Decision to Extend a Cantonal Collective Labour Agreement

Facts

- X. is a company active in insulation and lagging, a member of the Swiss Association of Insulation Companies which has concluded a national collective labour agreement (CCNT) extended by the Federal Council. - On 14 December 1998, the Vaud Federation of Employers and the Industry, Construction and Services Union (FTMH) concluded a collective labour agreement for the canton of Vaud (Vaud agreement). - On 20 January 2000, X. filed an objection against the extension of the Vaud agreement, requesting its exclusion or the exclusion of certain articles. - On 29 May 2000, the State Council of the Canton of Vaud rejected the objection and ordered the extension of the Vaud agreement. - On 25 September 2000, X. appealed this decision to the Federal Tribunal.

Considerations

1. The administrative law appeal is not admissible, as the decision to extend a collective agreement is not a decision within the meaning of Art. 5 ARMA, but an administrative act of general scope. 2. The public law appeal is admissible, as it is directed against a cantonal decree of general scope for…