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The Silver Lining
Few people like
Andrea Nahles,
but that is all the same to her. Andrea Nahles sings and wins, that is all that matters to her. Her third greatest
victory is the Collective Bargaining Act. With that, she has banned anyone from speaking up anymore, which is the
way it has been for a long time now in the sham democracy that is Germany: Protesters who flock together in small
trade unions, ridiculing the government as the opposition continues to shake the politicized industrial peace.
Thanks to Nahle, protest will finally be standardized. Just 70 years ago, this was known as enforced conformity.
The new law was approved after “a hefty exchange of blows” in the Bundestag. The government said the law was
necessary so that “small specialty unions cannot shut down the country with a strike.”
The opposition called it “excessive interference with the right to strike” and said it “undermines constitutional
rights.” Nahles defended her law in the Bundestag as “a means of strengthening free collective bargaining.” Well,
money makes money, as they say, so the one with the most money will be the devil’s favourite.
In the Bundestag, 448 voted for and 126 against the law, with 16 abstentions. It was a miracle that (more than 40)
members of the Coalition voted against it. The Bundesrat (Federal Council) is expected to give its blessing to the
law on 12 June 2015. A majority in the upper chamber is not significant, therefore the regulations will take
effect the following month. From then on, only those collective bargaining terms concluded with the union with the
most members will apply in the shop. At a company that only employs pilots, this might not be a problem, but it
will be a problem at a company that also employs metal workers, lawyers or logistics specialists. As with party
politics, in which only those who have the most members in the Bundestag govern, thanks to bold election promises
that turn out to be lies after the victory celebrations, only those with the right union membership card can
strike.
It is doubtful that our rotten economy á la party politics is a suitable model for ordinary employees. Of course,
the procedure for calling a strike will take longer in the future, because it will have to be coordinated in
different camps. It remains to be seen how this will be in the interest of the economy or the consumer.
Several professional unions, as the Marburger Bund hospital physicians association, the train drivers union GDL,
the pilot's union Cockpit, the Ver.di united services union and the German Federal Government Civil Service Union
have filed a complaint with the Federal Constitutional Court against the new law.
A ruling from the court may take some time, and it remains to be seen whether it will favour the interests of
business or is good for employees and potential strikers.
Curbing the right to strike fits right in at a time when political parties, who have the most members, enforce
their policies. Opposing views are no longer considered, no longer anticipated, and have no lobby. Not even in
the courts, since the judges are bound by instructions and at the service of those who have the power. A ruling
from them is actually superfluous. If only those pesky protesters were out of the way so the majority party would
not have to put up with them anymore. A new day is coming, though, in which the ludicrous rulings of an institution
that has long been supressed, will be completely redundant. It just takes time for a true dictatorship to emerge
from a sham democracy. But Andrea Nahles is the silver lining in this framework. A hero who does not need to be
able to do anything except toss around ideas with the agreement of everyone in the party, who agree to everything
anyway. Mass instead of class. Nahles has shown her hand: There is no right to strike.
Under
Art. 9 of the German Constitution,
all Germans have the right to form associations and societies, including those that promote working and economic
conditions (Par. 3). Individuals are guaranteed the right to free association; the (collective) freedom of
association protects the activities of associations, which include the negotiation and conclusion of collective
bargaining agreements. This freedom of collective bargaining is a fundamental right. It must be cultivated by the
legislature, which is now rummaging in the garden of employees and toying with the lives of those who are striking
in hopes of some kind of solution to an already impossible situation. There are already prohibitions on striking
(resolution of the Federal Labour Court of 21 April 1971). It is always supposed to be a last resort. Thanks to Mrs
Nahles' push, strikes may only be called in the future if the employees of a company belong to the majority union
and are fighting for higher wages.
A little less is always better for those who are not allowed to grumble: the workers. That is what the companies
want, and when they want something they complain to the lawmakers, who endeavour to give a little more to those who
profit from the earnings. Of, course, something is wrong here: If only those who are in a majority may do what they
want, why are a handful of business people always in charge? Employees should be able to decide what they want on
their own in the future. They are always the majority. That would be fair. We should also get rid of Nahles with
her expensive, impossible or senseless ideas. We do not need a silver lining. We need real heroes, both men and
women.
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