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10 BzG-<strong>Supplement</strong> No. 1/2000<br />
Richard Croucher<br />
However, the fact was that unions had been ‘on trial’ as democratic organisations for<br />
the previous two years. Now that they were being allowed more freedom of operation,<br />
the employers, with a much worse democratic record, were being offered the same<br />
freedom. ‘Everyone who knows German employers of the past will doubt their desire<br />
to accept the democratic way of life; they will never deny their obligations but they<br />
will skillfully try to evade them.’ The weakness of employment meant that real power<br />
did not lie in the hands of unions and regulations were correspondingly more important.<br />
‘You surely would not welcome a multitude of trade unions, why should a ‘divide<br />
et impera’ machinery on the employers’ side be encouraged?’ (emphases original-<br />
RC) On the Works Council question, he did not think the disagreement ‘of too great<br />
importance and I admit that some of your arguments are convincing’. He did not doubt<br />
that complaints had been received from the North Rhine employers as they would<br />
take every opportunity to un<strong>der</strong>mine trade unionism, while even complaints ostensibly<br />
coming from workers ‘might well have been fabricated by the advocates of heavy<br />
industry’. With respect to Lee, Gottfurcht agreed that no further action should be taken<br />
against him. On the other hand, ‘I happened to be in Bielefeld when the incident<br />
occurred and I know the effect it had. It took quite a while to get a statement from<br />
Military Government clarifying the situation. You know how the employers jumped<br />
at their opportunity. Very speedy action, i.e. the sending out of a counter statement<br />
24 hours after the first one was known, could have undone the harm caused. This,<br />
and only this, I meant when I spoke of ‘reluctance’” Regarding the Model Works<br />
Agreement, Gottfurcht wrote simply ‘I fully endorse what you say’. In other words,<br />
he agreed that union policy was poorly conceived and that it invited political criticism.<br />
His letter concluded ‘Please let me assure you once again that I am most thankful to<br />
you personally and to so many of the members of your division for all the kindness<br />
shown to me. You will, I am certain, believe me that any critical comments were desired<br />
to help forward a great cause to which you and I are equally devoted’. 15<br />
What remained, then, of Gottfurcht’s initial criticisms after the exchange? The<br />
principal point was that relating to employers’ associations. On this issue, Gottfurcht<br />
mounted a defence of his initial position by reference to the comparatively poor<br />
democratic record of German employers. However, he did not explicitly insist that<br />
the legal regulation which he proposed remained valid. He maintained a small part<br />
of his criticism of the Military Government in practice when he referred to the slowness<br />
of their response to Lee’s damaging circular in the context of the employers’ speedy<br />
sei<strong>zur</strong>e of the opportunity presented. He also cast some doubt on the bona fides and<br />
authenticity of the complaints from North Rhine employers. Nevertheless, he did not<br />
choose to argue his case for requiring non unionists to obtain a 10% nomination.Despite<br />
Gottfurcht’s statement minimising the topic, it was arguably the most important issue<br />
of detail in the discussion because it related both to trade union efforts to control the<br />
Works Councils and to their wi<strong>der</strong> political position. With the benefit of hindsight,