Scrambled Egg Theory

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The scrambled egg theory (“A spoiled egg spoils the whole broth”) is a teaching of the German labor disputes and the right to strike . The term was coined in 1966 by Wilhelm Reuss .

It deals with the question of what happens if the catalog of demands in a labor dispute contains parts that may not be pursued in this labor dispute. For example, if there is a peace obligation with regard to a partial claim or this claim is considered immoral . According to the theory, a single inadmissible tariff claim infects the package of claims, so that the unaffected claims may not be enforced through the same agreed and announced industrial action. This is completely independent of the quantitative and qualitative importance of this partial requirement in the overall package. This also applies in particular if these inadmissible claims are given up in the course of the labor dispute. The labor dispute should be ended and justified anew.

In some cases, this is limited to main claims, inadmissible ancillary claims are harmless.

The opposite view allows individual inadmissible claims to be dropped in the industrial action and the strike to be continued afterwards. The labor dispute was illegal up to this point in time, but after that it was lawful. Some lower courts have followed this line of argument. The Federal Labor Court had not decided this for a long time, but left it expressly open for ancillary claims. In 2016 the Federal Labor Court explicitly endorsed the scrambled egg theory. For the time of the original illegality, the labor dispute party owes compensation in principle .

Individual evidence

  1. ↑ a b c Ulrich Fischer: "The dropping of individual inadmissible strike demands - A recipe against rotten 'industrial battle eggs'?" In: NZA 2014, 1177–1184.
  2. ↑ Wilhelm Reuss: The problem of the illegality of industrial disputes when legal and illegal industrial action goals meet . In: Labor and Law . 1966, p. 33-34 .
  3. ↑ a b Friederike Malorny: Liability of the trade union in the event of an illegal strike: Discussion of the judgment of the BAG v. July 26, 2016 - 1 AZR 160/14 . In: Law of Labor . 2017, p. 149-152 .
  4. ↑ a b Heinz Josef Willemsen, Christian Mehrens: “Illegal strike without risk? - On the objection of lawful alternative behavior. ”In: NZA 2013, pp. 1400–1404.
  5. ↑ Hagen Lesch, Volker Rieble: "Mitigated Damage Compensation Risk." In: Institut der deutschen Wirtschaft Cologne : trade union mirror , 2/2013, p. 3.
  6. ^ Franz Gamillscheg : "Kollektives Arbeitsrecht", Vol. I: "Basics, freedom of association, collective bargaining agreement, industrial action and arbitration", 1997, p. 1066, ISBN 3-406-40397-2 .
  7. ↑ for example LAG Berlin-Brandenburg, ruling from August 14, 2012 - 22 SaGa 1131/12 ; ArbG Mainz, decision of July 14, 2007 - 3 Ga 19/07; LAG Hessen, judgment of August 9, 2011 - 9 Sa 1147/11.
  8. ^ BAG, judgment of May 4, 1955 - 1 AZR 493/54 = NJW 1955, 1373.
  9. ↑ BAG, July 26, 2016 - 1 AZR 160/14 = BAGE 155, 347 = NJW 2016, 10.