Facts
The Romande Collective Bargaining Agreement for the Construction Finishing Trades has governed employment conditions in various construction sectors since 1 November 2000. On 1 March 2002, two trade unions and two employers' associations in Valais, all parties to the agreement, founded an association called the Joint Professional Commission for the Valais Construction Finishing Trades. This association is tasked with ensuring compliance with the provisions of the collective bargaining agreement in the canton of Valais. In 2005, the Joint Commission filed an action against company X. SA, established in the district of Monthey, alleging that this company was not complying with certain provisions of the collective bargaining agreement. The Labour Court found that X. SA was subject to the extended provisions of the collective bargaining agreement, but rejected the rest of the claim. X. SA appealed, but the Cantonal Court upheld the judgment of the court of first instance. X. SA then appealed to the Federal Tribunal, primarily contesting the standing of the Joint Commission to bring the action.Considerations
The Federal Tribunal dismissed the appeal. It considered that Art. 357b CO allows the parties to a collective bargaining agreement to provide that joint enforcement, including the exercise of legal actions, will be delegated to associations they have founded for this purpose. Although the legislature did not adopt the Federal Council's 1954 proposal to establish a "collective bargaining community", the contracting parties are authorized to adopt novel instruments, such as the creation of associations, to ensure the enforcement of the collective bargaining agreement, insofar as they respect the fundamental principles of law.
The Federal Tribunal also ruled that the Joint Commission,…