Key Benefits:
Minister of Agriculture, Food, Fisheries and Rural Affairs and Minister of Public Service, State Reform and Land Management,
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 and 11;
In view of the decision of 11 August 2003 on the establishment of the Central Joint Technical Committee and Special Technical Committees at the National Haras Public Institution,
Stop:
A general consultation of staff in the public institution The National Haras is organized to designate members serving on the Central Joint Technical Committee and the Special Joint Technical Committees of the National Haras.
For each parity technical committee, a specific ballot is organized. The elections are held simultaneously.
This consultation is organized by the Director General of the National Haras, who determines by decision the timing and practical modalities of the vote. This decision is made available to the staff.
Electors are active agents, on parental leave or on parental leave, in the public institution, with a minimum age of six months.
The quality of the elector is appreciated on the day of publication of the decision organizing the electoral process.
The list of electors is stopped by the Director of National Haras and posted at the various sites of the public establishment at least four weeks before the date of the poll.
Electors may verify their registration on the lists and make any claim to the Director General within eight days after the lists are posted. The Director General shall decide within three days on these claims.
The representative trade union organizations, within the meaning of the fourth paragraph of Article 14 of the Act of 11 January 1984 referred to above, may be admitted.
If none of these organizations presents or if the number of voters is less than half of the number of staff called to vote, a second ballot shall be held to which any employee union organization may participate. The date and conditions of the second ballot will be defined, if any, by the Director General of the National Haras.
Trade union organizations that wish to participate in the consultation should make an application.
Nominations must be filed or sent by registered letter with acknowledgement of receipt at least four weeks before the date of the voting. The deadline for submission of applications is set by decision of the Director General of National Haras.
The application may mention the name of the list delegate authorized to represent the trade union organization in all electoral operations.
For the renewal of the Central Joint Technical Committee, each trade union organization must file its application with the Director General of the National Haras.
For the renewal of special parity technical committees, each trade union organization must submit its application to the director to whom the special parity technical committee was established.
Nominations of trade union organizations that meet the requirements set out in articles 4 and 5 shall be posted on the premises of the services no later than the day after the deadline for submission of nominations.
Pursuant to Article 14 of the Act of 11 January 1984 referred to above, the contestations on the admissibility of the lists filed are brought before the competent administrative tribunal within three free days after the deadline for applications.
A central polling station is established with each parity technical committee.
A special polling station is established with each special parity technical committee, for the vote on the Central Joint Technical Committee of the National Haras Institution.
The composition of the central and special polling stations is as follows.
Each polling station shall include:
- a president, who is head of service to which the technical committee of parity was established;
- a secretary: this is designated by the president;
- as well as, where appropriate, a delegate from each trade union organization whose candidature has been accepted.
The vote for the various ballots may take place in the same place. In this case, all steps are taken to ensure the distinct character of each ballot.
The competence of the polling stations is as follows:
1. The special polling stations established for the Central Joint Technical Committee count the number of voters and inform the Central Voting Office for the Central Joint Technical Committee.
If the number of voters is equal to or greater than half of the total number of registered electors, the special polling stations, on the instruction of the central polling station, shall proceed with the counting and shall promptly report the results to the central polling station.
2. The central polling station notes the quorum for the special parity technical committee to which it was established.
At the end of the counting operations, the president of the central polling station proclaims the results for his special parity technical committee. The results are reported to the Director General of the National Haras without delay.
The vote takes place on a secret ballot, on an acronym and under an envelope.
Agents may vote:
- the day on which the polling is conducted, in the polling station, against the vote;
- either by correspondence if they are absent from service on voting day. In order to be taken into account, the correspondence must be sent, by the date of the vote, before the closing time of the vote.
During the consultation, each elector is invited to indicate the trade union organization by which he intends to be represented, on the one hand, within the Central Joint Technical Committee of the National Haras and, on the other, within the special parity technical committee whose service depends.
Only envelopes and ballots provided by the administration may be used for the election.
The voting material shall be sent at least 15 days before the date of the election to the electors by the Director General of the National Haras.
For each poll, voting equipment includes:
- a ballot for each trade union organization;
- the profession of faith written by each of them, limited to a single recto verso sheet;
- a blank envelope (n° 1);
- an envelope No. 2 intended for the vote by correspondence. The agent must mention the name, name, assignment and signature of the agent;
- a pre-affranchie envelope (#3) at the address of the polling station where the agent is an elector.
The voting census takes place under the following conditions:
(a) Immediately after the close of the poll, the chairman of the polling station proceeds to the polling of the votes, on the one hand, for the Central Joint Technical Committee (Special Voting Office) and, on the other, for his Special Joint Technical Committee (Central Voting Office).
For correspondence votes, the central polling station counts envelopes No. 3 and opens these envelopes No. 3. It indicates on the list of electors, in the column normally reserved for the signature of the agent, the mention "by correspondence" and deposits in the urn envelope number 2 contained in each envelope number 3;
(b) The urn containing all envelopes 2 can now be opened. The envelopes n° 2 are discarded and the envelopes n° 1 are deposited, without being opened, in the urn.
Are apart, without being open:
- the envelopes No. 3 reached after the closing hour of the poll;
- envelopes No. 2 not signed or not containing the name of the elector or on which this mention is illegible;
- the multiple envelopes reached under the signature of the same elector;
- envelopes No. 1 with a distinctive sign or a mention;
- the envelopes No. 1 reached in multiple numbers under envelope No. 2.
These envelopes, not recorded among the votes, are annexed to the minutes.
At the end of the voting census, each polling station notes the number of votes. The special polling stations shall communicate to the central polling station the number of voters.
Only the president of the central polling station is entitled to see the quorum.
If the number of voters is less than half of the number of personnel registered on the list of electors, the counting of the vote is not done and a second ballot is held.
If the number of voters is equal to or greater than half of the number of personnel on the list of electors, the counting of the ballot shall be carried out under the conditions set out in section 13.
During the counting of the ballot and the opening of envelopes #1, the following ballots are not recorded in valid votes:
- ballots not conforming to the model type;
- ballots with overloads, rats or torn;
- multiple ballots found in the same envelope, concerning different trade union organizations;
- white papers;
- the ballots in the urn without envelope;
- the bulletins found in envelope number 3 without envelope number 2.
They are considered validly expressed and count for a single vote the multiple ballots found in the same blank envelope and emanating from the same trade union organization.
Each trade union organization is entitled to as many seats as incumbent representatives as the number of votes collected by its list contains the electoral quota. The seats of any incumbent representatives remaining to be filled are allocated according to the highest average rule.
At the end of the remains, minutes are issued.
For the election to designate the members of the Central Joint Technical Committee, a record of the voting operations shall be prepared by each special polling station and transmitted to the president of the Central Voting Office of the Central Joint Technical Committee of the National Haras.
For the ballot to designate members of the special technical committees, a record of the voting shall be prepared by each chair of the central polling station.
Each central polling station proclaims the results for the ballot.
Without prejudice to the provisions of the eighth paragraph of Article 14 of the Act of 11 January 1984 referred to above, the disputes over the validity of the electoral operations shall be brought, within five days of the proclamation of the results, to the Director General of the National Haras and, where applicable, to the administrative jurisdiction.
In view of the results of the consultation, the Director General shall, by decision, designate trade union organizations to be represented on the Central Joint Technical Committee and in the Special Joint Technical Committees and determine the number of seats to which trade union organizations are entitled.
The Director General of the National Haras is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done in Paris, August 11, 2003.
Minister of Agriculture, Food,
and Rural Affairs,
For the Minister and by delegation:
By preventing the Director General
of the administration:
The chief of service,
O. Bobenriether
The Minister of Public Service,
of State Reform
and landscaping,
For the Minister and by delegation:
By preventing the Director General
Civil Service:
Deputy Director
and compensation,
A. Belgy
