The law on industrial disputes is constantly in motion.
Following the highly-publicised decisions of the BAG on the
permissibility of collective social plans and support strikes, on
19 July 2012 (docket no. 1 AZR 775/10) the First Senate was called
to decide upon damage claims of an enterprise which, despite having
just changed its form of membership to membership without tariff
commitment, was the target of strike measures.
The "last-minute" change to an association membership
without tariff commitment (non-tariff membership) has for some time
already been seen by enterprises as a tried and tested means of
evading foreseeable tariff wage increases whilst still being able
to enjoy the benefits of an employers' association. This was
also the intention of the suing enterprise: When new a new round of
collective bargaining on the collective wages and salaries
agreement was in sight, it changed its membership of its previous
employers' association to a non-tariff
