On Monday, October 5th the Directorate organized an informational meeting for staff with the BIS lawyer, Dr. Oliver Baumann, and the Works Council (BR) lawyer, Klaus Diepenbruck. The goal for this meeting was for both lawyers to clarify the similarities and differences between a Works Agreement (Betriebsvereinbarung) and a Collective Bargaining Agreement (Tarifvertrag), and to give the opportunity for all staff to ask questions.
Both Dr. Baumann and Herr Diepenbruck were in agreement that each of these documents (WA and CBA) are binding contracts, however a WA is between a Works Council and the school, and a CBA is between a union and the school. One of the main differences between the two is that while in a CBA the union is able to co-determine salaries and working hours, in a WA, the Works Council cannot. Another difference is that if a Works Council feels there is unfair treatment, the only means to take action is by taking the matter to a conciliation board. A conciliation board is an outside, third party that will act as a mediator during negotiations and can be very costly to the school. Even with a conciliation board present, a Works Council is unable to co-determine salaries or working hours. In a CBA, a union can take action in different way, including going on strike. Also, a WA is applicable for all staff, whereas a CBA technically is only for union members. It can be decided by the employer whether or not to extend it to all staff. Herr Diepenbruck shared that in most cases, the employer will extend the outcomes of a CBA to all staff. The previous Directorate confirmed in writing (17.06.2014) that the benefit would be extended to all staff. This was also part of the original agreement with the previous Directorate.
During the course of this meeting, Dr. Sorenson continuously expressed her perspective that she and Marco were always negotiating with the Works Council (BR), and were unaware of those that were also TK members. It was made clear that she thinks the union is threatening to the school and that she and the Board are absolutely opposed to having a union (Ver.di) as a third party involved with anything at BIS.
Both Dr. Baumann and Herr Diepenbruck were in agreement that each of these documents (WA and CBA) are binding contracts, however a WA is between a Works Council and the school, and a CBA is between a union and the school. One of the main differences between the two is that while in a CBA the union is able to co-determine salaries and working hours, in a WA, the Works Council cannot. Another difference is that if a Works Council feels there is unfair treatment, the only means to take action is by taking the matter to a conciliation board. A conciliation board is an outside, third party that will act as a mediator during negotiations and can be very costly to the school. Even with a conciliation board present, a Works Council is unable to co-determine salaries or working hours. In a CBA, a union can take action in different way, including going on strike. Also, a WA is applicable for all staff, whereas a CBA technically is only for union members. It can be decided by the employer whether or not to extend it to all staff. Herr Diepenbruck shared that in most cases, the employer will extend the outcomes of a CBA to all staff. The previous Directorate confirmed in writing (17.06.2014) that the benefit would be extended to all staff. This was also part of the original agreement with the previous Directorate.
During the course of this meeting, Dr. Sorenson continuously expressed her perspective that she and Marco were always negotiating with the Works Council (BR), and were unaware of those that were also TK members. It was made clear that she thinks the union is threatening to the school and that she and the Board are absolutely opposed to having a union (Ver.di) as a third party involved with anything at BIS.