When affiliated with the CFDT, an employee obtained at least 10% of the votes cast in the first round of elections to a works committee held on 19 February 2010. She was appointed as a union representative by the trade union SNBC FE CGC on 9 July 2010.
The Ile-de-France CFDT banks and financial companies trade union applied to the Magistrates’ Court for an order cancelling this appointment.
When its application was dismissed, the CFDT filed an appeal with the French Supreme Court. It argued that trade unions representing employees within a company may not appoint as a union representative an employee whose candidacy in the works elections received votes when on a list of candidates put forward by another trade union.
The French Supreme Court dismissed the appeal brought by the CFDT.
Article L.2143-3 of the Labour Code stipulates, amongst other conditions, that in order to be appointed as a union representative, an employee must have received at least 10 % of the votes cast in the first round of the most recent elections to the works committee or for sole staff delegation or staff representatives.
According to this highest Court, votes are cast on a personal basis. The candidate may therefore rely on such votes to be appointed as the union representative of a union organisation representing employees within the company which is different from the union organisation under whose aegis the candidate took part in the elections (Cass. Soc. 28 September 2011, no. 10-26762).