Key Benefits:
The Minister of Employment and Solidarity, the Minister of National Education and the Minister of Public Service and Reform The State,
Due to the amended Act No. 83-634 of 13 July 1983 on the rights and obligations of civil servants;
In the light of the amended Act No. 84-16 of 11 January 1984 laying down statutory provisions relating to the public service of the State;
Decree No. 82-452 of 28 May 1982 relating to the Joint Technical Committees, and in particular Articles 11 and 11 bis;
In the light of the decree of 22 April 1985 establishing the Joint Technical Committee of the Centre for Research and Studies on the Qualifications, as amended by the Order of 26 August 1985,
Stop:
When it is organised, pursuant to the second paragraph of Article 11 of the aforementioned decree of 28 May 1982, a Consultation with the staff of the Centre d' études et de recherches sur les Qualifications (CEREQ) in order to determine the representativeness of the trade union organisations designated to appoint staff representatives on the Joint Technical Committee The establishment, the date of such consultation shall be determined by the Director of the CEREQ.
Are electors who Carry out their duties at CEREQ:
-the incumbents or trainees as well as officials seconded or made available to the institution, with the exception of agents in the position of availability or parental leave;
-les Contract employees under public law who have an indefinite or temporary contract for a minimum period of ten months, excluding agents on parental leave or on leave without pay and paid staff
The voters list is stopped by the director of the CEREQ. It shall be posted at least 15 days before the date set for the consultation.
Within 11 days of the posting, electors may verify registrations and, if applicable, submit applications for registration. Within the same period, claims may be made against the entries or omissions in the list of electors.
The Director of the CEREQ shall act without delay on the claims.
May present to the consultation provided for in Article 1 of this Order the trade unions referred to in the fourth paragraph of Article 14 of the Act of 11 January 1984 If
of these trade unions apply, or if the number of voters registered by the voters on the voters list is less than one-half of the voting members, it is organized a second Vote to which any union organization may participate.
This second ballot takes place on a date fixed by decision of the Director of the CEREQ.
For the first ballot, nomination papers must be sent to the Director of the CEREQ by a date fixed by the decision of the Director of the CEREQ.
These nomination papers must mention the name of a Delegated authority to represent the union organization in all election operations and may be accompanied by a profession of faith.
The nomination papers are the subject of a receipt given to the delegate.
If a second ballot is By a date fixed by a decision of the Director of the CEREQ.
Applications that meet the conditions set out in sections 4 and 5 of this Order are posted on a date fixed by the Director of the CEREQ.
A single polling station is set up with the director of the CEREQ, whose chairman and secretary are appointed by the director of the CEREQ.
Each trade union organization Participating in the consultation may appoint a delegate at that polling station.
The polling station shall decide on any disputes that may arise during the course of an election, shall determine the number of votes cast, and Draw up a record of the results of the consultation.
Election operations shall be conducted publicly in the
Voting takes place by secret ballot, on sigle, and under envelope.
Ballot papers and envelopes are established by the administration according to a standard format.
Agents can vote by mail under the following conditions:
The list of agents to vote by mail is attached to the List of electors set out in item 3 above. At least 15 days before the date of the poll, interested agents are notified of their registration on this list and of the conditions under which they may vote. The persons concerned may verify the entries and make any claim against the entries or omissions under the conditions laid down in Article 3;
The agents prevented from taking part in the direct vote as a result of the requirements of Service may also vote by correspondence. The time limits referred to in Article 3 of this Order shall not apply to them;
The ballots and the necessary envelopes shall be transmitted to the persons concerned ten clear days at least before the fixed date of the vote;
The elector shall insert The ballot paper in a first envelope (envelope 1). This envelope, of a model fixed by the administration, shall not bear any distinctive mention or sign. It inserts the envelope previously purchased in a second envelope (envelope 2) on which its name, first name, assignment and signature are to be included;
This sealed envelope is placed in a third envelope (known as the "envelope"). Envelope n ° 3) that it addresses by post at the polling station on which it depends;
The envelope No. 3 must reach the polling station no later than the polling day and before the closing time of that poll.
At the end of the poll, the polling station proceeded to count the votes according to the following conditions:
-envelopes # 3 and then Envelopes n ° 2 are opened;
-as the envelopes n ° 2 are opened, the list of electors is neat and the envelope # 1 is placed in the urn.
Are unopened without being opened:
-envelopes # 3 received At the polling station after the closing time of the poll;
-envelopes n ° 2 not signed or not bearing the name of the elector or on which this statement is illegible;
-multiple envelopes # received in the same Envelope number 3 under the signature of the same elector;
-envelopes no. 1 marked or a distinctive sign;
-envelopes numbered 1 in multiple numbers under the same envelope No. 2;
-envelopes received from electors Having taken part directly in the vote. In such a case, the mail-order vote is not taken into account.
Apart from:
-the ballots found in envelope No. 3 without envelope number 1 or number 2;
-the ballots found in envelope No. 2 without envelope No. 1.
At the end of the census of all votes, the polling station shall determine the number of voters from the list If
number of voters is less than half the number of staff to vote, the counting of the votes shall not be carried out and a second ballot shall be held under the conditions laid down in Articles 4 and 5 of this
If the number of voters is equal to or greater than half of the number of personnel to vote, the count shall be counted under the conditions set out in section 12.
The polling station shall count all votes.
Are considered invalid and are not counted in the valid votes cast:
-les White papers;
-bulletins that do not conform to the standard pattern;
-bulletins with overloads, ratures, or shredding;
-multiple ballots found in the same envelope for union organizations
Are considered validly expressed and count for one vote multiple ballots found in the same envelope for the same union organization.
The polling station shall draw up a record of the consultation mentioning:
-the number of registered voters;
-the number of voters;
-the Number of votes validly cast;
-number of votes is void;
-the total number of votes obtained by each union organization.
The minutes are signed by the President, the Secretary and the representatives of the organizations Union present at the time of counting.
The envelopes that were discarded without being opened, the ballots cast aside, and the votes counted as invalid are appended to the minutes.
Mail-in votes reached at the office The
station shall determine the electoral quota by dividing the total number of votes validly cast by the polling station after the closing time of the poll. Number of representatives holding staff on the CEREQ Joint Technical Committee.
Each trade union organization having presented itself to the staff consultation is entitled to as many seats as the staff representative That the number of votes collected by it contains the electoral quota. The seats of the current holder remaining to be filled shall be allocated according to the highest average rule.
It shall then be allocated to each trade union organization a number of alternate representatives equal to that of the Seats of the incumbent representative obtained by that organization in accordance with the preceding paragraph.
The polling station proclaims the results of the consultation.
Without prejudice to the provisions set out in the eighth paragraph of Article 14 of the aforementioned Law of 11 January 1984, challenges to the validity of the staff consultation are Within five days, from the proclamation of the results, before the Minister of National Education and, where appropriate, before the competent administrative court.
In view of the results of the consultation, a decree of the Minister of National Education establishes the list of trade union organisations entitled to designate Their representatives on the CEREQ's Central Joint Technical Committee and set the number of seats for each of them.
This order shall specify a time limit for the appointment of staff representatives.
The order of 22 September 1998 laying down detailed rules for the consultation of organised personnel in order to determine the Representativeness of the trade union organizations designated to appoint staff representatives to the Joint Technical Committee of the Centre for Education and Research on Qualifications is repealed.
The Director of the Centre for Education and Research on Qualifications is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done at Paris, March 11, 2002.
The Minister of National Education,
For the Minister and delegation:
The Director of Financial Affairs,
M. Dellacasagrande
The Minister of Employment and Solidarity,
For the Minister and by delegation:
The Director of Research Animation,
for Studies and Statistics,
A. Fouquet
The Minister for the Public Service
and state reform,
For the minister and delegation:
By preventing the Director General
from administration and the public service:
The subdirector,
Y.
Chevalier
