Facts
Company X., in financial difficulty, considered closing its [Y.] site and collectively dismissing the 132 employees of that site. On September 20, 2002, X. filed a request for provisional composition moratorium, making the decision to close the [Y.] site irreversible. On September 23, 2002, X. orally informed the staff commission of the closure plan, then convened the staff commissions of the various sites to a meeting on September 24, 2002, without however discussing the consultation procedure or a social plan. By letter dated September 24, 2002, X. informed the staff commissions that it was considering closing the [Y.] site and dismissing 124 employees by the end of September/October. A deadline of Friday, September 27, 2002 was set for the commissions to submit their proposals. After an extension to Monday, September 30, 2002 at 8 a.m., X. dismissed 76 workers on September 30, 2002 and 27 others in October. Trade unions A. and B. challenged in court X.'s failure to comply with the consultation procedure for employee representatives in the event of collective dismissal. Their appeals were upheld by the cantonal courts. X. appealed the decision to the Federal Tribunal.Considerations
1. The Federal Tribunal first examines the admissibility of the appeal, concluding that it is in principle admissible. 2. Regarding X.'s criticisms of the establishment of the facts by the cantonal courts, the Federal Tribunal considers that they do not allow for a departure from the factual findings of the contested decision, as the exceptions provided for by law are not met. 3. The Federal Tribunal rejects X.'s argument that the provisions on collective dismissals did not apply due to the provisional composition moratorium granted. It considers that in this context, the creditors do not yet have effective…