Trade Unions: The employer as a participant of the proceedings re: verification of number of TU members – what if the court bars the employer from participating?

The employer has the status of an interested party in the case concerning the determination of the number of trade union members, and thus can participate in the proceedings.
It is undisputable that the court should notify the employer about this. Unfortunately, some courts still oppose employers’ participation. The good news is that we have effectively challenged such court decisions in the past.

We firmly believe that the employer not only has the right to join the proceedings but should also use it. Challenging the number of trade union members and letting the case run its course could prove counterproductive – the trade union will “own” the case and the court will only confirm the information provided by the union. It would be better not to initiate the whole procedure at all than to do it that way.