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Decree Of 4 April 2003 Laying Down Procedures For The Consultation Of Staff To Determine The Representativeness Of Trade Union Organizations Called To Designate Representatives To The Central Joint Technical Committee Of The E...

Original Language Title: Arrêté du 4 avril 2003 fixant les modalités de la consultation du personnel organisée en vue de déterminer la représentativité des organisations syndicales appelées à désigner des représentants au comité technique paritaire central de l'E...

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JORF No. 93 of April 19, 2003 page 6994
text n ° 19




Order of April 4, 2003 setting out procedures for consulting with organized staff to determine the representativeness of organizations Union called to appoint representatives to the Joint Technical Committee of the Ecole nationale supérieure des ingénieurs des études et techniques d' armament

NOR: DEFP0301338A ELI: https://www.legifrance.gouv.fr/eli/arrete/2003/4/4/DEFP0301338A/jo/texte


The Minister of Defence and the Minister of Public service, state reform and spatial planning,
In the light of Act No. 83-634 of 13 July 1983 amending the rights and obligations of civil servants, Act No. 84-16 of 11 January 1984 laying down provisions Statutory provisions relating to the public service of the State;
Given the amended Decree No. 82-452 of 28 May 1982 relating to the Joint Technical Committees, and in particular Articles 8, 11 (2nd paragraph) and 11a;
In light of Decree No. 94-846 of 30 September 1994 Organisation of the Ecole nationale supérieure des ingénieurs des études et techniques d' armament;
In view of the decree of 4 April 2003 establishing the Central Joint Technical Committee of the Ecole nationale supérieure des ingénieurs des études and Armaments techniques,
Stop:

Article 1


A staff consultation at the Ecole nationale supérieure des Engineers of the studies and weapons techniques shall be organised, in accordance with the conditions laid down in Articles 11 (2nd paragraph) and 11a of the Decree of 28 May 1982 referred to above, with a view to determining the trade union organisations to appoint representatives of the And the number of seats assigned to each of them.
The date of this consultation shall be determined by Decision of the Director of the Ecole nationale supérieure des ingénieurs des études et techniques d' armament.

Article 2


Are electors Civil servants, non-incumbent agents and state workers in office at the Ecole nationale supérieure des ingénieurs des études et techniques d' armament on the date of the consultation.

Article 3


The list of electors is stopped by the Director of the National School of Engineering and Armaments Engineering and posted on the premises of the school thirty days At least before the date set for the consultation. Reference is made to the list of electors for voting by correspondence.
Within ten days of publication, electors may verify registrations and, if applicable, submit applications for registration. Within the same period and for five days after its expiry, claims may be made against the entries or omissions on the lists of electors.
The Director of the National Graduate School of Engineers and Weapons techniques shall act without delay on such claims.

Article 4


At the time of the consultation, each voter shall be invited to Indicate the union organization by which it intends to be represented on the Joint Technical Committee.

Item 5


Closing Date Applications are determined by decision of the Director of the Ecole nationale supérieure des ingénieurs des études et techniques d' Armament. It shall take place at least six weeks before the date of the vote.
The trade unions referred to in paragraphs 4 to 6 of Article 14 of the aforementioned Act of 11 January 1984, who wish to submit to the consultation, shall make it known in writing To the Director of the Ecole nationale supérieure des ingénieurs des études et techniques d' armament. The acts of application shall be the subject of a receipt given to the delegate of the list.
The nomination papers submitted by the trade unions referred to in the preceding paragraph and which have been retained shall be displayed in the The École nationale supérieure des ingénieurs des études et techniques d' Armament the day after the close of nominations.
If no trade union organization has applied or the number of voters registered by the students On the list of electors is less than half the number of registered voters, a second ballot shall be conducted under the conditions laid down in Article 11a of the decree of 28 May 1982 referred to above. The date and conditions for the organization of this second ballot shall be determined by decision of the Director of the National School of Engineering and Weapons Engineers.

Article 6


It is established in the premises of the Ecole nationale supérieure des ingénieurs des études et techniques d' Armament, a polling station whose president is the director of the National School Or his or her representative and the secretary, an officer designated by his or her care.
Each trade union organization presenting itself to the consultation may appoint a delegate within that office. Vote.
The polling station shall decide on the difficulties encountered during the electoral process, conduct the counting of the votes, prepare the minutes of the electoral operations and declare the results as follows: Procedure set out in section 11 of this Order.
The first ballot shall not be counted if the number of voters is less than half of the electors on the list of electors.

Article 7


Election operations take place in public at work and during hours of service.
Voting is held by secret ballot and under Envelope.
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 an envelope, the spoiled, shredded or marked ballot papers. Recognition and multiple ballots contained in the same envelope designating different trade union organizations.
The polling station records all votes cast on trade union organizations in the presence, calculation of Their representativeness shall be carried out on the basis of the electoral quota and according to the rule of proportional representation with the balance of the remaining seats at the highest average for the allocation of seats to each of them.

Article 8


Match voting occurs under the following conditions:
-are allowed to vote by matching agents that Shall not perform their duties at the seat of a polling division, as well as those who are on sick leave, on long-term sick leave or on long-term leave, those in positions of absence regularly authorized and those who are prevented from doing so, in Reason for the exigencies of the service, to go to the polling division on polling day;
-the ballots on behalf of the trade union organizations and the necessary envelopes are established at the expense of the National Graduate School of Engineers Weapons studies and techniques and addressed by the latter, in due time, to the agents concerned;
-the elector inserts his ballot in an envelope (envelope No. 1), which shall not bear any mention in order to determine 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 closing; and
-on polling day, the President of the polling station Opens the envelope bearing the name and signature of the voter, erates the list of electors and places the envelope containing the ballot in the ballot box.

Article 9


Census of postal voting is conducted 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.

Article 10


Without prejudice to the provisions of the eighth paragraph of Article 14 of the aforementioned Law of 11 January 1984, challenges to the validity of electoral operations shall be brought within five days from the date of the Declaration of the results before the Minister of Defence and, where appropriate, before the administrative court.

Article 11


Taking into account the results of the consultation, an order of the Minister of Defence shall determine the representative trade unions and the number of seats to which they are
. Number of seats of alternate representatives equal to that of the seats of the holding representatives obtained by that organization, pursuant to the preceding paragraph.
Within 15 days from the date of publication of the First paragraph of this Article, each representative trade union shall make known to the Director of the École nationale supérieure des ingénieurs des études et techniques d' Armament the names of the representatives to occupy the seats of members Holders and alternate members assigned to it after the operations described in the preceding two paragraphs.

Article 12


The Director of the Ecole nationale supérieure des ingénieurs des études et techniques d' armament is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.


Done at Paris, April 4, 2003.


The Minister of Defence,

For the Minister and by delegation:

By preventing the Director

from the military and civilian personnel:

The Service manager,

F. The Puloc'h

The Minister of the Public Service,

of the

and Spatial Planning,

For the Minister and delegation:

By preventing the Director General

from Administration and Public Service:

The Deputy Director,

Y.
Knight


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