Key legal question
Whether the respondent was subject to the extended collective agreement for plastering and painting
Extracted holding
No. The respondent was a mixed enterprise, its painting activity was not shown to be predominant, and no direct competition with painting firms was proven; the extended agreement therefore did not apply.
Extracted reasoning
For an extended collective agreement, the decisive factor is the enterprise's actual characteristic activity, not its corporate purpose or staff qualifications. The cantonal findings on mixed activity and lack of competition were binding and showed no federal-law violation.