Facts
The Trade Union Druck und Papier (GDP) and the Swiss Graphic Workers' Union (SGG) as employee representatives, as well as the Association of Bookbinderies and Printing Equipment Companies of Switzerland (VBS) as employer representatives, conducted contract negotiations to renew the collective labour agreement for the bookbinding industry. On 11/18 April 1990, the VBS and the SGG concluded the new collective labour agreement, which entered into retroactive effect. However, the GDP could not sign the agreement, as the Court of Appeal of the Canton of Bern had declared the corresponding GDP referendum decision unconstitutional and null and void, as the agreement had stipulated a different minimum wage for unskilled male and female employees.
On 1 July 1992, the GDP filed a lawsuit against the VBS and the SGG. It requested that the collective labour agreement be declared null and void to the extent that the minimum wage for unskilled female employees was lower than that for male non-professionals. Furthermore, it demanded compensation and satisfaction for the violation of personality rights and provisions against unfair competition.
Considerations
The Federal Supreme Court overturned the judgment of the Court of Appeal, which had dismissed the lawsuit for lack of standing. The court held that the GDP was on the one hand violated in its own personality rights, as it was denied the exercise of its statutory duties if it refused to participate in the discriminatory minimum wage provision. On the other hand, the GDP as a professional association was entitled to bring the lawsuit in the interest of its members, especially the unskilled female employees,…