Interview with Michael Kalis, chairman of the German group works council at Kühne + Nagel

Question: Which were the first steps towards the formation of the EWC?

Kalis: We took part in several workshops in 1995, which the DGB had organized around the topics work constitution and industrial relations in Europe. At the time then we got in contact with trade unions in other countries for the first time and we wanted to conclude a voluntary agreement, just like many companies did then. But the employer said no, therefore we put forward the official application for the formation of a special negotiation body in 1997.

Question: There was a number of judgements, what had happened?

First of all we met in 1996/97 with workers' representatives from Kühne + Nagel in Milan, Amsterdam and Luxembourg. The employer didn't want to pay the travelling expenses. We then sent a circular to all works councils known to us abroad in nine languages, the employer also didn't want to pay the translation costs. In both cases we were able to sue for our costs in court.

The employer also refused to start the formation of the EWC. There was allegedly nobody who is responsible for it: neither the central management in Switzerland nor any location within the EU. Therefore we took legal actions in Germany on several instances until the Federal Labour Court called in the European court of justice in Luxembourg. There it was decided in 2004 that the branch office Hamburg as the largest country company is responsible within the EU.

Question: How did it go on after that?

Kalis: At the disposition of the majority shareholder Herr Kühne from the group head office the foreign sister companies refused to cooperate with Kühne + Nagel Germany. Therefore they had to be taken to court in order to deliver the information. We have a written agreement with the employer that this shall be carried out in three countries. While the claim was successful in Austria 2007, the procedure shall soon take place in Sweden, we don't know anything about Slovakia yet. When all three procedures are completed, we can invite to the constituting meeting of the EWC, which will work on the basis of the minimum requirements of the German EWC law.

Question: What can other works councils learn from your case?

Kalis: Legally it is better to work thoroughly than to risk a snapshot. In addition, it is important to build up and to care for the cross-border contacts between works councils and trade unions in time. For this purpose the trade unions need more means and more staff. It is also important that all EWC members are legitimized democratically. We are aware of further disturbances by the employer, therefore we need better sanctions from the legislator, on the European as well as on the national level.


Michael Kalis is a member of the works council of the location in Frankfurt am Main since 1977, later he assumed the chairmanship there. He is vice chairman of the German general works council and was from the very beginning involved in the dispute in connection with the EWC formation at Kühne + Nagel. Since the formation of the united service trade union (ver.di) 2001 he is also vice chairman of the division postal services, forwarding agencies and logistics on the Federal level.


Michael Kalis was interviewed by Werner Altmeyer on March 31, 2008.