BAG: Majority union’s pay deal wins

Germany’s Federal Labor Court ruled that only the pay deal of the union with the most members at a workplace applies—even if multiple unions negotiated contracts. The decision affects train drivers and other employees at Deutsche Bahn subsidiaries.

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Majority union’s pay deal applies

On April 22, 2026 (case no. 4 ABR 2/25), the Federal Labor Court (BAG) ruled that only the collective agreement of the union with the most members at a workplace applies—even if multiple unions have negotiated contracts. This means train drivers and other employees at Deutsche Bahn subsidiaries must follow the pay and benefits set by the majority union, not necessarily the one they personally joined.

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Why the court had to decide

Germany’s „one workplace, one pay deal” rule (Tarifeinheit) was unclear when two unions—like train drivers’ GDL and EVG—negotiated competing contracts. The law says the union with the most members at the time a new contract is signed gets to set the terms, but disputes often arise over which union actually had more members. The court had to clarify how to count members and when the rule applies.

What happened in this case

Deutsche Bahn’s regional subsidiary (DB Regio) initially applied both GDL’s and EVG’s contracts side by side. In 2021, the company switched to only EVG’s contracts, claiming EVG had more members. GDL sued, arguing it had more members and its contracts should apply retroactively. The court rejected GDL’s claim, saying past disputes don’t matter unless they still affect current pay or benefits.