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Order Of April 4, 2005 Setting Out The Terms Of The Staff Consultation To Determine Trade Union Organizations Empowered To Designate The Staff Representatives In The Joint Technical Committee Of The School Na...

Original Language Title: Arrêté du 4 avril 2005 fixant les modalités de la consultation du personnel organisée en vue de déterminer les organisations syndicales habilitées à désigner les représentants du personnel au sein du comité technique paritaire de l'Ecole na...

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JORF n ° 85 of April 12, 2005 page 6544
text #1




Order of 4 April 2005 laying down the procedures for the consultation of organised staff with a view to determining the trade union organisations entitled to Designate staff representatives on the Joint Technical Committee of the National Administrative School

NOR: PRMG0570250A ELI: Https://www.legifrance.gouv.fr/eli/arrete/2005/4/4/PRMG0570250A/jo/texte


The Prime Minister and the Minister of Public Service and Reform
the light of the amended Act No. 83-634 of 13 July 1983 on the rights and obligations of civil servants, Act No. 84-16 of 11 January 1984, as amended, amending the statutory provisions relating to the public service of the
; Decree No. 82-452 of 28 May 1982 relating to joint technical committees;
Given the amended Decree No. 2002-49 of 10 January 2002 on the missions, the administration and the financial system of the Ecole Nationale d' Administration;
Vu The decree of 7 March 2002 establishing the Central Joint Technical Committee of the Ecole Nationale d' Administration,
Stop:

Article 1


A consultation of the staff of the National Administrative School is organised, pursuant to the second paragraph of Article 11 of the decree of 28 May 1982 referred to above, in order to determine the trade union organisations entitled to Appoint staff representatives to the Joint Technical Committee of the National Administrative School.
The date of the poll is set at 10 May 2005.

Article 2


The staff involved in the consultation are the on-duty officers at the time of the consultation, with the exception of casual contract agents.
The list of such staff is drawn up by the director of the Ecole Nationale d' Administration. It is posted no later than April 21.
Within eight days of posting, claims may be made against entries or omissions on the list. The Director of the National School of Administration shall act without delay on such claims.

Article 3


Consultation with the trade unions of officials referred to in the fourth paragraph of Article 14 of the aforementioned Law of 11 January 1984.
If none of these trade union organisations apply or if the number of voters, found On the list of personnel called to vote, is less than half of the registered staff, is a second ballot to which any trade union of officials may participate.
The date of the second ballot Shall be fixed by order of the Minister for Public Service and the Reform of the State.

Article 4


For the first ballot, the Nomination papers must be sent to the Director of the National Administrative School no later than 14 April 2005 at 12 noon.
These applications may be accompanied by a profession of faith and mention the name of a qualified delegate To represent the trade union organisation in all electoral operations.
The nomination papers shall be the subject of a receipt issued to the delegate.
Organizations falling under the second paragraph of Article 14 of the Law of 11 January 1984 referred to above shall file with the principal of the school a file containing the elements for assessing their representativeness with regard to the provisions of Article L. 133-2 of the Labour
. Shall be deposited under the conditions laid down in the first three paragraphs of this Article, on a date fixed by order of the Minister for Public Service and State Reform.

Article 5


Applications that meet the conditions set out in sections 3 and 4 of this Order are posted on April 18, 2005.

Article 6


The vote takes place in Strasbourg on the site of the Saint-Jean Commandery and in Paris on the sites of the university and the Observatory.

Article 7


Voting takes place by secret ballot on sigle and in envelope.
Ballots and envelopes are established by Administration based on a typical model.
Polls take place in the workplace and during the hours of service.
Match voting can occur under the following conditions:
Only agents Prevented from taking part in the direct vote, especially as a result of operational requirements, may vote by correspondence. The necessary ballot papers and envelopes shall be transmitted to the persons concerned by the administration at least five clear days before the date of the consultation. The list of officers called to vote by correspondence shall be annexed to the list referred to in the second paragraph of Article 2 of this Order.
The voter shall put his ballot in a first envelope (" Envelope No. 1 "). This envelope, of a model fixed by the administration, shall not bear any distinctive mention or sign. It inserts this envelope previously sealed into a second envelope (" Envelope No. 2 ") On which the name, first name, assignment and signature must be included. This fold, also hidden, is placed in a third envelope (known as " Envelope No. 3 ") To be sent to the polling station on which he or she depends.
Envelope #3 must be sent to the polling station before the opening time of the poll. Votes after this period are returned to interested parties with an indication of the date and time of receipt.

Item 8


It A special polling station shall be set up at each of the school sites referred to in Article 6 of this Order and a central polling station. These polling stations shall be composed of a President and a Secretary designated by the Director of the National Administrative School and a delegate of each candidate union organisation.

Article 9


At the end of the poll, each special polling station proceeds with the counting of votes.
Mail-in votes are counted As follows:
Envelopes #3, then envelopes # 2, are opened. As the envelopes n ° 2 are opened, the voters list is neat and the envelope No. 1 filed, without being opened, in the ballot box containing the votes of the agents who voted directly in the ballot
. , and shall be annexed to the Minutes of the envelopes n ° 3 reached after the closing time of the poll, the multiple envelopes reached under the signature of the same agent, the envelopes n ° 1 reached in multiple numbers under one Envelope No 2 and the envelopes No 1 marked with a distinctive mark or sign. The names of the staff members from these envelopes are not drawn on the list agreed to for the consultation.
Also, without being opened, the envelopes of the staff who voted directly in the ballot box are not opened. In such a case, the mail-order vote is not taken into account.
The special polling station shall draw up a record of the transactions in the identification of votes by correspondence. The following shall be annexed to this record the envelopes that have been set apart without being opened.
The polling station shall record the number of voters from the list of items which it shall transmit without delay to the central polling station.

Article 10


The central polling station records the number of voters. If it is equal to or greater than half of the number of registered voters, the central polling station shall request the special polling stations to count the votes.

Article 11


At the counting of the ballots, are not counted in the ballots validly cast the blank ballots, the ballots found in the ballot box without envelope, the ballots Raturated, shredded or bearing signs of recognition, the multiple bulletins contained in the same envelope designating different trade union organizations.
A record of the counting operations shall be established by each office of Special vote, on which the number of registrants, the number of voters, the number of valid votes cast, the number of blank or invalid votes and the number of votes obtained by each trade union organization in the presence. The blank or spoiled ballots shall be attached together with the minutes of the census transactions referred to in section 9 of this Order.
These minutes shall be forwarded without delay to the central polling station.

Article 12


The central polling station records all the votes cast on the union organizations in the presence. It shall establish a general record of the voting operations.
The minutes shall be appended to the minutes of the special voting stations.
It shall forthwith proclaim the results of the consultation.

Article 13


Without prejudice to the provisions provided for in the eighth paragraph of Article 14 of the aforementioned Law of 11 January 1984, challenges to the validity of the Within five days of the announcement of the results, before the Director of the National Administrative School and, where appropriate, before the administrative court.

Article 14


Based on the results of the consultation, an order from the Minister of Public Service and state reform determines The trade union organisations empowered to appoint staff representatives to the Joint Technical Committee of the Ecole Nationale d' Administration and the number of seats to which they are entitled.

Article 15


The Director of the National Administrative School shall be responsible for the execution of this Order, which shall be published in the Official Gazette of the Republic French.


Done at Paris, April 4, 2005.


The Prime Minister,

For the Prime Minister and by delegation:

By preventing the Director General

Administration and Public Service:

The Director,

C. The Bihan-Graf

The Minister of the Public Service

and state reform,

For the minister and delegation:

By preventing the Director General

from administration and the public service :

The Director,

C. Bihan-Graf


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