Keywords defence, army, ÉCOLE POLYTECHNIQUE, staff teacher, recruitment, AGENT no licensee, staff contract, staff scientist, technical staff, administrative staff, joint CONSULTATIVE COMMISSION, CREATION, organization, operation, COMPOSITION, representative of the ADMINISTRATION, staff representative, licensee, alternate JORF n ° 59 of March 10, 2004 page 4693 text no. 25 Decree of 24 February 2004 relating to the joint consultative committee responsible for scientific contractual personnel technical and administrative research of École polytechnique NOR: DEFP0400198A ELI: https://www.legifrance.gouv.fr/eli/arrete/2004/2/24/DEFP0400198A/jo/texte Defence Minister, having regard to the electoral code, particularly articles l 5 l 7;
Mindful of Decree No. 2003 - 1006 21 October 2003 laying down the provisions applicable to contractual personnel scientific, technical and administrative research of École polytechnique, particular article 2 thereof, shall adopt: Article 1 more on this article...
Composition, the terms of appointment of the representatives of the staff and administration, the functions and mode of operation of the joint consultative committee responsible for contractual personnel scientific, technical and administrative research of Polytechnic established by article 2 of the Decree of 21 October 2003 referred to above are laid down by the provisions of this order.
TITLE I: COMPOSITION Article 2 this commission is composed of an equal number of representatives of the administration and staff representatives.
It includes full members and an equal number of alternate members. An alternate member may sit only when it replaces a member.
The number of staff representatives is two members and two alternate members for the categories of research engineers, a member and an alternate member to the category of engineers studies, three members and three alternate members for the categories of assistants and technicians, including at least one for each of these two categories.
Representatives and alternates of the administration to the Joint Committee are: you can consult the table in OJ No. 59 of 10/03/2004 page 4693 at 4695 when the Secretary-General prevented the Director-general, he was himself replaced by his alternate.
The head of the human resources service attended the meetings of the Committee as an expert.
Article 3 of the joint consultative commission members are appointed for a period of three years. Their mandate can be renewed.
Article 4 was the replacement of the representatives of the staff, incumbent or alternate members, commission found unable to exercise their mandate as a result:-end of contract;
-from leave without pay reason family or profession;
-serious sick leave, and ceasing the functions for which they have been appointed or who do more satisfy the conditions laid down by article 15. The mandate of alternates shall expire at the same time as that of the other members of the commission.
Article 5 replacement of the representatives of the staff unable to perform their duties, for any of the grounds listed in article 4 above, occurs under the following conditions: If, before the expiry of its mandate, one of the representatives of the staff is unable to perform his duties, he was replaced by his Deputy until the renewal of the commission. Latter was himself replaced as Deputy by the first candidate not elected to the list.
When a list is unable to fill a post in the conditions defined above, vacancy is provided by drawing lots among the agents fulfilling the conditions laid down in article 8 below to be an elector. If the appointee denies his appointment, the vacant seat is assigned to a representative of the administration.
Article 6 the staff representatives, and alternate members in the Committee are designated as a result of elections held in accordance with the provisions of articles 7 to 25 below.
Article 7 except in the case of renewal expected of the commission, the elections were held more than four months and three months prior to the expiration of the mandate of the current members.
Article 8 are voters contract staff governed by the Decree of October 21, 2003 referred to above, in normal position of activity or with parental leave, on the scheduled date for the poll, at least six months of actual services in this capacity.
Article 9 it is established a single electoral list, prepared under the responsibility of the Director-general of the École polytechnique.
No person shall take part in the vote if it appears on the list of electors.
No one may have more of a ballot.
Article 10 Executive Director fixed the date of the elections and publishes the list of electors, which is displayed in the places accessible to all staff of the school, at least thirty days before the date of the election.
Mention is made on the electoral list of officers called to vote by correspondence. This procedure is for electors who do not exercise their duties at the headquarters of the polling as well as the personal position of absence regularly allowed or prevented, for service reasons, to go to the polling station on polling day. Postal voting takes place in the conditions laid down in articles 23 and 24 of this order.
Under no circumstances, proxy voting is allowed.
Article 11 within ten days following the publication of the list of electors, voters can check the entries and, if necessary, to submit additional requests for registration. Within the same period and five days from its expiry, claims may be made against the entries or omissions on the lists of electors.
The Director general of the Ecole polytechnique decide without delay on these claims.
Article 12 each list of candidates includes as many names as there are positions to be filled, and alternates as defined in article 2 above.
Lists must be submitted by representative trade unions.
The closing date for applications is fixed by decision of the Director general of the Ecole polytechnique. It operates six weeks at least before the date of the election.
Each list of candidates filing is made with the Director general of the Ecole polytechnique. He is accompanied by a statement of candidacy signed by each candidate and specifies the name of an officer designated as responsible for the list.
Article 13 any list cannot be filed or amended after the date limit laid down in the preceding article. However, if, within a period of three days following the deadline for submission of lists, one or more candidates on a list are recognized ineligible, the administration shall promptly inform the head of the list. This can then perform the necessary corrections within three days following the expiry of the above-mentioned period of three days.
Failing rectification, if one or more candidates on a list are recognized ineligible, the list is considered as not having presented no candidate to the consultation.
If it motivating disqualification occurs after the date deadline for submission of lists, the failing candidates can also be replaced.
Article 14 lists filed under the conditions laid down in article 12 subject to a display in the premises of the École polytechnique after the close of nominations.
Article 15 zero may be a candidate if it appears on the list of electors or hit one of the disabilities imposed by articles 5 to 7 of the electoral code above.
Article 16 shall be established on the premises of the École polytechnique a voting station whose president is Executive Director of the school or his representative, and the Secretary an officer designated by his care.
Each trade union organization at the consultation may designate a delegate within the polling station.
Poll to decide on the difficulties that rise during the electoral operations. It conducts the counting of the ballots, writes the minutes of the electoral operations and proceeded to the proclamation of the results.
Article 17 electoral operations conducted publicly in local work and during hours of service.
Article 18 at the consultation, each voter is invited to indicate the trade union organization by which it intends to be represented in the joint commission. It cannot vote in favour of an entire list, without cancellation or addition of names.
Article 19 the vote takes place by secret ballot and envelope.
When the counting of the ballots, are not counted in the votes validly cast blank ballots, the empty envelopes, ballot papers found in the ballot box without envelope, the crossed out, altered, torn or signs of recognition and multiple ballots contained in the same envelope and designating different unions.
Article 20 the staff within the commission representatives are elected by ballot of list proportional representation round. Each list is assigned as many representative seats holder that the number of votes cast for it contains both the electoral quotient.
The holder remaining seats eventually to be filled are given the highest-average rule. If the two lists have the same mean and there is only one position to be filled, the seat is attributed to the list that received the largest number of votes. Tie, the seat is assigned to the older candidates in the presence.
The list eligible for the largest number of seats chooses holder seats it wishes to be granted. The other lists then exercise their choice successively in decreasing order of the number of seats to which they are entitled.
Tie in the number of seats obtained, the order of the choice is determined by the respective number of votes obtained by the lists in the presence. In case of equal number of votes, the choice agenda is determined by drawing lots.
Article 21 it is attributed to each list a number of representative seats equal to that of representative deputy licensee.
Article 22 if no trade union organization did apply or if the number of voters recorded by the signatures on the list of electors is less than half the number of registered voters, was taken to a second ballot where any organisation Trade Union, even not representative, may submit a list. The date and conditions of organization of this second election are laid down by decision of the Director general of the Ecole polytechnique.
Article 23 the Director general of the Ecole polytechnique stops the list of agents called to vote by correspondence in accordance with article 10 of this order.
Postal voting takes place under the following conditions:-the ballots on behalf of unions and the necessary envelopes are established at the expense of the École polytechnique and addressed by the latter, in good time to interested officers;
-the voter inserts her ballot in an envelope (envelope No. 1), which must include any reference to its source. It places this previously sealed envelope in a second envelope (envelope No. 2) with reference to the nature of the vote and on which will be inscribed its name, first names, naming, and signing. This also sealed must be addressed in the third housing (enclosure No. 3) to the president of the polling station and be received no later than the day of polling and before its closing;
-the day of the election, president of polling opens the envelope bearing the name and the signature of the voter, did sign the electoral list and deposit the envelope containing the ballot paper in the ballot box.
Article 24 the Census of the votes by correspondence takes place at the election's outcome. Are set apart without being open:-No. 3 envelopes received after the closing of the poll.
-No. 2 on which envelopes are not the name and the signature of the voter or on which the name is illegible;
-No. 2 multiple envelopes received under the signature of an agent;
-No. 1 envelopes received several copies in an envelope No. 2.
The name of the voters which emanate these envelopes is not endorsed on the electoral list.
Addition of votes by correspondence transactions are recorded in the minutes of the electoral operations. Are appended to the minutes the envelopes that have been put aside without be opened, in accordance with the provisions of this article.
Section 25 disputes on the validity of the electoral operations are brought before the Minister of defence, within a period of five days from the proclamation of the results, and then, if necessary, before the administrative court.
Title II: Responsibilities Article 26 the joint consultative committee is consulted on proposals for reduction of seniority as the increments as well as proposals for progress by change of category of agents under the Decree of 21 October 2003 referred to above.
Article 27 the joint consultative committee shall also be consulted where it is intended to make one disciplinary sanction other than warning against one of these agents and blame.
Article 28 the joint consultative commission is entered, at the request of the interested agent, of individual disputes:-at denials to requests for leave for Trade Union training, for family reasons, for personal reasons, to entrepreneurship and vocational training;
-to the refusal of leave of absence to follow a preparation action; administrative assistance or training
-to the refusal of permission to perform service to part-time and the conditions for the exercise of the part-time;
Article 29 the joint consultative commission may be seized of individual enquiries concerning personnel.
Title III: Functioning Article 30 Advisory Board Joint is chaired by the Director general of the Ecole polytechnique.
The secretariat is provided by a representative of the authority which may not be a member of the commission. A representative of the staff is appointed by the commission to serve as Deputy Secretary.
A report is prepared after each meeting. It is signed by the president and countersigned by the Secretary and Deputy Secretary.
The commission shall draw up its rules of procedure which is subject to the approval of the Minister of defence.
Article 31 the commission necessarily meets at least once a year at the call of its Chairman.
It can meet also in the maximum period of two months, at the written request of at least half the representatives of members of the commission staff.
Article 32 where a representative of staff or Deputy member is granted a promotion that results to change category, it continues to represent the category for which he has been appointed until the expiry of the mandate of the commission in exercise.
Article 33 the alternates may attend the meetings of the Committee without being able to take part in the proceedings. They have voting rights in the absence of persons they replace.
The Chairman of the Committee may convene experts at the request of the administration or of the staff representatives, so that they are heard on an item on the agenda. Experts can only attend the part of the debates, excluding the vote, on issues for which their presence has been requested.
Article 34 the commission deliberates validly on the condition that three quarters at least of the members are present at the opening of the meeting. If this quorum is not reached, a call is sent within a period of fifteen days to the members of the commission, which sits so validly if half of its members is present.
Article 35 the commission to deliver its opinions by a majority of the members present. If a vote is taken, it is held in hands. However, at the request of one of the members of the commission, voting takes place by secret ballot. Abstentions are allowed.
In the event of equality of votes, the notice is deemed to have been given or made proposal.
When the competent authority takes a decision to the contrary to notice or to the commission's proposal, it shall inform the commission of the reasons which led it to not to follow the opinion or proposal.
Section 36 of the Committee meetings are not public.
Article 37 when the commission refers to the situation by a representative of the personnel serving as holder, it leaves the meeting. He then appealed to his Deputy.
If, for an employee organization, any licensed representative or substitute may sit, was taken to a draw among the contract falling within the same category of employment. If the designated officer refuses, the vacant seat is assigned to a representative of the administration appointed by the Director general.
Article 38 when the Advisory Board is called upon to decide on disciplinary or dismissal, it ensures that the interested agent has been able to take knowledge of his case before the meeting, that it was informed of the possibility to be heard by the commission to be assisted or represented by defenders of his choice and ask witnesses.
Even if the person concerned has not worn the opportunities afforded to him or if he has not referred to the notice that was sent to appear before the commission, the latter seat properly.
Article 39 all facilities must be provided to the joint consultative committee by the administration to fulfil its responsibilities.
In addition, communication must be given to him from all parts and documents necessary for the fulfilment of its mission, fifteen days at least before the date of the meeting.
A leave of absence is granted to representatives of the staff, on presentation of their convening, to enable them to participate in the meetings of the commission.
The members of the commission are subject to the obligation of professional secrecy as regards all the facts and documents which have been noticed in this capacity.
Article 40 the elections provided for in article 6 must take place within three months from the publication of this order.
Article 41 the Director of the Polytechnic School is responsible for the execution of this order, which will be published in the Official Journal of the French Republic.
Done at Paris, on 24 February 2004.
For the Minister and by delegation: by incapacity of the Director of the military service and civilian personnel: the civil administrator, C. Girelli