In each company, the distribution of seats between the different establishments and the different colleges is the subject of an agreement between the employer and the trade union organisations concerned, concluded under the conditions of article L. 2314-6.
In the event of disagreement on the distribution of seats, the administrative authority in whose jurisdiction the head office of the company is located decides on this distribution.
Referral to the administrative authority suspends the electoral process until the administrative decision is taken and extends the current terms of office of the elected representatives concerned until the results of the ballot are announced.
Even if the decision is taken before the term of office of certain members has expired, the determination of the number of separate establishments and the allocation of seats between establishments and the various categories are applied without having to wait for the normal renewal date of all or some of the delegations of the establishment social and economic committees.
The decision of the administrative authority may be appealed to the judicial judge, to the exclusion of any other administrative or contentious appeal.