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JORF n ° 0190 of August 18, 2011 page 14024
text #103




Order of 9 August 2011 extending d ' an agreement entered into in the framework of the national collective agreement of the#039of the industry and wholesaling of meat (N ° 1534)

NOR: ETST1122339A ELI: Not available

The Minister of Labour, Employment, and Health,

Given the Labour Code, including Article L. 2261-15;

Given the Order of December 31, 1971 and the Successive orders, in particular the decree of 13 July 2010, extending the national collective agreement of undertakings in the industry and wholesaling of meat of 20 February 1969, updated by agreement of 9 November 1988 and of the Texts that have changed or completed;

In accordance with the agreement of May 13, 2009 on the operation and financing of paritarianism, entered into under the aforementioned collective agreement;

Given the extension request submitted by the Signatory organizations;

In view of the notice published in the Official Journal of August 23 2009;

In view of the notices gathered during the survey;

Given the reasoned opinion of the National Commission for Collective Bargaining (Sub-Committee on Conventions and Agreements), delivered at the July 6, 2011 session,

Stops:

Item 1 Moreover, paragraphs (a) and (b) of Article 9 (2) are extended subject to compliance with the principle of equality as interpreted by the case-law of the Court of Cassation with regard to the allocation of funds of paritarism (Cass. Soc. 10 October 2007, 05-45347), the result of which, on the one hand, no trade union organisation of employees or representative employers in the scope of the agreement cannot be excluded from the financing of paritarism and that, on the other hand, The difference in treatment established must be justified by objectively verifiable objective criteria relating to the influence of each trade union in the scope of the agreement.

Item 2

Extending the Effects And sanctions of the above agreement shall take effect from the date of publication of this Order for the remaining duration and the conditions laid down by the said Agreement.

Article 3

The Director General of Work is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.

Dated on 9 August 2011.

For the Minister and by delegation:

The service manager,

V. Delahaye-Guillocheau

Note. -The text of the above-mentioned agreement has been published in the Official Bulletin of the Ministry, collective agreements No 2009/31, available at www.journal-officiel.gouv.fr/bocc.

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