Summary dismissal - public expression of anti-union and anti-management views during and in connection with collective agreement negotiations - membership of communist party. HEADNOTES Facts The plaintiff, employed by the defendant as an elec- trical engineer, was a youth representative at the defendant's establishment. On 2 July 1973 the plaintiff made a speech at an establishment youth meeting on the negotiation for a collective agree- ment to increase training compensation. He attack- ed the conduct of the Engineering and Metal Trades Union (IG-Metall) and demanded that work breaks be "prolonged" The youth secretary of IG-Metall who was present dissociated himself from the state- ments on behalf of his Union and drew attention to the industrial peace commitment under the collec- tive agreement. The plaintiff then said that he had made the statement not as youth representative but as his personal view. The defendant dismissed him without notice on 3 July 1973 with the consent of the works council. On 4 July 1973 the plaintiff dis- tributed a fly-sheet at the gates of the defendant's establishment, attacking the management and demanding his reinstatement. He also gave an inter- view for the German Communist Party (KPD) cell newspaper at the
International Labour Law Reports Online – Brill
Published: Jan 1, 1975
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