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Fisher, Paul / Works councils in Germany
([1951])
Non-legal methods of union control of works council activities, pp. 12-16
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Page 15
- 15 - these shop stewards are elected by the union members only. According to the various union constitutions, each shop or division elects its union representatives. The metal workers provide in principle for one shop steward for every 30 union rmemrbers. The shop stewards solicit membership, collect dues, discuss and implement union policy, and provide the liaison between union members and the works council. Apart from the shop stewards, the union members also elect delegates to union conventions. IXhile the delegates represent the union members outside the plant in the local, regional or national union organizations, the shop stewards act within the plant. There they hold their own meetings, form the "shop steward body", elect their own chairman etc. Theoretically, the shop stewards and their assembly could exercise a controlling function over the works council and keep it in line. In many plants organized by the Metal Union, the works council actually reports monthly to the shop stewards. (In one case, the employer even consented, in a shop agreement, to pay for the time spent in such meetings during working hours by his 80-odd shop stewards.) This meeting could become a check on, and a source of information and union inspiration for the works council. Actually, the works council chairman and the other members of the works council so often unite in their person some important union office - they are the presidents of the local or the elected shop steward chairman, delegate, if not memhbers of the national union executive committee - that the position is normally reversed. As a rule, the shop stewards then function as agents of the works council in their respective shops and divisions where they perform council functions, such as the processing of grievances, and refer to the council only those grievances which they are unable to settle. Shop Agreenents' To prevent works councils from entering into shop agreements which may prove embarrassing for the union, e.g. interpreting union rules or provisions of the collective agreement in a way which is unacceptable to the union, some unions have attempted to participate in the field of plant agreements. Thus far, the unions have failed to avail themselves of the opportunity afforded by the collective bargaining law of February 2, 1949 which permits the determination of intra-shop conditions by the collective agreement. Instead, they have preferred either to recommend model shop agreements to the works councils, or to step in wherever a dangerous situation was developing and, in most cases, they were in time to prevent any damage. The miners, however, are now thinking of establishing a model shop agreement in mutual understanding with the employers' association. Thus, this area of activity heretofore reserved for
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