Tesla plant in Grünheide: Court follows IG Metall's application, postpones works council election

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IG-Metall election poster: Works council elections that have been initiated are likely to be viewed as null and void

Photo: Patrick Pleul / dpa

The Frankfurt/Oder labor court has issued an interim injunction ordering the postponement of the works council election at the Tesla factory in Grünheide.

The judges followed the request of IG Metall, which had asked for more time to prepare for the election. It ordered that the election initiated by the electoral board be canceled and not restart before February 29.

"According to the current state of knowledge (...), the works council election that has been initiated can be viewed as likely to be void with the necessary certainty," the court said in a statement on Tuesday. “Initiating a works council election outside the times stipulated by the Works Constitution Act represents, in the Chamber’s opinion, an obvious and particularly gross violation of the election regulations.”

The employee representatives consider the timing of the election to be premature overall because the deadline for initiating new elections is not reached until February 29, 2024 and an election initiated beforehand must therefore be viewed as void.

With the application for an interim injunction at the labor court, IG Metall wanted, in its own words, to “ensure equal opportunities for all Tesla employees in the works council elections.” The electoral board appointed by the current works council unnecessarily created a lot of time pressure in preparing for the election and thus disadvantaged the production employees, most of whom were not at the factory for two weeks due to the shutdown in Grünheide. “Without direct interaction with colleagues at work, it is much more difficult for them to prepare for the works council election and especially the nomination of candidates.”

Gross violation of election regulations

IG Metall welcomes the decision of the Frankfurt/Oder labor court: “This is a good decision,” explained IG Metall district manager Dirk Schulze. “This allows the court to make an election without unnecessary time pressure.”

IG Metall went to court at the beginning of February to ensure equal opportunities for all employees at the plant. As a result of disruptions in the supply chain caused by attacks by the Houthi militia on ships in the Red Sea, factory management ordered a two-week production stop at the end of January. While management and administration employees continued to work, many production employees stayed at home during this time.

But this is exactly how the workers were deprived of the opportunity to discuss the selection of the works council members they trust, argues IG Metall. With the end of the operational break on February 11th, employees would only have until February 15th to create an election proposal, recruit candidates and collect signatures.

The works council of 39 members was originally supposed to be elected on March 18th, 19th and 20th. More than 12,000 people work for the plant. Only adult, permanent employees who have been working at Tesla for at least six months can be elected. An election proposal must be supported by 50 employees entitled to vote.

The current works council was elected in February 2022 without any significant influence from IG Metall. At that time, most of the workers currently working in production were not yet employed at the factory. The employees - the majority employed in administration and middle management - gave their vote to the Giga-Voice list. From IG Metall's perspective, this list is particularly friendly to the management. Trade unionists are now hoping for a majority for the faction supported by IG Metall.

»We are looking forward to the second works council election at Tesla in Germany. “Together with those active in the factory, we are preparing for this with all our might and are committed to a works council that is independent of management and represents the interests of all Tesla employees,” says the union’s press release. The metal workers at Tesla are ready to fight for their co-determination rights and to set up a strong representation of interests.

However, it is still unclear whether the postponement will stick. Tesla representatives are currently examining whether legal remedies are possible against the labor court's decision.