An employers association submits to us a minister's decision extending a collective agreement, which has the effect of creating a new sector overlapping our client's one. The activities included in its area of application are already part of a wide-ranging sector of which the employers association is the representative.

Issues

Our client's primary goal is the defense and protection of the interests of the employers who belong to its organization. The practical issue for the employers lies in the presence of two sets of provisions that are concomitantly applicable. Accordingly, there is a risk of the simultaneous application of both collective agreements.

Solution

After a sectoral and legal analysis by several of our associates, the case is now being handled by the Head of the Labor Department. We intend to go directly to the source of the problem via an action for abuse of authority against the minister's decision to extend a collective agreement which would conflict with other collective agreements. For this purpose we are now initiating a proceeding in the State Council aimed at setting aside the extension decision.

Results

Both the legal situation and the situation on the ground are very complex, and one depends on the other. A pragmatic overall view of the sector and an in-depth knowledge of the legislation on collective agreements enable us to offer our client a solid defense in this difficult litigation.