10 gute Gründe für die Anfechtung der Betriebsratswahl

Soll ich die Betriebsratswahl anfechten?

Rechtsanwalt für die Anfechtung der Betriebsratswahl

Bechert Rechtsanwälte – Anfechtung der Betriebsratswahl

Gleich nach der Wahl stellt sich die Frage, ob man die Gelegenheit zur Anfechtung der Betriebsratswahl nutzt. Vielfach wird die Anfechtung der Betriebsratswahl wegen der Sorge, als schlechter Verlierer dazustehen, unterlassen. Dabei gibt es mindestens zehn gute Gründe zur Anfechtung der Betriebsratswahl.

  1. Die Anfechtbarkeit der Betriebsratswahl zeigt, dass die Bedeutung der Betriebsratswahl vom Wahlvorstand nicht erkannt worden ist. Die Wahl muss ernst genommen werden. Ein Mittel, die Einstellung zur Wahl des Betriebsrats zu ändern, ist die Anfechtung der Wahl. Denn ist die Betriebsratswahl erst einmal rechtskräftig angefochten worden, dürfte sie bei der nächsten Wahl mit der angemessenen Ernsthaftigkeit durchgeführt werden.
  2. Bei der Anfechtung der Betriebsratswahl geht es immer auch um die Behebung von Mängeln der demokratischer Legitimation vom Betriebsrat. Eine ordnugnsgemäße Wahl ist schließlich die Grundlage für die Legitimation des Betriebsrats. Erst aufgrund der Wahl hat der Betriebsrat das Recht, für die Belegschaft zu sprechen, ja verbindliche Verträge für diese mit dem Arbeitgeber zu schließen.
  3. Die Belegschaft hat ein Recht zu erfahren, welchen Umgang mit den demokratischen Grundregeln der Betriebsrat übt. In einigen Fällen ist die Belegschaft zu unrecht der Meinung, dass der Betriebsrat die gesetzlichen Vorgaben einhält. Über die erfolgreiche Wahlanfechtung wird die Belegschaft darüber informiert, dass vom Betriebsrat bzw. von dem durch den Betriebsrat bestellten Wahlvorstand selbst die elementaren Grundregeln der Wahl nicht eingehalten worden sind. Die Belegschaft hat ein Recht darauf zu erfahren, wenn im Zusammenhang mit der Betriebsratswahl derart grob gegen Grundregeln verstoßen wird.
  4. Die im Betrieb vertretene Gewerkschaft oder aber mindestens drei Arbeitnehmer haben das Recht zur Anfechtung der Betriebsratswahl. Es ist nichts Verwerfliches daran von seinen gesetzlich verbrieften Rechten auch tatsächlich Gebrauch zu machen. Welchen Sinn sollen sonst die eingeräumten Rechte haben? Hinzu kommt, dass das Recht zur Anfechtung nicht dem Einzelnen dienen soll, sondern der Sicherung der demokratischen Grundregeln. Selbst wenn regelmäßig den Anfechtenden auch das Ergebnis der Betriebsratswahl nicht passt, so dient ihre Anfechtung also doch einem höheren Ziel. Der anfechtbar gewählte Betriebsrat hat keine Argumente dafür, länger als unbedingt nötig weiter im Amt zu bleiben.
  5. Gerade in größeren Betrieben ist oftmals unklar, welche welche Teile des Unternehmens einen Betrieb bilden. Die entsprechende Problematik ergibt sich auch, wenn ein Tarifvertrag oder eine Betriebsvereinbarung die Struktur der Interessenvertretung nach § 3 BetrVG verändert. In vielen Fällen ist höchst zweifelhaft, ob solche Vereinbarungen rechtskonform sind. Im Rahmen der Wahlanfechtung kann der Betriebsbegriff geklärt werden, damit bei der nächsten Wahl nicht in einem unrichtig bestimmten Betrieb gewählt wird.
  6. Häufig ist auch unklar, wer leitender Angestellter ist. Solche Fragen lassen sich ebenfalls in das Anfechtungsverfahren vor dem Arbeitsgericht einführen. Im Anfechtungsverfahren kann sodann geklärt werden, welche Arbeitnehmer leitende Angestellte sind, und welche eben nicht.
  7. Vielfach wird von den Wahlvorständen die Bedeutung ihrer Aufgabe nicht erkannt. Häufig werden keine, schlechte oder zu kurze Schulungen besucht. Folge der mangelnden Ernsthaftigkeit bei der Durchführung der Betriebsratswahl sind dann eklatante Fehler bei der Betriebsratswahl. Die Erfolgsaussichten bei Anfechtung der Betriebsratswahl sind daher meist sehr gut.
  8. Wird von einer im Betrieb vertretenen Gewerkschaft oder von Mitgliedern einer Vorschlagsliste nach einem enttäuschenden Wahlergebnis angefochten, so lässt sich mit der Anfechtung ggf. die Zeit in der Opposition verkürzen.
  9. Mit der Anfechtung kann die Zustimmung zur eigenen Vorschlagsliste organisiert werden. Das gilt jedenfalls dann, wenn in das Anfechtungsverfahren Themen eingebracht werden, die von Interesse für einen größeren Teil der Belegschaft sind. Ein solches Thema könnte etwa sein, dass die Betriebe fehlerhaft zu groß gebildet sind. Dies führt regelmäßig zu einer schlechten „Erreichbarkeit“ des Betriebsrats durch die Belegschaft. Für die Belegschaft könnte auch von Interesse sein, dass der Arbeitgeber sich in den Betriebsratswahl eingemischt hat, indem er eine Liste massiv unterstützt hat oder, ob etwa Chefärzte tatsächlich noch zu den leitenden Angestellten gezählt werden können.
  10. Die Kosten für das Anfechtungsverfahren trägt – als Teil der Wahlkosten nach § 20 Abs. 3 Satz 1 BetrVG – regelmäßig der Arbeitgeber.

 

 

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