Key Benefits:
Minister of National Education, Higher Education and Research, Minister of Public Service and Minister of Culture and Communication,
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 Decree No. 82-447 of 28 May 1982 concerning the exercise of the right to organize in the public service, including articles 14 and 16;
Having regard to amended Decree No. 82-452 of 28 May 1982 concerning the technical committees of parity, including articles 11, paragraph 2, and 11 bis;
Having regard to amended Decree No. 82-453 of 28 May 1982 relating to occupational health and safety and to medical prevention in the public service, including articles 40 and 41 thereof;
In view of Decree No. 2002-90 of 16 January 2002 on the status of the National Institute for Preventive Archaeological Research;
Having regard to Decree No. 2002-450 of 2 April 2002 on provisions applicable to the staff of the National Institute of Preventive Archaeological Research;
Having regard to the amended decision of 14 November 2003 on the Joint Technical Committees of the Ministry of Culture;
In light of the amended decision of 14 November 2003 on the Health and Safety Committees of the Ministry of Culture,
Stop:
Pursuant to Article 11 of Decree No. 82-452 of 28 May 1982 referred to above, a general consultation of the staff of the National Institute of Preventive Archaeological Research is held.
This consultation is intended to assess the representativeness of trade union organizations in order to determine:
- the number of seats to which they are entitled in the technical committee of the National Institute of Preventive Archaeological Research;
- the number of seats to which they are entitled in the health and safety committees of the National Institute of Preventive Archaeological Research;
- the contingent of discharges of service activity and special authorizations of absence pursuant to Articles 14 and 16 of Decree No. 82-447 of 28 May 1982 referred to above.
The consultation is organized at the National Institute of Preventive Archaeological Research, which is the framework of the election.
The voting date is 6 October 2005, at 5 p.m.
Voters for the consultation at the National Institute of Preventive Archaeological Research are the agents in one of the following situations at the closing date of the electoral lists:
- incumbent officials and interns from the institution to which the parity technical committee and health and safety committees are established, in the position of activity, parental leave or parental presence, on sick leave, on training leave or on progressive retirement;
- contracting officers of the establishment recruited for an indeterminate period of work, on leave for personal research work, on sick leave, parental leave or parental presence, on training leave or on progressive retirement;
- officials in a detachment position at the institution or made available to the public institution;
- non-public and private law officers in office at the institution, recruited on a temporary basis for a period of more than ten months after the closing date of the electoral roll. In addition, non-registrants recruited for a specified period of time with more than 10 months of seniority at the closing date of the lists of electors are eligible for a cumulative period of time without, however, being able to be prior to July 1, 2002.
The list of electors is stopped by the Director General of the National Institute of Preventive Archaeological Research.
It is posted on the premises of the establishment at least three weeks before the date set for the consultation.
Within eight days of posting, electors can verify registrations and, where applicable, submit applications for registration. Within the same period, and for three days after its expiry, claims may be made against registrations or omissions on the list of electors.
The general direction of the National Institute for Preventive Archaeological Research is an immediate decision on claims.
Can be represented in the consultation provided for in Article 1 of this Order the trade union organizations of civil servants referred to in the fourth paragraph of Article 14 of the Act of 11 January 1984 referred to above.
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 to vote, a second ballot shall be held to which any employee organization may participate.
The date of this second ballot shall be determined by a decision of the authority to which the parity technical committee and the hygiene and safety committees are placed.
For the first ballot, nominations must be sent to the Director of General Administration of the Ministry of Culture and to the Director General of the National Institute of Preventive Archaeological Research by 1 September 2005, at 5 p.m.
Such nominations may be accompanied by a profession of faith of up to four pages and must mention the name of a delegate authorized to represent the trade union organization in all electoral operations. Nominations are the subject of a receipt to the delegate.
If a second ballot is organized, the nominations must be filed under the same conditions on a date fixed by the authority to which the parity technical committee and hygiene and safety committees are placed.
Nominations that meet the conditions set out in Articles 5 and 6 of this Order are posted within two days of the closing date of application at the National Institute for Preventive Archaeological Research.
A polling station is established at the National Institute of Archaeological Research. It conducts the counting of the ballot and the proclamation of the results.
The polling station is chaired by the Director General of the National Institute of Preventive Archaeological Research or its representative. The President of the polling station designates a secretary. Each candidate union organization may designate a representative in this voting office.
The vote takes place in secret ballot on acronym and under envelope.
It is carried out only by correspondence under the following conditions:
The necessary ballots and envelopes shall be forwarded to officers at least eight frank days before the date fixed for the elections.
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 envelope previously cached in a second envelope (this envelope n° 2) on which its names, names and signatures must be included, as well as the category, administrative residence and the elector's region. This fold, also hidden, is addressed to the polling station.
Envelope 2 must arrive at the polling station prior to the polling closing time.
At the end of the poll, the polling station conducts the census of votes by correspondence. The envelopes number 2 are open. As the envelopes opened no. 2, the list of electors is demarcated and envelope no. 1 deposited, without being opened, in the urn.
Except without being opened and are annexed to the minutes the envelopes No. 2 reached after the closing time of the ballot, the multiple envelopes No. 2 reached under the signature of the same agent, the envelopes No. 2 on which do not appear the name and signature of the voter or on which the name is illegible, the envelopes No. 1 reached in multiple numbers under the same envelope No. 2 and the envelopes 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 polling station sees the number of voters from the starting lists.
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 are not counted in the validly expressed ballots, the ballots inscribed, torn or bearing signs of recognition, the multiple ballots contained in the same envelope and denoting different trade union organizations, the ballots not conforming to the model.
A record of counting operations is prepared, to which ballots are annexed as null.
The polling station counts all the votes that have focused on the trade union organisations in attendance.
It sets out the general record of the electoral operations, on which the number of electors, the number of voters, the number of valid votes cast, the number of votes cast and the number of votes obtained by each trade union organization in attendance are drawn. The separate envelopes are annexed to this report without being open and invalid ballots.
The polling station determines the electoral quota by dividing the total number of valid votes cast by the number of staff representatives in the respective parity proceeding.
Each trade union organization having presented itself to the staff consultation is entitled to as many seats as representatives holding the staff as the number of votes it collects from times the electoral quota.
The seats of any incumbents remaining to be filled shall be allocated according to the highest average rule.
Each trade union organization shall then 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 voting office shall forthwith proclaim the results of the consultation.
Without prejudice to the provisions set out in the eighth paragraph of section 14 of the Act of 11 January 1984 referred to above, disputes over the validity of the consultation of staff shall be brought, within five days of the proclamation of the results, to the Director General of the National Institute of Preventive Archaeological Research and, where applicable, to the administrative jurisdiction.
Based on the results of the consultation, an order by the Minister for Culture and the Minister for Research determines the trade union organizations to be represented on the Joint Technical Committee and the Health and Safety Committees of the National Institute for Preventive Archaeological Research and the number of seats to which they are entitled.
This Order sets the deadline before which trade union organizations are called to designate their incumbent and alternate representatives.
The Director General of the National Institute for Preventive Archaeological Research is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done in Paris on 30 August 2005.
Minister of Culture
and communication,
For the Minister and by delegation:
By preventing the director
of the General Administration:
The chief of duty,
P. Geffré
Minister of National Education,
higher education
and research,
For the Minister and by delegation:
The Director of Research,
E. Giacobino
The Minister of Public Service,
For the Minister and by delegation:
By preventing the Director General
Administration and Public Service:
Deputy Director,
A. Wagner
