Weimar Hospital successful with HEUKING once more – ver.di forced to cancel warning strike again

On October 9, 2024, Erfurt Labor Court issued another temporary injunction, again prohibiting trade union ver.di from striking at Sophien- und Hufeland-Klinikum gGmbH.

Trade union ver.di had called for a warning strike to be held on October 14. Evangelische Kirche in Mitteldeutschland (KdöR) [Protestant Church in Central Germany, a corporation under public law], Diakonisches Werk Evangelischer Kirchen in Mitteldeutschland e.V. [Social Service Agency of the Protestant Church in Germany, a registered association], and Sophien- und Hufeland-Klinikum gGmbH, legally advised by a team led by Dr. Utz Andelewski, Partner at HEUKING, already successfully had trade union ver.di banned from holding a warning strike in the summer. Now, the scheduled warning strike for October has also been prohibited.

In the summer, Erfurt Labor Court had already upheld the case law established by the Federal Labor Court and now also affirmed that church institutions “adhering to collective bargaining agreements” are not subject to strike actions. Erfurt Labor Court thus expressly reaffirmed the constitutionally protected autonomy of churches and their institutions, despite claims from trade union ver.di that the interpretation of the relationship between the right to strike and church autonomy is evolving. “We are pleased to have once again supported our client in this matter,” said Dr. Utz Andelewski from HEUKING.

Counsel Evangelische Kirche in Mitteldeutschland (KdöR),
Diakonisches Werk Evangelischer Kirchen in Mitteldeutschland e.V. und
die Sophien- und Hufeland-Klinikum gGmbH:
HEUKING:
Dr. Utz Andelewski (Lead),
Ann-Kathrin Weber,
Dr. Christopher Wiencke (all employment), all Berlin