Gewerkschaft der Neuen Brief- und Zustelldienste

The Gewerkschaft der Neuen Brief- und Zustelldienste (GNBZ) is a German association that describes itself as a specialist trade union for the new postal companies in Germany. It was founded on 12 October 2007 in Berlin, at a time of disputes over minimum wages among postal service providers. The association presents itself as campaigning for job security, fair and affordable wages for all, and fair competition. However, German labour courts determined that the GNBZ is not a trade union. The Arbeitsgericht Köln (Cologne Labour Court) found on 30 October 2008 that, because of substantial financial support from the employer side, the GNBZ lacked the independence required of trade unions. The Landesarbeitsgericht Köln (Cologne Regional Labour Court) upheld this on 20 May 2009 and set the amount in dispute at 450,000 euros. The GNBZ and the employer association AGV-NBZ initially appealed to the Bundesarbeitsgericht but withdrew their appeals, meaning the GNBZ cannot be a party to a collective agreement and previously concluded agreements became invalid. The GNBZ has its office in Cologne and a seven-member board. Its full-time board member and managing director is Arno Doll. The association has stated a membership of 1,300, employed at 28 companies nationwide, including people in key operational positions such as depot managers and production managers. Membership fees are 0.5 percent of gross pay for those earning more than 410 euros per month, or 1.50 euros per month for lower earners and extraordinary members. According to managing director Doll, the GNBZ is financed exclusively from membership fees and donations. The GNBZ became controversial after it emerged that it had received 133,526.69 euros from the employer side via the PIN Group, allegedly routed through a Cologne law and tax firm. The Cologne Labour Court's finding of a lack of independence, and the subsequent confirmation by the Regional Labour Court, were based on these substantial financial contributions from employers. The GNBZ acknowledged in a press release of 22 March 2008 that it had relied on "donations and grants" during its founding phase, but did not say from whom. It rejected claims of employer financing as "incomprehensible" and allegations of additional fee payments to board members as "false and malicious." The Cologne public prosecutor's office declined to open criminal investigations for lack of initial suspicion after ver.di filed a criminal complaint; ver.di appealed that decision. The GNBZ's legal status remains that of an association that is not capable of collective bargaining. Its website domain gnbz.de is now listed for sale, and the site no longer hosts the organisation's content.

The Gewerkschaft der Neuen Brief- und Zustelldienste (GNBZ) was founded on 12 October 2007 in Berlin. Its founding followed disputes in the summer of 2007 over minimum wages among postal service providers. According to a report by the television magazine Report Mainz, the employer association Neue Brief- und Zustelldienste (AGV NBZ) was significantly involved in the founding of the association, which the AGV NBZ denied. The PIN Group, the Bundesverband der Kurier-Express-Postdienste (BdKEP), and the AGV NBZ were said to be interested in an uncritical employee organisation. The founding and a demonstration against minimum wages organised by the PIN Group two days earlier were accompanied by favourable coverage in Bild-Zeitung, whose parent company Axel Springer AG was the majority shareholder of the PIN Group. On 19 October 2007, the competent Rechtspfleger of the Amtsgericht Köln refused to register the GNBZ as a registered association (Verein) because, with its 19 members, it was not capable of collective bargaining. The GNBZ later stated a membership of 1,300, employed at 28 companies nationwide, including people in key operational positions such as depot managers and production managers. It has its office in Cologne with a seven-member board. The full-time board member and managing director is Arno Doll. According to research by Bundestag member Werner Dreibus, Doll was a 66-year-old former member of the management board of the Tengelmann group who subsequently worked as a tax and business consultant. Other founding board members, according to the GNBZ itself, were Christian Hocke, Michael Hocke, Uwe Reichelt, Armin Woick, and Annett Zeise. According to research by the weekly newspaper Jungle World, C. and M. Hocke and Reichelt were employees in management positions at PIN Berlin at the time of the board election, as was Heike Dix, named as the GNBZ website officer. The GNBZ became controversial after it became known that it had received 133,526.69 euros from the employer side via the PIN Group. The payments were allegedly concealed by routing them through a Cologne law and tax firm. The full-time board member Doll allegedly received, via this route, additional monthly payments of 21,500 euros from the GNBZ on top of his monthly salary of 3,500 euros. The Cologne firm also invoiced PIN Holding on 5 and 7 December for "consulting services" totalling around 900,000 euros with the subject "PIN Group AG wg. Gewerkschaft" (PIN Group AG re: trade union). These were paid a few days before the resignation of Günter Thiel as PIN board chairman on 17 December. The insolvency administrator is examining whether these payments are subject to avoidance and must be reclaimed. The payment of just over 130,000 euros to the GNBZ was confirmed by former PIN Group chief Thiel. The insolvency administrator of the PIN companies also confirmed that on 10 December 2007 a payment in the stated amount flowed from PIN Holding via a detour to the GNBZ. Board chairman Thiel denied, however, that they had wanted to influence the GNBZ. In a press release of 22 March 2008, the GNBZ admitted that in its founding phase it had relied on "donations and grants." It did not explain from whom these came. It described the claim of employer financing as "incomprehensible" and rejected the accusation of additional fee payments to board members as "false and malicious." It stated that at no time had there been influence by the PIN Group or even bribery. After the Vereinte Dienstleistungsgewerkschaft (ver.di) filed a criminal complaint, the Cologne public prosecutor's office declined to open criminal investigations for lack of initial suspicion; ver.di appealed this decision. On 30 October 2008, the Arbeitsgericht Köln found that the GNBZ, due to substantial financial contributions from the employer side, did not have the independence required of trade unions. The GNBZ and the employer association NBZ appealed. On 20 May 2009, the Landesarbeitsgericht Köln rejected the appeal and set the amount in dispute at 450,000 euros. According to the decision of the Landesarbeitsgericht Köln of 20 May 2009, the GNBZ is not capable of collective bargaining. The legal appeals initially lodged by the GNBZ and the Arbeitgeberverband der Neuen Brief- und Zustelldienste e.V. (AGV-NBZ) with the Bundesarbeitsgericht were withdrawn by them. The GNBZ therefore cannot be a party to a collective agreement. Agreements concluded up to then are thus invalid, and some were already terminated beforehand.

• GNBZ founded in Berlin on 12 October 2007.

• Amtsgericht Köln refuses to register GNBZ as a Verein on 19 October 2007 because it was not capable of collective bargaining with 19 members.

• GNBZ press release of 22 March 2008 admits reliance on "donations and grants" during founding phase.

• Arbeitsgericht Köln finds on 30 October 2008 that GNBZ lacks the independence required of trade unions due to substantial employer funding.

• Landesarbeitsgericht Köln rejects appeal on 20 May 2009 and sets amount in dispute at 450,000 euros; GNBZ is not capable of collective bargaining.

Self-described specialist trade union for new postal companies in Germany; legally determined not to be a trade union and not capable of collective bargaining.

• Employer financing scandal

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• Arbeitsgericht Köln ruling on independenceOther

• Landesarbeitsgericht Köln ruling on collective bargaining capacityOther

1. 1Gewerkschaft der Neuen Brief- und Zustelldienste – Wikipediade.wikipedia.org
2. 2gnbz.de - Nachrichten, Artikel, Informationen, Inhalte, Medien, Blog, GNBZgnbz.de
3. 3Gewerkschaft der Neuen Brief- und Zustelldienste – Wikidatawikidata.org