Compensation of third-party companies in the event of a strike
(Federal Labor Court, decision dated August 25, 2015 – 1 AZR 754/13)
Third-party companies are often affected by strikes. In its ruling from August 25, 2015 the Federal Labor Court decided that airlines affected by an air traffic controller strike were not entitled to claims for compensation against the trade union leading the strike (GdF) for flights cancellations, delays and diversion owing to the strike.
The factual situation underlying the decision was as follows: In the spring of 2008 there was an apron controller strike at Stuttgart Airport in an effort to push through pending pay negotiations with the airport operator. On April 06, 2008, air traffic controllers active with the defendant trade union and employed with the Deutsche Flugsicherung GmbH (DFS) launched a support strike out of solidarity. In spite of a standby service, there were numerous flight cancellations and delays. Following a prohibition order by the Labor Court of Frankfurt am Main, GdF suspended the support strike ahead of time.