Questione giuridica chiave
Whether the Geneva collective-labor court had jurisdiction despite the CCT arbitration clause
Decisione estratta
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.
Motivazione estratta
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.