Key Benefits:
Minister of Defence,
In light of amended Act No. 83-634 of 13 July 1983 on the rights and obligations of civil servants, together with amended Act No. 84-16 of 11 January 1984 on statutory provisions relating to the public service of the State;
Having regard to amended Decree No. 82-452 of 28 May 1982 concerning the technical committees of parity, including articles 8, 11 (second paragraph) and 11 bis;
In view of Decree No. 2007-800 of 11 May 2007 establishing, organizing and operating the public administrative establishment Marine Hydrographic and Oceanographic Service (SHOM);
In view of the decision of 24 July 2007 establishing the Central Joint Technical Committee of the Administrative Public Institution Hydrographic and Oceanographic Service of the Marine (SHOM),
Stop it!
A consultation with the staff of the administrative public institution Hydrographic and Oceanographic Service of the Marine (SHOM), designated below under the acronym SHOM, is organized, under the conditions set out in articles 11 (second paragraph) and 11 bis of the decree of 28 May 1982 referred to above, to determine the trade union organizations to designate staff representatives in the central joint technical committee of SHOM.
The date of this consultation is determined by decision of the Director General of SHOM.
Receipts are incumbent officials or trainees, state workers and non-registrant agents with a minimum contract of six months, performing their duties within SHOM on the date of the consultation, as well as officers who are seconded or made available.
Staff on sick leave, long sick leave, long-term leave, maternity leave, adoption leave or parental leave are also eligible for election.
On the other hand, agents on early termination of activity or on leave without pay are not electors.
The list of electors, arrested by the Director General of SHOM, is posted at least 15 days before the date set for the consultation. Mention is made on the electoral list of agents called to vote by correspondence.
Within eight days of posting, electors can verify registrations and, where applicable, submit applications for registration. Within the same period, and for three days from the date of its expiry, claims may be made against registrations or omissions on the list of electors.
The SHOM Director General shall promptly decide on the claims.
The trade union organizations referred to in the fifth and sixth paragraphs of Article 14 of the Act of 11 January 1984 referred to above may be present at the consultation provided for in Article 1 of this Order.
If none of these trade union organizations submit an application or if the number of voters, as determined by the elections on the list, is less than half of the staff called to vote, a second ballot shall be held under the conditions set out in article 11 bis of the above-mentioned decree of 28 May 1982 to which any trade union organization of officials may participate.
The date and conditions for the organization of the second ballot are determined by decision of the Director General of SHOM.
Nominations must be filed with the Director General of SHOM or sent by registered letter with acknowledgement of receipt.
Such nominations may be accompanied by a profession of faith and must mention the name of a delegate, entitled to represent the trade union organization in all electoral operations.
Nominations are the subject of a receipt to the list delegate.
The closing date of the applications is determined by decision of the Director General of SHOM. It intervenes at least six weeks before the voting date.
If a second ballot is organized, the nominations shall be filed under the same conditions, on a date fixed by decision of the Director General of SHOM.
Nominations that meet the requirements set out in Articles 4 and 5 of this Order are posted within two business days of the closing date of application.
The Director General shall, within the same time, give to the delegates of the other trade union organizations who have made an application a reasoned decision declaring their application inadmissible.
A central polling station is established with the Director General of SHOM. The office decides on the difficulties encountered during the electoral process, notes the quorum, proceeds with the counting of the ballot and the proclamation of the results.
The central polling station includes a president and secretary appointed by the SHOM Director General and a delegate from each list in attendance.
For the performance of electoral operations, electors who perform their duties at the headquarters of the institution vote directly to the ballot box. In other cases, electors will vote by correspondence under the conditions set out in section 10 of this Order.
The ballot shall be held in secret ballot and under envelope. The proxy vote is not allowed.
During the consultation, each elector is invited to indicate the trade union organization by which he intends to be represented on the central technical committee of SHOM.
Only the envelopes and ballots provided by SHOM may be used for the ballot.
For officers voting in the urn, electoral operations are conducted publicly, in the workplace and during service hours. The elector must insert his ballot in an envelope (this envelope n° 1) with no external sign. It deposits this envelope in the urn and starts its signature on the starting list.
The vote may be taken by correspondence under the following conditions:
Agents who do not perform their duties at the office of the institution or are on sick leave, on long-term sick leave, on long-term leave, those who are in a position of regular absence and those who are prevented, because of the requirements of the service, from travelling on polling day at the central polling station.
The list of officers admitted to voting by correspondence is annexed to the list of electors decided by the Director General of SHOM.
At least 15 days before the date of the elections, interested officials are notified of their registration on this list and of the conditions under which they may vote. They may verify registrations and make any claim against registrations or omissions under the conditions specified in Article 3 of this Order.
The necessary ballots and envelopes shall be transmitted to the interested parties at least eight frank days before the date fixed for the elections.
These deadlines do not apply to agents prevented from taking part in direct voting as a result of service requirements.
The elector inserts his ballot in a first envelope (named envelope 1). This envelope, of a model fixed by the administration, shall not bear any distinctive mention or sign. It inserts this enclosed envelope without being cached in a second envelope (named envelope 2) on which its name, first names, assignment and signature must be included. This cached fold is placed in a third envelope (this envelope n° 3) bearing the mention "election consultation" that it addresses by mail to the central polling station.
Envelope No. 3 must arrive at the polling station before the closing time of the poll.
At the end of the poll, the polling station conducts the census of votes by correspondence. The envelopes No. 3, and the envelopes No. 2 are open. As envelopes 2 are opened, the list of electors is demarcated and envelope 1 filed, without being opened, in the ballot box containing the votes of the agents who voted directly to the ballot box.
Excepted without being open and annexed to the minutes:
- the envelopes from electors who took part directly in the vote. In such a case, the correspondence vote is not taken into account;
- the envelopes No. 3 reached after the closing hour of the poll;
- Envelopes No. 2 on which the name and signature of the voter or on which the name is illegible;
- multiple envelopes reached under the signature of the same agent;
- the envelopes No. 1 reached in multiple numbers under the same envelope No. 2;
- envelopes No. 1 bearing a distinctive mention or sign.
The name of the voters whose envelopes emanate is not on the list of electors.
The polling station shall prepare a record of the census of correspondence votes. The envelopes that have been set aside without being opened are annexed to this report.
The votes reached after the above census are returned to the interested parties with the date and time of receipt.
The polling station sees the number of votes from the starting list.
If the number of voters is equal to or greater than half of the number of registered electors, the polling station shall proceed without delay to count the ballot.
During the counting of the ballot, the ballots found in the ballot box are not counted in the valid votes cast, the ballots found in the ballot box without envelope, the ballots closed, torn or bearing signs of recognition, the ballots not conforming to the model provided by the administration, the multiple ballots contained in the same envelope and designateing different trade union organizations.
It is considered validly expressed and counts for a single vote multiple ballots concerning the same trade union organization.
A record of counting operations is prepared, to which ballots are annexed as null.
The central polling station counts all the votes cast on trade union organisations in attendance. It then determines the electoral quota by dividing the number of valid votes cast by the number of staff representatives in the Central Joint Technical Committee. Each trade union organization having presented itself has the right to as many seats as representatives holding the staff as the number of votes collected by it sometimes contains the electoral quota.
The seats of any incumbent representatives remaining to be filled shall be allocated according to the highest average rule. Each trade union organization shall be assigned a number of seats of alternate representatives equal to that of the seats of incumbent representatives obtained by that organization under the preceding paragraph.
The central polling station shall prepare the general record of the electoral transactions on which the number of electors, the number of voters, the number of valid votes cast, the number of votes obtained by each trade union organization in the presence. The separate envelopes are annexed to this report without being open and invalid ballots.
It proclaims, without delay, the results of the consultation.
Without prejudice to the provisions of the eighth paragraph of Article 14 of the Act of 11 January 1984 referred to above, disputes over the validity of the staff consultation shall be brought, within five days of the proclamation of the results, to the Director General of SHOM and, where applicable, to the administrative jurisdiction.
Based on the results of the consultation, a Minister of Defence order determines the trade union organizations to be represented on the SHOM Central Joint Technical Committee and the number of seats to which they are entitled.
The Director General of SHOM is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done in Paris, July 24, 2007.
For the Minister and by delegation:
The Director of Human Resources
Ministry of Defence,
J. Roudière
