In its judgment of January 25, 2005 (- 1 AZR 657/03 -), the First Senate decided that a police union may not display lists of signatures in police buildings with which the public was asked to support the demand for an increase in the number of positions for police officers becomes. Sendikaların bu tür faaliyetleri 9. maddenin 1. paragrafı hükümleri kapsamına girmektedir. 3 GG protected freedom of activity of the coalitions. This includes the right to represent and pursue organized group interests vis-à-vis the state and political parties in the entire area of working and economic conditions. However, coalitions’ freedom of activity is subject to restrictions if it conflicts with other constitutionally protected legal interests. This includes the Article 20 paragraph. 3 GG guaranteed the principle of legality of administration. This finds its simple legal expression in the duties of civil servants standardized in the Civil Service Framework Act as well as in the Federal Civil Service Act and the civil service laws of the states (see Section 35 Paragraph 1 BRRG, Section 52 Paragraph 1 Sentence 2, Section 54 Sentence 2 and 3 BBG). This principle requires not only to exclude the possibility of improper influence on administrative action, but also to avoid the appearance of it. In principle, state facilities may only be used within the scope of their intended use. These principles are affected when a union in police stations puts out lists on which visitors are supposed to support the demand addressed to the state legislature to expand police jobs with their signature. This can give the audience the impression that the signature is doing the employees a favor and can thus influence the handling of their own concerns. There is also a risk that the trade union action will appear to be endorsed by the state because of where it is carried out. The union is also not dependent on carrying out the signature campaign in the police stations.
The First Senate had to decide whether a union could demand that a competing union refrain from recruiting members. In its judgment of May 31, 2005 (- 1 AZR 141/04 -) the First Senate decided that the competition rules of the UWG do not apply to the recruitment of members by a union. However, union recruitment is restricted by the provisions set out in Article 9 Paragraph. 3 Sentence 1 GG guaranteed freedom of activity for coalitions. A trade union can protect itself against unlawful interference with this freedom of activity by applying Section 1004 Paragraph accordingly. 1 sentence 2 BGB with the help of injunctions. This also applies to the relationship between competing unions. The advertising of competing unions is regularly aimed at winning over employees who are already in another union to their own coalition. In doing so, it endangers the membership of the other organization. In doing so, it endangers the membership of the other organization. Rather, the conflicting fundamental rights positions of the affected unions need to be weighed up. According to this, a union must accept the recruitment of members by a competing union as long as this is not done using unfair means or is aimed at destroying the coalition’s existence. The limits are not exceeded by a union offering new members the first year of membership with a temporary campaign at a monthly membership fee of one euro.