Exclusion clauses in collective agreements prohibit the employer from granting certain collectively agreed privileges to non-union members .
The exclusion clause is a form of differential treatment clause and is therefore, like the latter, held by the Federal Labour Court to be unlawful. The question of whether a provision in a collective agreement is to be deemed an exclusion clause is determined by interpretation .
Please note: the European industrial relations glossaries were compiled between 1991 and 2003 and are not updated. For current material see the European industrial relations dictionary.