Key Benefits:
The Minister of Defence,
In view of the Election Code, in particular Articles L. 5 to L. 7;
In light of Decree No. 2003-1006 of 21 October 2003 establishing the Provisions applicable to scientific, technical and administrative staff of research at the Ecole Polytechnique, in particular Article 2,
Arrête:
This Commission is composed of an equal number of representatives of the administration and representatives of the
It consists of full members and an equal number of alternate members. An alternate member may sit only when he replaces a full member.
The number of staff representatives is two full members and two alternate members for the categories of research engineers, a titular member and An alternate member for the category of study engineers, three full members and three alternate members for the categories of assistants and technicians, at least one for each of these categories.
Representatives Holders and alternates of administration to the Joint Committee are:
You can consult the table in OJ
No 59, 10/03/2004 page 4693 to 4695
When the Secretary The
of the Human Resources Department attends the panel sessions as an expert.
The members of the Joint Consultative Commission are appointed for a period of three years. Their terms of reference may be renewed.
The replacement of staff representatives, full members or Alternates, of the commission found unable to carry out their mandate as a result:
-end of contract;
-leave without pay for family or professional reasons;
-from serious illness,
and ceasing to Functions for which they have been appointed or who no longer meet the conditions laid down in Article 15. The term of the alternates shall expire at the same time as the other members of the Commission.
The replacement of Representatives of staff who are unable to carry out their duties, for one of the grounds listed in Article 4 above, shall be carried out under the following conditions:
If, before the expiry of its term of office, one of the representatives He is unable to carry out his duties, he shall be replaced by his alternate until the renewal of the committee. The latter shall be replaced as an alternate by the first unelected candidate of the same list.
Where a list is unable to fill a position under the conditions defined above, the vacancy shall be filled by Drawing of lots among the agents fulfilling the conditions set out in Article 8 below to be an elector. If the designated officer refuses his or her appointment, the vacancy shall be assigned to a representative of the administration.
Representatives of staff, holders and substitutes in the committee shall be appointed following elections organised in accordance with the provisions of Articles 7 to 25 below.
Except in the case of early commission renewal, elections shall be held at least four months and not less than three months before the expiry of the members' term of office. Exercise.
Voters are the contract agents governed by the decree of October 21, 2003, in the normal position At least six months of effective service in this capacity.
A single list of electors prepared under the responsibility of the Director General of the Ecole Polytechnique is established.
No one can take part in the vote if it is not on the voters list.
No more Vote.
The Director General fixes the date of the elections and publishes the list of electors, which is displayed in the Places accessible to all school staff, at least 30 days before the date of the poll.
Reference is made to the list of electors for voting by correspondence. This procedure concerns electors who do not perform their duties at the seat of the polling station as well as staff in positions of absence regularly authorised or prevented, for reasons of service, from going to the polling station on the day of the vote. Election. Match voting shall take place in accordance with the conditions set out in Articles 23 and 24 of this Order.
In no case shall proxy voting be allowed.
Within 10 days of the publication of the list of electors, electors may verify registrations and, where applicable, submit applications for registration Complementary. Within the same period and for five days from its expiry, complaints may be lodged against the entries or omissions on the lists of electors.
The Director General of the Polytechnic School shall act without delay on these Claims.
Each list of candidates includes as many names as there are vacancies, incumbents, and
lists shall be filed by the representative trade union organisations.
The date of closing of applications shall be fixed by decision of the Director General of the School Polytechnique. It shall take place at least six weeks before the date of the election.
The filing of each list of candidates shall be made to the Director General of the Ecole Polytechnique. It shall be accompanied by a declaration of application signed by each candidate and shall specify the name of an agent designated as the person responsible for the list.
No list can be filed or modified after the deadline provided for in the previous item. However, if, within a period of three clear days following the deadline for the filing of the lists, one or more candidates on a list are recognised as ineligible, the administration shall without delay inform the person in charge of the list. The latter may then make the necessary corrections within three days after the expiration of the three-day period mentioned above.
Failure to rectify, if one or more candidates on a list are recognized Ineligible, the list shall be deemed not to have submitted any candidates for consultation.
If the reason for ineligibility occurs after the deadline for the filing of the lists, the failing candidate (s) may also be Replaced.
Lists filed under the conditions set out in Article 12 shall be displayed in the premises of The École Polytechnique the day after the close of nominations.
No one can be a candidate if it is not on the List of electors or whether it is struck by one of the disabilities provided by Articles L. 5 to L. 7 of the electoral code referred to above.
A polling station whose president is the chief executive officer of the school or its representative, and the secretary an agent designated by his or her care,
set up at the École Polytechnique premises. The polling station may appoint a delegate to the polling station.
The polling station shall decide on the difficulties that arise during the electoral process. It shall carry out the counting of the votes, draw up the minutes of the electoral operations and declare the results.
Election operations take place publicly in the workplace and during service hours.
At the time of the consultation, each voter is invited to indicate the union organization by which he or she intends to be represented on the Joint Committee. It shall only vote for an entire list, without cancellation or addition of names.
Voting shall take place by secret ballot and Under envelope.
At the counting of the ballots, are not counted in the ballots validly cast the blank ballots, empty envelopes, ballots found in the ballot box without envelopes, runted ballots, modified, Shredded or bearing signs of recognition and multiple bulletins in the same envelope designating different union organizations.
Staff representatives in the Commission are elected in a round vote with proportional representation. Each list is allocated as many seats as the number of votes collected by it contains the electoral quota.
The remaining incumbents' seats may be allocated according to the rules of the The highest average. In the case where two lists have the same average and there is only one vacancy left, the seat is allocated to the list which has received the largest number of votes. In the case of equality, the seat shall be allocated to the oldest of the candidates in attendance.
The list entitled to the largest number of seats shall select the seats of the holder which it wishes to be awarded. The other lists then choose successively in descending order of the number of seats to which they are entitled.
In the case of equal number of seats obtained, the order of choice shall be determined by the respective number of seats. Votes obtained by the lists in attendance. In the event of an equal number of votes, the order of choice shall be determined by the drawing of lots.
It is assigned to Each list a number of alternate representative seats equal to that of the incumbent representative.
If none Or if the number of voters registered by the parties on the list of electors is less than half of the number of registered voters, a second ballot shall be held Union organization, not even representative, may present a list. The date and conditions for the organisation of this second ballot shall be fixed by decision of the Director General of the Ecole Polytechnique.
The Director General of the École polytechnique stops the list of officers to vote by correspondence in accordance with section 10 of this Order.
The following conditions apply to postal voting:
-the ballot papers on behalf of the trade union organisations and the necessary envelopes shall be drawn up at the costs of the Ecole Polytechnique and addressed by the latter, in due time, to the agents concerned;
-the voter inserts his ballot paper Vote in an envelope (envelope 1) which shall not bear any reference to determine its origin. It places this envelope first sealed in a second envelope (envelope No. 2) indicating the nature of the vote and on which its name, first name, assignment and signature will be inscribed. This envelope, which is also hidden, must be addressed in a third envelope (envelope No. 3) to the President of the polling station and must be received by the polling station at the latest on polling day and before its close;
-on polling day, the President of the polling station opens The envelope bearing the name and signature of the voter, causes the voters list to be stamped and placed in the ballot box the envelope containing the ballot.
The census of postal voting shall be carried out at the end of the vote. Are not open:
-envelopes n ° 3 reached after the close of the poll;
-envelopes no. 2 on which the name and signature of the voter do not appear or on which the name is illegible;
-les Envelopes # 2 received under the signature of the same agent;
-envelopes # 1 received in multiple copies under an envelope No. 2.
The names of the voters from which these envelopes originated are not on the list Elections.
Census voting by mail is recorded in the minutes of the election. The envelopes which have been set apart without being opened, pursuant to the provisions of this Article, shall be annexed to the Minutes.
Challenges to the validity of election operations shall be brought before the Minister of Defence within five days of the declaration of the results and, where appropriate, before the court Administrative.
The Joint Consultative Commission is consulted on Proposals for the reduction of seniority in the level of increments as well as proposals for advancement by change of category of officers under the decree of 21 October 2003 referred to above.
The Joint Consultative Commission is also consulted when it is envisaged to impose a disciplinary penalty on one of these officers Other than warning and reprimand.
The Joint Consultative Commission shall be seized upon request of the agent Concerned, individual cases relating to:
-refusals to leave for trade union training, for family reasons, for personal reasons, for business creation and for vocational training;
- Denial of leave to attend an administrative competition or training action;
-refusal to allow part-time service and part-time conditions;
-dismissals.
The Joint Consultative Commission may be seized of any individual matter Concerning staff
The Joint Consultative Commission is The
is provided by a representative of the Administration who may not be a member of the Commission. A staff representative is appointed by the Commission to act as an assistant secretary.
A record is drawn up after each sitting. It shall be signed by the President and countersigned by the Secretary and the Deputy Secretary.
The Committee shall draw up its Rules of Procedure, which shall be subject to the approval of the Minister for Defence.
The panel shall meet at least once a year upon convocation by its chairperson.
It may also meet within the maximum time limit of Two months, at the written request of at least half of the representatives of the staff members holding the committee.
Where a representative of the incumbent or alternate member's staff receives a promotion which results in a change of category, he shall continue to represent the category in respect of which he was appointed until the expiration of the Mandate of the current committee.
Alternates may attend the meetings of the committee without being able to take Part of the debate. They have deliberative votes only in the absence of the incumbents they replace.
The Chairman of the Commission may summon experts at the request of the Administration or the staff representatives, so that they may be heard on a point On the agenda. Experts may attend only the part of the debate, excluding the vote, on the questions for which their presence was requested.
The committee shall only deliberate on the condition that at least three-quarters of the members are present at the opening of the meeting. When that quorum is not reached, a new convocation shall be sent within 15 days to the members of the committee, who shall then be validly sitting if half of its members are present.
The Commission issues its opinions to the majority of the members present. If a vote is taken, it shall be held by a show of hands. However, at the request of one of the members holding the committee, the vote shall be held in secret ballot. Abstentions shall be allowed.
In the event of a vote-sharing, the opinion shall be deemed to have been given or the proposal formulated.
Where the competent authority takes a decision contrary to the opinion or proposal of the committee, it shall inform The Committee on the grounds that it did not follow the opinion or proposal.
The meetings of the committee shall not Are not public.
When the Commission refers to the situation of a staff representative sitting as He leaves the session. If
for a trade union organization, no representative or substitute representative is allowed to sit, a random draw shall be drawn up among the contract employees in the same category of employment. If the designated officer refuses, the vacancy shall be allocated to a representative of the administration designated by the Director General.
When the advisory commission is called upon to decide on disciplinary action or termination of employment, it ensures that the officer concerned has been made aware of his/her file prior to the meeting, that it has been Informed of the possibility to be heard by the committee, to be assisted or represented by the defenders of his choice and to request the hearing of witnesses.
Even if the person concerned has not used the possibilities offered to him or her He has not referred to the summons to appear before the Commission, the latter seat validly.
All facilities must be given to the Joint Advisory Board by the administration to enable it to perform its functions.
In addition, communication must be given to all documents and documents Necessary for the accomplishment of its mission, at least fifteen days before the date of the meeting.
A leave of absence shall be granted to staff representatives, upon presentation of their convocation, to enable them to participate in the Meetings of the Commission.
The members of the Commission shall be subject to the obligation of professional secrecy with regard to all the facts and documents of which they are aware in this capacity.
The elections under Article 6 shall take place within three months of the publication of this Order.
The Director of the Ecole Polytechnique is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done at Paris, February 24, 2004.
For the Minister and by delegation:
By preventing the Director
from the
military service and civilian personnel:
The civil administrator,
C. Girelli
