On December 11, 2009, the Berlin District Court decided that the Free Workers' Union Berlin (FAU-B) could no longer call itself a union or grassroots union. This is the culmination of a series of attempts by the Neue Babylon Berlin GmbH to legally hogtie the strongest and most active form of workers' representation in the company.
This attack on the basic right of freedom of association is a de facto ban of the union. The way we see it, it is the workers who decide how they want to organise. If it isn't overturned, this verdict will not only represent an affront against the FAU-B but also against any form of independent grassroots organising. Also see the article: How to support us?
Chronicle about the conflict in the cinema Babylon
From the fought foundation of the workers’ council in November 2008 until the forbiddance of the union FAU Berlin around one year later. The workers’ struggle in the cinema Babylon in headwords:
November 2008
The workers set up on their own a workers’ council, which was voted in the end of November.
December 2008
Repressions against members of the workers’ council: One of them gets no extension of his contract (he opens a court trial and wins), another one they take him off responsible works permanently.
December 2008/January 2009-12-17
Workers start to organise in the FAU Berlin. Foundation of a FAU workers’ council.
Beginning of January 2009-12-17
Regular meetings of the workers, organised by the workers’ council. From this point they develop collective claims.
22. January 2009
The workers’ council makes public the miserable wages, the staffing policy, the working atmosphere and the attacks against the workers’ council.
28. January 2009
The management of Babylon gets officially informed that the FAU has a site group in the cinema. No protest is following.
Beginning of February 2009
The site group of FAU claims to increase the wages per hour for the period of the Berlinale (because of heavy extra work load). The claim gets ignored by the management.
10. February 2009
During the Berlinale (Film Festival*) the first protest rally takes place in front of Babylon.
11. March 2009
A FAU member from Babylon, who was forbidden by the management to participate in the protest rally, gets fired. It follows a campaign for the re-hiring of the unionist.
Middle of May 2009
Spokespersons from FAU participate regular and on invite by the workers’ council to the works meetings in Babylon. During an officially dialog between FAU and management, FAU signalizes a model of a company agreement.
End of May 2009
As result of regular meetings the employees outlined a company agreement, until this time around 90 % of the workers in Babylon participated to develop their demands.
4. June 2009
FAU gives the company agreement to the management and asks for dialogs.
15. June 2009
The management rejects negotiations with FAU.
16. June 2009
FAU and its site group declare on the management the indefinite labour dispute. From now on (during the next months) FAU members and employees stand nearly daily in front of the company and inform about the conditions and the labour contract. The publicity gets informed.
Middle/ end of June 2009
In an in-house letter the management warns the employees about the FAU: it is observed by the Bundesamt für Verfassungsschutz (Federal Office for the Protection of the Constitution*).
25. June 2009
Rally for bargaining slides between FAU and the management.
End of June 2009
The Senate of Berlin and “die LINKE” (“socialist party”*) are officially blamed by FAU for the conditions in the cinema. Spokesmen declare multiple, they must not take a hand in the labour dispute.
Beginning of July 2009
In order to cut important co-determination rights of the workers’ council, the management declares to reduce the employees (from once more than 30) to less than 20. Beginning of the outsourcing into the second company of the director.
11. July 2009
The management gets a newly call to negotiations and is warned about an escalation of the labour dispute.
Middle of July 2009
The management declares it illegally to continue an employees meeting that finally takes place.
13. July 2009
FAU and its site group call to boycott the cinema Babylon Mitte.
14. July 2009
“The Small Industrial Band” makes a solidarity concert in front of the Babylon to support the boycott and the nearly daily pickets.
23. July 2009
FAU also starts to take actions in the second company of the director of Babylon, the temporarily opened open air cinema in Berlin/Charlottenburg.
27. July 2009
In an open letter the FAU writes about the responsibility of the party “die LINKE”.
29. July 2009
Pressing of charges because of “unlawful entry” against members of the FAU, who spread around flyers in the Babylon.
4. August 2009
Timothy Grossman (director of the Babylon Mitte) declares in the taz (former leftist newspaper*): “We will not negotiate with FAU about a labour contract.” And the Senate points out: “We cannot intervene in bargaining matters”, but they want to “get in dialogue”.
4. August 2009
It follows an increasing amount of protest letters by supporters to the Senate and “die LINKE”.
10. August 2009
The federal state vize head of “Die LINKE” Mr. Albers newly points out: “We are not…entitled to intervene in bargaining matters.”
25. August 2009
FAU newly calls the management to negotiations and threatens with a further escalation of the labour dispute.
26. August 2009
A security operation takes place in Babylon during an event about anarcho-syndicalism, which was initiated by Victor Grossman, father of the director.
28. August 2009
In support with the workers the Mayday association organises in front of the Babylon a video manifestation.
29. August 2009
Mr. Albers newly declares they cannot intervene in bargaining matters. But he already searches the dialogue with Grossman and plays the “link man”. Between whom he wants to link, escapes… However he is weather speaking with the FAU Berlin nor with the employees.
29. August 2009
Again FAU criticises the behaviour especially from “Die LINKE”, which claims, to stay in dialogue, but has still no contact to the FAU.
End of August/Beginning of September 2009
The budget debate starts in the Senate. The Babylon is topic. Concerning the shiftiness of the subsidies and the working conditions the political pressure enormously increases. Now a labour contract gets unavoidable.
3. September 2009
It seems to appear from nowhere: Ver.di (Germany’s biggest union*) announces negotiations with the management. Triumphantly the management spreads around the press release by ver.di. The FAU is aware of this and promptly releases an open letter, in which it expresses the suspicion that this was politically contrived in order to undermine the workers’ struggle.
Beginning/Middle of September 2009
Completely silence: press, publicity and politics display the intervention of Ver.di as a well-meant solution of the labour dispute. Andreas Köhn, the chief negotiator of Ver.di rejects the accusations by FAU.
22. September 2009
Members from the union Ver.di, who work in the Babylon stay to the demands by FAU Berlin.
23. September 2009
“Fred Alpi” makes a solidarity concert in front of the Babylon to support the boycott and the still nearly daily pickets.
25. September 2009
Workers’ meeting and protest: Köhn appears the first time. The employees claim consensual that they do not want a solo attempt by Ver.di. Protests by FAU at the “left night of cinema” an event initiated by “Die LINKE”. “Die LINKE” spreads - what surprise - flyers, where it states to be the middleman in the intervention by ver.di. Mr. Köhn further denied this fact on a meeting as he was asked.
6. October 2009
Dialogue with ver.di: the chief negotiator continues to pay lip services, no concrete coalition agreement with the FAU, first he wants to speak with the employer.
7. Oktober 2009
Court decision per preliminary injunction against the FAU Berlin. FAU is not allowed anymore to call for a boycott. In the statement of case the management complaints about a loss of co-operation partners and customers. The management evaluates the decision in the direction that FAU has no collective-bargaining capacity.
8. October 2009
What a surprise: promptly ver.di announces the first round of negotiations with the management.
10. October 2009
Newly protests and rallies in front of the Babylon.
Middle of October 2009
Further tries by FAU to get in dialogue with ver.di, in order to fullfill the mandate by the workers’ meeting and form the joint bargaining unit. Ver.di delays.
21. October 2009
¾ of the employees sign again a list of their claims, by which they hold fast to the outlined house agreement by FAU. They call on Mr. Köhn to respect the will of the workers’ meeting, to make no solo attempt.
25. October 2009
Babylon has guests, representatives, from the murder state Columbia (Expo Columbia). Collective video manifestations by FAU Berlin, Kanal B, Breites Bündnis für Kolumbien (broadly based association for Columbia*), AK Internationalismus (workshop internationalism*) from the labor union IG-Metall.
28. October 2009
Ver.di starts negotiations with the management.
1. November 2009
FAU officially dissociates itself from ver.dis’ solo attempt and its content of negotiations.
6. November 2009
FAU Berlin accuses ver.di and Mr. Köhn in a newly open letter and condemns the illegitimate and disenfranchising behaviour by ver.di towards the employees.
Beginning/Middle of November 2009
The company’s restructuring, which is to the disadvantage of the previous crew, starts.
Middle of November 2009
In several medias Mr. Köhn spreads lies about the FAU, e. g. there has not been a labour dispute and that the protesters who spread the flyers were paid by FAU. Ver.di stops the long-time co-operation with the lawyer, who trained the workers’ council and represented FAU in the trial.
20. November 2009
The second round of negotiations between ver.di and the management gets surprisingly delayed. At the same time the management threatens FAU Berlin to legally prohibit it to use the word “labour union”.
10. December 2009
What already leaked out simultaneously with the intervention of ver.di now becomes officially: Babylon shall get � 30,000 - earmarked to wage increases. The upcoming labour contract is deemed to be safe. Paradoxical stays that these monies and the improvement actually were fought by FAU. A nice deal, which came up with the Senate, ver.di and the management.
11. December 2009
Without oral hearing the court deprives FAU Berlin the self-designation “labour union”, which is almost the same as a union ban.
Always:
An active FAU workers’ group and a highly stubborn workers’ council struggle are struggling in the company for better working conditions. Supporters, who let the Babylon not come to a rest, give all involved the power and the patience for the labour dispute.
Now:
It's neck or nothing! Defend the labour union freedom!
(notes by the translator*)
Source:
http://www.fau.org/artikel/art_091215-105446 Links :
http://www.fau.org/http://prekba.blogsport.de/einfuehrung-introduction/http://www.fau.org/verbot/art_091216-010818 (How to support FAU Berlin)
http://www.ainfos.ca/en/ainfos23420.html
by Askaso Tue 17 Dec 2013, 10:35 pm
Subject: Germany, FAU Berlin may no longer be called union 
