“Virtus Perdurat” 86 TH AIRLIFT WING Civilian Personnel Management Course (CPMC) - NUS 86 MSS DPCN/EMR

“Virtus Perdurat” 86 TH AIRLIFT WING Civilian Personnel Management Course (CPMC) - NUS 2 Works Councils (WC) German Labor Law and Basics of Participation

“Virtus Perdurat” 86 TH AIRLIFT WING Civilian Personnel Management Course (CPMC) - NUS 3 Works Councils Structure of the Presentation General Legal provisions Participation rights in detail Cooperation Co-determination Summary

“Virtus Perdurat” 86 TH AIRLIFT WING Civilian Personnel Management Course (CPMC) - NUS 4 General Definition (1/2) Definition: The works council is a committee that is elected from the non-us workforce of an agency, to represent the interests of that workforce.

“Virtus Perdurat” 86 TH AIRLIFT WING Civilian Personnel Management Course (CPMC) - NUS 5 General Definition (2/2) Committee Making decisions as a group Agency Determination by USAFE HQ Representing interest of employees Legal basis and those rights are enforceable through labor court Term of office - 4 years

“Virtus Perdurat” 86 TH AIRLIFT WING Civilian Personnel Management Course (CPMC) - NUS 6 Legal Provisions Most important Rights of the WC (1/3) Immediate contact to agency chief Personnel assemblies twice per year Monthly meetings Special termination protection Regular WC-members Substitute WC-members

“Virtus Perdurat” 86 TH AIRLIFT WING Civilian Personnel Management Course (CPMC) - NUS 7 Legal Provisions Most important Rights of the WC (2/3) Release from duty with pay There is a release from duty full-time, if the number of employees exceeds 300 In order to get specific training In order to do the necessary WC business

“Virtus Perdurat” 86 TH AIRLIFT WING Civilian Personnel Management Course (CPMC) - NUS 8 Legal Provisions Most important Rights of the WC (3/3) Participation rights Right to be informed timely and comprehensively Right to be heard, enables the WC to show initiative Cooperation Formal procedure Catalog of topics Co-determination Formal procedure Catalog of topics

“Virtus Perdurat” 86 TH AIRLIFT WING Civilian Personnel Management Course (CPMC) - NUS 9 Cooperation Rights Cooperation Procedure (1/2) Employer requests cooperation WC disapproves Employer reconsiders measure based on compelling reason of WC WC approves or does not respond No action Employer disagrees with WC arguments Proceed with action Decision by the agency chief on local level WC has 10 work days to respond WC has 3 work days to consider the decision of the employer

“Virtus Perdurat” 86 TH AIRLIFT WING Civilian Personnel Management Course (CPMC) - NUS 10 Cooperation Rights Cooperation Procedure (2/2) Decision of the WC not later than 3 days No objections Proceed with action Raises objections Inform agency chief No action Elevation of objection to CINC USAFE and initiation of cooperation procedure with command WC Final decision by management representative

“Virtus Perdurat” 86 TH AIRLIFT WING Civilian Personnel Management Course (CPMC) - NUS 11 Cooperation Rights in Detail Cooperation Topics 1. Appointment of employees 2. Allocation of duties rating higher or lower than the previous ones, up-grading or downgrading, initial grading 3. Development of social plans 4. Measures to increase work output and to facilitate the progress of work 5. Implementation of basically new working methods 6. Administrative directives for internal, social and personal matters 7. Disintegration, limitation, transferal and assembly of agencies 8. Ordinary notice termination 9. Ordinary notice of change in employment condition

“Virtus Perdurat” 86 TH AIRLIFT WING Civilian Personnel Management Course (CPMC) - NUS 12 Co-determination Rights Co-determination Procedure (1/2) Employer requests co-determination WC has 10 work days to respond WC non-concurs and offers reasons WC concurs or does not respond Proceed with action Employer reconsiders measure based on compelling reasons of WC No action Employer disagrees with WC arguments Agency chief raises the measure to next level for co-determination within 6 work days Inform the WC

“Virtus Perdurat” 86 TH AIRLIFT WING Civilian Personnel Management Course (CPMC) - NUS 13 Co-determination Rights Co-determination Procedure (2/2) Measure raised by agency chief not later than 6 work days CINC USAFE requests co-determination for planed measure with Command WC Concurrence of Command WC Proceed with action No agreement or non-concurrence of Command WC Conciliatory committee; an impartial third (judge) has the lead Decision Proposal Final decision

“Virtus Perdurat” 86 TH AIRLIFT WING Civilian Personnel Management Course (CPMC) - NUS 14 Co-determination Rights in Detail Co-determination Topics (1/4) 1. Transfer to another agency 2. Detail for a period of more than 3 months 3. Continued employment beyond the age of retirement 4. Instructions restricting freedom of choice of the home 5. Refusal to grant or revocation of the permission for a secondary occupation 6. Granting of support allowances, advance payments and loans 7. Assignment and termination of quarters 8. Allocation of land belonging to the agency or of any leased land and laying down the conditions for its use 9. Beginning and end of the daily tour of duty and the breaks

“Virtus Perdurat” 86 TH AIRLIFT WING Civilian Personnel Management Course (CPMC) - NUS 15 Co-determination Rights in Detail Co-determination Topics (2/4) 10. Determination of the time and place and method of payment 11. Annual leave plan; settling differences with the timing of annual leave, if there is no agreement 12. Wage policies, development of new payment methods, piece rate and premium tables 13. Management of welfare facilities maintained exclusively for civilian labor 14. Implementation of vocational training 15. Choice of participants in events furthering the education 16. Contents of personnel questionnaires

“Virtus Perdurat” 86 TH AIRLIFT WING Civilian Personnel Management Course (CPMC) - NUS 16 Co-determination Rights in Detail Co-determination Topics (3/4) 17. Guidelines for the assessment of the work performance of employees 18. Appointment of public health commissioners or agency medical advisors as civil servants 19. Measures for the prevention of accidents at the place of work and of other damage to health 20. Principles for the valuation of recognized proposals within the framework of the proposal system of the agency 21. If announcement of positions to be filled is waived 22. Principles of order and conduct of employees 23. Layout of the work place

“Virtus Perdurat” 86 TH AIRLIFT WING Civilian Personnel Management Course (CPMC) - NUS 17 Co-determination Rights in Detail Co-determination Topics (4/4) 24. Introduction and application of technical facilities designed to control the conduct or performance of the employee 25. General questions concerning the further education of the employees 26. Guidelines of personnel selection to appointments, transfers, re-grouping and notice of termination of employment 27. Making claims for damages against an employee

“Virtus Perdurat” 86 TH AIRLIFT WING Civilian Personnel Management Course (CPMC) - NUS 18 Major Differences in the Participation Rights Cooperation Only employer can initiate measures falling under cooperation The WC can appeal the employers decision Final decision by USAFE/A1 No appeal possible Co-determination Both parties can initiate measures falling under co-determination The employer can appeal the WC ’ s non- concurrence Depending on the action taken or initiator the conciliatory committee decides Last resort: the decision of the conciliatory committee can be referred by both parties to court for review

“Virtus Perdurat” 86 TH AIRLIFT WING Civilian Personnel Management Course (CPMC) - NUS 19 Consequences of the Unrestricted Application of the Fed.Pers.Rep.Law of 1991 Proposed measures must be understandable and have a justified rationale The co-determination makes practicable solutions between employer and WC necessary in order to evade formal procedures The employer must be willing to take back actions, that have not been concurred upon by the WC, if the WC denied concurrence offering justified reasons On local level agreements should be made possible, because: -Little influence regarding the decision later on -Time and money consuming -Evade a final decision by the conciliatory committee -Try to use shop agreements to the extend possible

“Virtus Perdurat” 86 TH AIRLIFT WING Civilian Personnel Management Course (CPMC) - NUS 20 Summary The underlying rationale is, to protect the employees as a group from one-sided and possibly adverse decisions of the employer Even though the WC is a collective body, it has participation rights in individual cases The topics of participation require interpretation and a case-by-case approach Negotiations instead of decisions are required

“Virtus Perdurat” 86 TH AIRLIFT WING Civilian Personnel Management Course (CPMC) - NUS 21 Whenever you plan to take an action that requires WC Participation CALL: 86 MSS DPCN/EMR