Union of the New Letter and Delivery Services

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The union of the new letter and delivery services (GNBZ) is an association that describes itself as a trade union for the new postal companies in Germany . According to the determination of the Cologne Labor Court , however, it is not a trade union . This decision was confirmed in May 2009 by the Cologne Regional Labor Court .

founding

The GNBZ was founded on October 12, 2007 in Berlin. The establishment was preceded in summer 2007 by disputes over minimum wages among postal service providers. In particular, the PIN Group , the Federal Association of Courier Express Post Services (BdKEP) and the Employers' Association for New Letter and Delivery Services (AGV NBZ) were interested in an uncritical employee organization . According to a report by the television magazine Report Mainz , the latter is said to have played a key role in the founding of the association, but this is denied by the AGV NBZ.

The GNBZ states that it wants to work to safeguard jobs, fair and affordable wages for everyone and for fair competition.

The founding of the association and the demonstration against minimum wages organized by the PIN Group two days earlier were accompanied by benevolent reporting by the Bild-Zeitung , whose parent company Axel Springer AG is the majority shareholder of the PIN Group.

The competent judicial officer of the Cologne District Court rejected the registration of the GNBZ as an association on October 19, 2007 because it was not eligible for tariffs with its 19 members .

organization

The GNBZ put the number of members in relation to the Berlin Administrative Court at 1300. These are employed by 28 companies nationwide. Its members included those in key work-related positions (e.g. depot manager, production manager).

The GNBZ has its office in Cologne, where it employs a seven-person board. Arno Doll is a full-time member of the board and managing director . According to research by Member of the Bundestag Werner Dreibus , Doll is said to be a 66-year-old former member of the management of the Tengelmann Group , who then worked as a tax and management consultant.

Further members of the founding board of directors were Christian Hocke, Michael Hocke, Uwe Reichelt, Armin Woick and Annett Zeise. According to research by the weekly newspaper Jungle World , C. and M. Hocke and Reichelt were employees in management positions at PIN Berlin at the time the board was elected, as was Heike Dix, who was named as the GNBZ website manager.

The GNBZ contributions amount to 0.5 percent of the gross salary for earnings of more than 410 euros per month or 1.50 euros per month for lower earners and extraordinary members. According to the managing director Doll, the GNBZ is financed exclusively from membership fees and donations.

Financing by employers

The GNBZ fell into twilight after it became known that it had received EUR 133,526.69 from the employer through the PIN group. The payments are said to have been disguised by being diverted through a Cologne law and tax consultancy firm. In addition to his monthly salary of 3,500 euros, the full-time executive director Doll received a further 21,500 euros monthly payments from the GNBZ.

The Cologne law firm also provided PIN Holding with “consulting services” on December 5th and 7th with a total amount of around 900,000 euros with the subject “PIN Group AG wg. Union ”. These were paid a few days before Günter Thiel's resignation as PIN chief executive on December 17th. The insolvency administrator is now checking whether these payments are subject to the insolvency challenge and must be reclaimed.

The payment of a good 130,000 EUR to the GNBZ was confirmed by the former head of the PIN group Thiel. He did not comment on the other alleged payments. The insolvency administrator of the PIN companies also confirmed that on December 10, 2007, a payment in the amount mentioned had flowed from the PIN holding via a detour to the GNBZ. However, CEO Thiel denied that they wanted to influence the GNBZ.

In a press release from March 22, 2008, the GNBZ admitted that it had to rely on "donations and grants" in its founding phase. The GNBZ does not explain who these came from. The claim of funding by the employer was described as "incomprehensible". The charge of additional fee payments to board members of the GNBZ was rejected as “wrong and malicious”. At no point did the PIN group exert any influence or even bribery. In the absence of an initial suspicion, the Cologne public prosecutor's office refused to initiate criminal investigations against the GNBZ after the United Service Union had filed a criminal complaint. Ver.di has lodged a complaint against this decision.

The Cologne Labor Court ruled on October 30, 2008 that the GNBZ did not have the independence required for trade unions due to considerable financial contributions from employers. GNBZ and the employers' association NBZ appealed against the decision. The regional labor court in Cologne rejected the complaint on May 20, 2009, and set the amount in dispute at 450,000 euros.

Insufficient tariff capability

According to a ruling by the Cologne Regional Labor Court on May 20, 2009, the New Letter and Delivery Services union is not subject to tariffs . The legal complaints initially filed against the decision by the GNBZ and the employers' association of the Neue Brief- und Lieferdienste eV (AGV-NBZ) at the Federal Labor Court were withdrawn by them. The GNBZ cannot be a party to a collective agreement. Previously concluded contracts are no longer valid, and some were not adhered to before.

This means that the contracts that certain employers' associations had concluded with the GNBZ as collective agreements are not collective agreements in the legal sense. On December 11, 2007, the AGV-NBZ concluded a contract with the GNBZ on minimum wages for value-added letter services between EUR 6.50 and EUR 7.50. One day later, the Bundesverband der Kurier-Express-Post-Dienst eV (BdKEP) concluded a contract with the GNBZ for companies that provide postal services that are more precisely defined as essential operational activities, in particular the commercial transport of addressed written messages weighing up to 2 kg between sender and recipient , provide.

criticism

Critics accuse the GNBZ that it is not really a representation of employees and employee interests, but rather a cover organization of employers with the sole aim of preventing the legal requirement of a minimum wage for the industry. It is also questioned whether the GNBZ can even be legally classified as a trade union. As an organization initiated by employers and sponsored by them, the GNBZ does not have the power to actually negotiate working conditions. They can only accept the conditions unilaterally set by the employer.

See also

Individual evidence

  1. ↑ a b court: postal union GNBZ is not at all. In: WDR.de. October 30, 2008, archived from the original on November 2, 2008 ; Retrieved October 31, 2008 .
  2. ^ Daniel Hechler and Alexander Dambach: A new union turns the situation on its head. In: Report Mainz. October 29, 2007, accessed March 8, 2006 .
  3. ↑ Why the GNBZ? In: GNBZ. Retrieved March 8, 2008 .
  4. ↑ lupo: How "Bild" fights against the minimum wage. In: BILDblog. December 9, 2007, accessed October 31, 2008 .
  5. ↑ a b Berlin Administrative Court : JUDGMENT. (PDF) (No longer available online.) March 7, 2008, p. 6 , formerly in the original ; Retrieved on October 31, 2008 (judgment in the administrative disputes PIN Group AG et al against the Federal Republic of Germany).  ( 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.berlin.de  
  6. ↑ Werner Dreibus: Private Post wants to set up its own employee representation: "Ghost organization". (No longer available online.) October 24, 2007, archived from the original on March 12, 2008 ; Retrieved March 8, 2008 . 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.werner-dreibus.de
  7. ↑ Arno Doll: Press release of October 31, 2007. (PDF) In: GNBZ. October 31, 2007, accessed on October 31, 2008 (GNBZ board on the letterhead).
  8. ↑ Winfried Rust: Leave it, boss! In: Jungle World . No. February 7 , 2008 ( jungle-world.com [accessed October 31, 2008]).
  9. ↑ Letter company Pin sponsored the union with 130,000 euros. In: Spiegel Online. March 20, 2008, accessed October 31, 2008 .
  10. ↑ PIN-Holding activates the public prosecutor's office. In: PIN. March 20, 2008, accessed October 31, 2008 (PIN press release).
  11. ↑ Kayhan Özgenc: PIN: “No black registers”. In: FOCUS Online. March 21, 2008, accessed October 31, 2008 .
  12. ↑ postal company Pin union is said to have financed. In: WELT ONLINE. March 21, 2008, accessed October 31, 2008 .
  13. ↑ Press release GNBZ. In: GNBZ. March 22, 2008, accessed on October 31, 2008 (statement by the GNBZ on current reporting).
  14. ↑ No investigations against PIN and GNBZ. In: tagesschau.de. April 11, 2008, accessed October 31, 2008 .
  15. ↑ Regional Labor Court Cologne, decision of May 20, 2009 Az.:9 TaBV 105/08 ( Memento of the original of March 4, 2016 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 / openjur.de
  16. ↑ Cologne Regional Labor Court, decision announced on August 27, 2009, file number: 9 Ta 270/09 ( Memento of the original from January 12, 2016 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 / openjur.de
  17. ↑ (Regional Labor Court Cologne, decision of May 20, 2009 - 9 TaBV 105/08)  ( 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.lag-koeln.nrw.de  
  18. ↑ Press release of the Federal Labor Court No. 28/10 of April 15, 2010
  19. ↑ Michel-Rundschau 6/2010, Munich, p. 92

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