Facts
[A.] , born in 1961, was employed as a foreman at [B. AG] from December 1, 2003. From February 24, 2010 until the dissolution of the branch office [U.] on November 19, 2021, he was registered in the commercial register there with individual signing authority. In September 2020, he submitted an application to the Foundation for Flexible Retirement in the Construction Industry (FAR) for a bridging pension from June 1, 2021, which was rejected by the FAR. [A.] then filed a lawsuit with the Social Insurance Court of the Canton of Zurich, which obliged the FAR to pay him the bridging pension. The FAR is now appealing to the Federal Supreme Court.Considerations
The Federal Supreme Court notes that according to Art. 2 para. 5 of the Collective Bargaining Agreement (CBA) FAR declared generally binding, persons belong to the executive staff who are registered in the commercial register in a corresponding function or can exert a significant influence on the course of the company. Since [A.] was registered in the commercial register as a sole authorized…