HEADNOTES Facts A works council made an application for the setting up of a committee on business questions in a group of three book-publishing firms closely linked from the point of view of organization and field of busi- ness. The local labour court approved the application on the ground that the wide range of publications offered was aimed at profit-making and that the group was not therefore an enterprise serving a field of ideas or opinion (Tendenzunternehmen). On appeal, the Land labour court set aside the decision and rejected the works council's application. It held that the aims of the publishing group were in the artistic, scientific, educational and political fields; that the publishers could be placed under various combinations of the headings in Section 108( 1 )( 1 ) of the Works Constitution Act; that profit-seeking did not make these provisions inapplicable; and that the special arrangements for such business units in the Act were not unconstitutional. Decision Diversity and broadness of publishing purposes does not take a publisher out of the protection of the Works Constitution Act. Such protection is consti- tutionally valid since it balances the statutory right of the works council with the freedom
International Labour Law Reports Online – Brill
Published: Jan 1, 1975
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