Right of access under works constitution law

Gem. § 46 para. 1 Sentence 1 BetrVG, representatives of a union represented in the company can take part in company or departmental meetings. According to a resolution of the First Senate of September 19, 2006 ( 1 ABR 53/05 ), an employee association that is not eligible for collective bargaining does not have this right of access under the works constitution. A union in the sense of of the Works Constitution Act is only an employee association eligible for collective bargaining. The term union is also used in this law in its general meaning. According to this, trade unions are those employee associations that are able to conclude collective agreements. The rights that the Works Constitution Act grants to trade unions cannot therefore be claimed by employee associations that lack the social power required to be able to collectively bargain. This is with their Art. 9 Paragraph. 3 GG guaranteed freedom of activity and Article 3 Paragraph 1 GG compatible. The powers of the trade unions under the Works Constitution Act exist in the interests of the works constitution and collective bargaining regulations. Their effective implementation not only requires an efficient organization, but also the willingness and ability to take into account the complex interrelationships and interactions between collective bargaining and works constitution law. The legislature was allowed to assume in a typical manner that only employee associations that are eligible for collective bargaining have sufficient access to this. The Senate therefore rejected the application of the non-tariff association of union employees, with which it wanted to obtain the obligation of the works council of a regional district of the United Services Union to comply with Section 46 Para. 1 BetrVG to grant an association representative access to the works meetings.