Solidarity strike
A solidarity strike , also known as a support strike or a sympathy strike , is a special form of strike . Its specialty is that the employees are not directly affected by the substantive dispute in the main industrial action. The aim of the solidarity strikers is to use their strike to increase the effectiveness of the union involved in the main industrial action.
With the judgment of March 5, 1985, the Federal Labor Court (BAG) expressly stated for the first time on the legal classification of solidarity strikes: Solidarity strikes are fundamentally inadmissible, unless there is an exceptional case. According to the BAG, there is an exception if there is either an economic link with the employer of the other company, or the other employer has violated its "duty of neutrality".
However, the BAG reversed the requirements for the legality of support and solidarity strikes in its judgment of June 19, 2007 - 1 AZR 396/06 because of the abandonment of the core area formula. Since then, a solidarity strike has been permissible in principle, unless it is disproportionate.