Notwithstanding article L. 2142-1-1 and where, due to a failure in the first round of professional elections, a trade union delegate could not be appointed within the company or establishment or where there is no trade union delegate in the company or establishment, the representative of the trade union section referred to in articles L. 2142-1-1 and L. 2142-1-4 designated by an employees’ trade union affiliated to a representative trade union at national and inter-professional level may have the power to negotiate and conclude a company or establishment agreement on behalf of his trade union.
If, at the end of the professional elections following the appointment of the trade union section representative, the trade union organisation to which he is affiliated is not recognised as representative and appoints another trade union section representative, the latter may not be appointed until six months before the dates of the professional elections in the company.