Cour de Cassation, Chambre sociale, du 27 juin 1990, 89-61.301, Publié au bulletin
Presiding Judge | Président :M. Caillet, conseiller le plus ancien faisant fonction |
Case Outcome | Rejet. |
Counsel | Avocat :M. Choucroy. Soc.,19 juillet 1988,Bull. 1988,V,n° 476,p. 305 (cassation),et les arrêts cités. |
Date | 27 juin 1990 |
Docket Number | 89-61301 |
Court | Chambre Sociale (Cour de Cassation de France) |
Publication au Gazette officiel | Bulletin 1990 V N° 325 p. 193 |
Sur le moyen unique :
Attendu qu'il est fait grief au jugement attaqué (tribunal d'instance du 8e arrondissement de Paris, 9 juin 1989) d'avoir déclaré valable la désignation, le 27 février 1989, par le syndicat CGC Odertes, de Mlle X... comme déléguée syndicale de l'unité économique et sociale constituée par les sociétés Cogepa, Cofras, Navfco et Airco alors, selon le pourvoi, d'une part, que l'existence d'une section syndicale est subordonnée à la constatation de la manifestation de la volonté des adhérents d'exercer une activité syndicale commune ; que le Tribunal, qui se borne à constater le nombre d'adhésions au syndicat, sans vérifier si existait cette volonté, a violé l'article L. 412-11 du Code du travail ; alors, d'autre part, que viole les...
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