The Stuttgart Labor Court found clear words: Officials in other places 100 or even 600 kilometers can not simply be contacted by the work council at the headquarters, the court ruled – and announced the works council elections at Daimler headquarters without further irritation of inefficiency.
Elections violate basic rules, this is justified. At the two remote operational units in Berlin and Gersbach with ten or 26 eligible employees, workers' councils must be selected. It does not matter whether a decision was made by a majority of about 20 years ago to participate in the election of the workers' council at the main plant.
Also, thanks to modern communication technologies such as Skype can be maintained in easy contact with 36 other employees, this is not enough. To be classified: About 17,000 people work in the Stuttgart headquarters. In March 2018 a 41-member Works Council was elected to the company.
Five Daimler employees challenged the election. Among other things, they are asking whether Stuttgart's headquarters in a car manufacturer that hires employees from many different areas of the group is legally a single company. These doubts, however, did not follow the court. Despite the divisions of MB Cars, Trucks and Van, this concerns a single enterprise.
The Stuttgart Labor Court decision is not yet final. The parties may lodge a complaint with the State Labor Court. At the headquarters, IG Metall's candidates had the most votes in the election.
Case number: 21 BV 62/18