Question juridique clé
Whether the union had standing to represent the employee in the labour dispute under Art. 64a CPC/TI
Solution extraite
The cantonal court's interpretation, limiting such representation to associations of employees or employers that may conclude collective agreements under Art. 356 CO, was sustainable and not arbitrary.
Motifs extraits
The Federal Court held that arbitrariness is not shown by a merely arguable alternative interpretation. Given the cantonal monopoly of lawyers and the social purpose of the exception, the restriction to collective-bargaining-capable associations was a reasonable reading of the open-textured cantonal rule.