Key legal question
Whether the Geneva collective-labor court had jurisdiction despite the CCT arbitration clause
Extracted holding
The action was based formally and materially on statutory consultation rights under Art. 335f CO and the participation act, not on the CCT; the arbitral clause did not bar state-court jurisdiction.
Extracted reasoning
The CCT did not regulate collective-dismissal consultation as specifically as Art. 335f CO, and the union complained of violations of the statutory consultation regime, including timing and adequacy of information.