The CGT, the CFDT and FO asked the courts on Thursday to cancel the professional elections within the group of private nursing homes Orpea, which they believe to have been manipulated by management for the benefit of a “
house
” union.
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The local court of Puteaux (Hauts-de-Seine), city where the Orpea group has its headquarters, has reserved its decision on September 12.
“
There was clearly an interference by the management in the electoral process, in favor of the Arc-en-Ciel union
”, argued the lawyer for the CGT, Me Etienne Margot-Duclot, who spoke of “
fraudulent maneuvers
” .
The three unions rely mainly on the revelations of Victor Castanet in his book "
Les Fossoyeurs
", published in January, which placed Orpea in turmoil and caused the opening of a judicial inquiry into suspicions of institutional mistreatment and financial offences.
“Allow employees to express themselves freely and sincerely”
They also added to the file the written testimonies of two former directors of Ehpad, who claim to have been instructed to favor Arc-en-Ciel candidates.
In his book, Victor Castanet devotes a chapter to Arc-en-Ciel.
A former lawyer of the group describes how its candidates benefited from “
financial and tactical support
” from management, or how the professions of faith of the “
undesirable
” unions were eliminated from the envelopes sent to voters.
In 2019, Arc-en-Ciel had obtained nearly 60% of the vote, far ahead of the CGT, Unsa and CFDT, and had won 24 seats of staff representatives out of 35 within the CSE.
"
We are not here to redo the match, but to ask that the electoral code be respected, and to allow a free and sincere expression of the employees
, ”pleaded Me Daniel Saadat, the lawyer for the CFDT.
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In March, an administrative inspection carried out at the request of the government in reaction to the scandal caused by Victor Castanet's book, had judged the organization "
hardly assertive
", but considered the accusations aimed at the sincerity of the ballot to be unverifiable.
The inspectors have “
found nothing
”, and “
there is no written circular which testifies to favoritism
”, underlined the lawyer for the management, Me Gilles Bonlarron.
According to Me Philippe Trehorel, lawyer for Arc-en-Ciel, the union “
organizes demonstrations, distributes leaflets
”, and was even “
at the origin of a strike movement
”.
Victor Castanet's accusations "
hurt us all, because they are false
“, told AFP on the sidelines of the hearing Isabelle Signori, elected Arc-en-Ciel and secretary of the CSE of Orpea.
“
We dialogue
”, but “
our priority is to defend our colleagues
”, she assured.
