at Minister of State Franz Heubl (CSU) and Rainer Barzel (CDU) before he was responsible for education, information and press at Siemens in Erlangen for 18 years. “As a speaker in many AUB rhetoric seminars, he first provided the participants with the" hemorrhage "that he considered necessary, and then reassembled the individual parts of those affected. Many had horror before attending such seminars. ”In 1989 Dietrich Ummelmann became an honorary member of the AUB. Arno Werner became the second honorary member in 2006.

In 1982, the AUB chairman Helmut Schelsky wrote that, in contrast to the AEG, the AUB was the strongest employee representative at Siemens in Erlangen and there were signs that this would also happen in the companies BMW, Daimler-Benz and the KWU. P. 292 . Helmut Schelsky welcomed this development: “Discussions, proposals and intentions for a renewal of the trade union system in the Federal Republic are being suppressed and left lying on all sides. In my opinion, the " hour of the company and company unions" has now come ... As the only serious attempt to tackle this crucial future task in principle, I only know the - never published - discussion paper of the General Secretary of the CSU, Edmund Stoiber ... " p. 295 . In 1984, Helmut Schelsky's son Wilhelm Schelsky took over the management of AUB.

Like most of their supporters, the founding members of the AUB came predominantly from the ranks of employees outside or above the collective bargaining agreement , even then with the aim of primarily representing the interests of highly qualified employees in agreement with management. From the AUB's point of view, the position of the AUB, which was free of ideology, was to combat what it saw as ideologically “blinded” and “remote-controlled” IG Metall . The AUB had the stated goal of striving for harmony with the employer.

Schelsky era 1984 to 2007

Wilhelm Schelsky was chairman of the AUB for over 20 years and was re-elected seven times.

Dietrich Ummelmann became chairman of the works council at Siemens Erlangen in 1978 and also joined the supervisory board . In 1984 he became a manager and had to vacate his seat on the works council.

Wilhelm Schelsky became Ummelmann's successor. In a "memorandum" from 1995, Schelsky stated that in 1988, four years after assuming the chairmanship of the AUB, he had discussed with two Siemens Management Board members how to change the "co-determination relationships at the works council and supervisory board levels". From 1984 until his resignation in 2007, Schelsky was confirmed in his office as AUB chairman seven times by general assemblies of the AUB with majorities of over 90%.

Schelsky led the “independents” for over 20 years and vigorously threw down allegations that the AUB was dependent on entrepreneurs. “In the past, transparency was not desired. Those who called for it were re-explained the world in a very charismatic way in five minutes and they were put in their place, ”explained Ingrid Brand-Hückstädt, his provisional successor. Only after his resignation did a general assembly take place, from which the AUB reports: "That had never happened at the AUB: free discussion, heckling, controversial statements."

Condemnation of Wilhelm Schelsky

After the public announcement of his arrest and the investigations against him, AUB chairman Wilhelm Schelsky resigned on March 28, 2007. The deputy AUB federal chairman Ingrid Brand-Hückstädt, lawyer for labor law from Plön , stated that the board had no idea of the “numerous activities” of their former federal chairman Wilhelm Schelsky “as a management consultant” .

The AUB had its accounts checked after suspicion of bribery payments . An auditing company from Nuremberg was commissioned to carry out this review and it found that there was “no Siemens money in AUB accounts”. On November 24, 2008, the Nuremberg-Fürth regional court sentenced Schelsky in the "Siemens AUB proceedings" to four and a half years' imprisonment for fraud in the act as aiding and abetting embezzlement , tax evasion and aiding and abetting tax evasion. Schelsky appealed against this. Due to the length of the proceedings, the Nuremberg Higher Regional Court suspended the arrest warrant against Schelsky on June 30, 2009, subject to conditions. Schelsky was released from custody, in which he had been since February 14, 2007.

In October 2010, the judgment of the Federal Court of Justice with regard to the allegations of fraud, tax evasion and aiding and abetting of tax evasion was upheld, but the allegation of aiding and abetting embezzlement was repealed, which is why the case was referred back to the Regional Court to re-assess the sentence. After a three-year trial delay, Schelsky was sentenced to four years imprisonment by the Nuremberg Higher Regional Court in November 2014 only for fraud and tax evasion, but was acquitted of the charge of infidelity. Taking into account the pre-trial detention and the long duration of the proceedings caused by the Federal Constitutional Court, the remaining sentence was suspended.

Reform of the AUB

Under the motto "AUB with a new face", a new statute was adopted at an extraordinary general meeting on July 28, 2007 in Nuremberg . Rainer Knoob was elected as the new federal chairman of the works council of the Hamburg Airbus plant. Deputy federal chairman is Jürgen Forstreuter, who succeeded Michael Guder (Phonehouse). Andreas Braum (Commerzbank) and the other board members Kay Strelow (Hornbach) and Christina Bosse (Siemens) were elected as treasurer.

Gottfried Linn was federal manager of the AUB until February 2009. Since 2003 he was employed by the management consultancy Wilhelm Schelskys and managing director of the Hessian regional association of the AUB. As a management consultant, he referred to experiences with “advising companies on co-determination issues” and “planning and accompanying works council elections”. His customers included Accenture Germany , Deutsche Bank , Cisco Systems , Infineon , Lufthansa , Mobilcom , Motorola , Microsoft , Rewe and Siemens . Overall, the Schelsky management consultancy is said to have had 40 "dubious contacts with the top of almost 40 companies".

The AUB announced that many AUB works groups will take part in the upcoming staff council and supervisory board elections in 2008 as well as in the works council elections in 2010. For the 2008 Supervisory Board election at Daimler AG , the AUB formed a coalition with CGM .

The AUB now offers its seminars under the new name “Forum Labor Law and Works Constitution”.

On May 29, 2008 Gottfried Linn announced Wilhelm Schelsky's expulsion from the AUB. At the general meeting on October 25, 2008 in Göttingen, Jürgen Forstreuter was elected deputy chairman. This change was followed by an intensive, open approach, with which the AUB now presents itself with “disarming confessions”. As a result of coming to terms with its own past, the AUB has spoken out in favor of more transparency in works council work with the “Göttingen Theses”. With these theses, demands are made on politics and society, which must be implemented against the background of past cases of influence and corruption from the perspective of the AUB (VW, Iveco or HHLA )

aims

From the AUB's point of view, works council members who belong to a trade union are dependent on this trade union and on ideologies. However, the independence claimed by the organization has been questioned by DGB unions and observers as well as in supervisory board meetings since its existence. Even today, the AUB counters these doubts about its independence with resolute resistance: “This accusation is as old as it is false. It comes from functionaries' unions who fear for their monopoly position. ”In connection with the arrest of long-time chairman Wilhelm Schelsky, however, the independence of the AUB is often questioned.

The AUB does not see itself as a “ yellow union ”. The AUB is not aiming for the status of a union that is subject to collective bargaining agreements , such as that achieved by the Christian Metalworkers Union (CGM) in 2003. However, there is definitely a proximity to the CGM. In the 2008 Daimler AG supervisory board election, AUB formed a coalition with CGM. The AUB sees itself as a service provider for non-unionized employees. In addition to training and legal advice, members also receive legal protection from labor and social courts. In addition, the formation of initiative groups creates a new opportunity to exchange and discuss various topics and, last but not least, to network within the organization in an interdisciplinary, cross-company and supra-regional way. The formation of an initiative group requires recognition by the federal executive committee.

The AUB presents itself as a service organization that has no influence on the work of the members of the works councils organized in it. On April 4, 2007 the AUB stated among other things: “The AUB does not exert any pressure on its members, either directly or indirectly. The principle of independence of the regional AUB groups is our trademark. That is precisely why we are so successful. With us nobody is bribed or sent to Brazil. "

The AUB is not just a service provider: "As» the other union «, AUB is now consciously positioning itself against the labor market and company policy recipes of the traditional unions." In 2006, the AUB celebrated a success, gaining more than 10% of all votes in works council elections to have. The proportion of DGB members in works councils fell slightly in the works council elections from 75% in the previous elections to 73% in 2006.

The AUB's claim that goes beyond being a service provider is clear from the statutes: "The AUB is a voluntarily formed association of employees with social and professional objectives. The purpose of the AUB is to safeguard and promote employee interests through corporate and inter-company degrees Design of working and economic conditions within the framework of the applicable laws. " This means that key terms from the Basic Law that apply to trade unions are adopted. The AUB does not rule out strikes in its statutes. In individual cases, she wants to use industrial resources to protect and promote employee interests. The AUB grants financial support to members who suffer a loss of income as a result of a labor dispute.

The AUB is non-partisan, independent of other employee associations, and operates on a supra-company and supraregional level. However, it ensures that its activities remain predominantly company or location-related. The rejection of an application for membership cannot be challenged. There is no entitlement to admission. Reasons for the rejection of the membership application do not have to be given. Members can be excluded from the AUB if there is an important reason or if their membership damages the realization of the purposes of the AUB or the reputation of the AUB.

organization

In 1985 the AUB became a registered association . Its name is: " AUB - Die Independent eV " In 1986 it was recognized as a professional association . There was also an entry as a lobby organization in the German Bundestag , which was deleted in 2008. The federal office in Nuremberg was established in 1989 , followed by a liaison office in Bonn and successively established regional offices in Dresden , Greifswald , Frankfurt am Main , Düsseldorf and Neustadt / Weinstrasse . However, the regional offices were closed again in 2007. According to its own information, the AUB now has around 32,000 members nationwide and 19,000 members in works councils (as of 2006). According to information from Wirtschaftswoche, the AUB never had 30,000 members, but 10,000, and after the corruption affair and the conviction of Schelsky, it fell to 7,530 members in 2008.

The AUB has members on the supervisory board of various companies.

The AUB represents employees in companies in a wide variety of industries, such as B. at Airbus , Aldi , Bayer Schering Pharma , Commerzbank , Ikea , Ihr Platz , Infineon , Nokia , Deutsche Telekom , Postbank Systems AG, Phonehouse, SAP , Siemens, Max Bahr , Hornbach , R&R , Vodafone NRW , Molex Elektronik .

Judiciary

Even after the start of the AUB reform, a consultant previously financed by the Schelsky management consultancy continues to offer his work. He advised AUB members at ALDI . The retail chain is said to have paid the management consultancy Schelsky for this through an Essen law firm. In August 2006 the union ver.di filed a criminal complaint. The Essen public prosecutor's office investigated. At the beginning of September, the 3rd criminal chamber of the Nuremberg-Fürth regional court opened the “main proceedings against Johannes Feldmayer and Wilhelm Schelsky for infidelity and other things”. The basis for the “Siemens AUB proceedings” is the unchanged indictment of the Nuremberg-Fürth public prosecutor's office from June 21, 2008. 24 hearing dates were scheduled between the end of September and the end of November 2008.

The defense lawyers announced an appeal against the verdict in this trial, which included two years probation and a fine for Feldmayer.

Day of employee participation

The Working Group of Independent Employees launched the day of employee participation on February 4, 2017 to commemorate those who fought for workers' rights in 1920. The day of remembrance is intended to remind people that important workers' rights first had to be fought against against great resistance. The day of corporate co-determination should help to emphasize the importance of co-determination. On February 4, 1920, the first German works council law came into force. It was fought at great sacrifice. The events during the negotiations on this law were marked by demonstrations full of violence and aggression.

Web links

literature

  • Goetz Buchholz: "Please support the company". Politics and organization of the Working Group of Independent Works Council Members (AUB) . IG Metall, Frankfurt 1998

Individual evidence

  1. ↑ AUB: When works councils get tame - manager magazin . In: manager magazin . ( manager-magazin.de [accessed on May 7, 2018]).
  2. ↑ a b Why Aldi Nord still thinks AUB is great ... ( verdi.de [accessed on May 7, 2018]).
  3. ↑ Trade unions: trusting cooperation . In: ZEIT ONLINE . ( zeit.de [accessed on May 7, 2018]).
  4. ↑ AUB INTERN No. 29  ( page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. , November 2003@1@ 2Template: Toter Link / aub.de  
  5. ↑ a b Helmut Schelsky : Functionaries. Are they endangering the common good? , 1982, ISBN 978-3512006524
  6. ↑ Willi Winkler : The Schelsky Project - The Siemens / AUB scandal has a famous thought leader , feature section of the Süddeutsche Zeitung from May 6, 2008
  7. ↑ AUB INTERN No. 40 ( Memento of December 21, 2009 in the Internet Archive ), November 2003, p. 2
  8. ↑ fs: Corruption affair: No Siemens money in AUB accounts. In: welt.de . April 10, 2007, accessed October 7, 2018 .
  9. ↑ according to Spiegel-online , accessed on November 24 at 2:20 p.m.
  10. ↑ http://www.justiz.bayern.de/gericht/olg/n/presse/archiv/2009/02100/index.php
  11. ↑ sueddeutsche.de: The Schelsky case is reopened , October 25, 2010
  12. ^ Siemens: Ex-AUB boss Wilhelm Schelsky does not have to be behind bars . In: Spiegel-Online from November 3, 2014, accessed November 4, 2014.
  13. ↑ Rainer Knoob: AUB with a new face , AUB Intern No. 40 September 2007 ( Memento of the original from December 21, 2009 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. . @1@ 2Template: Webachiv / IABot / www.aub.de
  14. ↑ Archive link ( Memento of the original from September 27, 2007 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.die-frei.net
  15. ^ Ntv: Siemens corruption scandal confession by AUB of July 29, 2007.
  16. ^ Klaus Ott & Uwe Ritzer : Splitter Union AUB - Long shadow . In: Süddeutsche Zeitung . July 30, 2007
  17. ↑ The AUB with a new face / Five board members elected and new statutes passed , AUB press release from July 29, 2007 ( Memento of the original from October 12, 2007 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.aub.de
  18. ↑ Source (May 2008): Archived copy ( memento of the original dated November 12, 2012 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (Website now deactivated, now archive link ( memento of the original from November 12, 2012 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. ) @1@ 2Template: Webachiv / IABot / www.linn-kmt.de @1@ 2Template: Webachiv / IABot / www.linn-kmt.com
  19. ↑ Source (May 2008): Archived copy ( memento of the original dated November 12, 2012 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (Website now deactivated, now archive link ( memento of the original from November 12, 2012 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. ) @1@ 2Template: Webachiv / IABot / www.linn-kmt.de @1@ 2Template: Webachiv / IABot / www.linn-kmt.com
  20. ↑ Der Spiegel 39/2008: Ex-boss of the Siemens-financed AUB trade union advised up to 40 companies , September 20, 2008
  21. ↑ a b Archive link ( Memento of the original from April 17, 2008 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.aub.de
  22. ↑ AUB excludes Schelsky
  23. ↑ Source August 2009: [1]  ( page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.@1@ 2Template: Toter Link / www.aub.de  
  24. ↑ Source October 2008 Archive link ( Memento of the original from January 10, 2014 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.aub.de
  25. ↑ Source September 2009 http://de.reuters.com/article/domesticNews/idDEBEE58G0F320090917
  26. ↑ Source July 2009 [2]  ( page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.@1@ 2Template: Toter Link / www.szon.de  
  27. ↑ Source August 27, 2009 https://www.welt.de/welt_print/vermischtes/hamburg/article4413940/HHLA-Betriebsraete-stolpern-ueber-Gehaltserhoehung.html
  28. ↑ Archive link ( Memento of the original from April 12, 2008 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. , April 28, 2003/30. May 2007 @1@ 2Template: Webachiv / IABot / www.aub.de
  29. ↑ Archive link ( Memento of the original dated May 13, 2007 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. , June 14, 2006, CONTENS Software GmbH: Quoting the definition of “yellow trade unions” from Das Moderne Lexikon , Volume 6, Lexikon-Institut Bertelsmann. @1@ 2Template: Webachiv / IABot / www.aub.de
  30. ↑ Archive link ( Memento of the original from January 2, 2008 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.aub.de
  31. ^ The history of AUB ( Memento of February 27, 2007 in the Internet Archive ), February 19, 2007, CONTENS Software GmbH
  32. ↑ Rudolph, Wolfgang / Wassermann, Wolfram: Strengthened Works Councils http://www.boeckler.de/6299.htm?produkt=HBS-003917&chunk=1
  33. ↑ Archive link ( Memento of the original from February 14, 2007 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. , no longer an entry in the August 2008 list @1@ 2Template: Webachiv / IABot / www.bundestag.de
  34. ↑ Schumacher, Harald: AUB has lost 2500 members http://www.wiwo.de/unternehmen-maerkte/aub-hat-2500-träger-verloren-299504/
  35. ^ Süddeutsche Zeitung : To the seminar in Eggersdorf. The consultant, which the Aldi Group financed covertly, still offers training for employee officials. , April 7, 2008
  36. ^ Süddeutsche Zeitung: Verdi: Aldi Nord bribed the works council. Verdi files a complaint against Aldi Nord: the supermarket chain has paid the AUB workers' organization € 350,000. , August 15, 2008
  37. ↑ http://www.justiz.bayern.de/gericht/olg/n/presse/archiv/2008/01599/index.php
  38. ^ Judgment in the AUB trial: Harsh punishment for Schelsky , in the Münchner Abendzeitung on November 24, 2008
  39. ↑ http://www.capital.de/mUNGEN/mitbesthung-betrieb-betriebsrat-gewerkschaft-8476.html
  40. ↑ http://www.wiwo.de/politik/deutschland/tag-der-betrieblichen-mitbesthung-betriebsraete-sind-erffektsfaktor-der-deutschen-wirtschaft/19343516.html