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Decree Of 22 September 2004 Laying Down The Procedures For The Consultation Of Staff Of The Cnous And Crous Organized To Determine The Representativeness Of Trade Union Organizations Entitled To Be Represented On The Technical Committee Parity ...

Original Language Title: Arrêté du 22 septembre 2004 fixant les modalités de la consultation des personnels du CNOUS et des CROUS organisée afin de déterminer la représentativité des organisations syndicales appelées à être représentées au comité technique parit...

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JORF n°231 of 3 October 2004 page 16992
text No. 5



Judgment of September 22, 2004 setting out the modalities for consultation with staff of the CNOUS and the CROUS organized to determine the representativeness of trade union organizations to be represented on the central technical committee established with the Director of the National Centre for Academic and Academic Works

NOR: MENF0402125A ELI: https://www.legifrance.gouv.fr/eli/arrete/2004/9/22/MENF0402125A/jo/texte


The Minister of National Education, Higher Education and Research and the Minister of Public Service and State Reform,
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, including its article 15;
Having regard to amended Decree No. 82-452 of 28 May 1982 concerning the technical committees of parity, including articles 11 and 11 bis;
In view of Decree No. 2000-1228 of 13 December 2000 on the central technical committee established with the director of the National Centre for Academic and Academic Works;
In view of the decision of 13 December 2000 on the Central Technical Committee established with the Director of the National Centre for Academic and Academic Works,
Stop:

Article 1


A consultation with the staff of the National Centre for Academic and Academic Works (CNOUS) and the regional centres for academic and academic works (CROUS) is organized, pursuant to article 11, second paragraph, of the above-mentioned decree of 28 May 1982, to determine the representativeness of the trade union organizations to be represented in the central technical committee established with the director of the National Centre for Academic and Academic Works.
The date of the consultation is 16 November 2004.

Article 2


Are electors:
- officials, holders or interns, active and performing their duties in the services of CNOUS and CROUS, as well as officials who are detached or are made available to these institutions, excluding staff on leave and staff on parental leave;
- contractual agents of public law and private law acting in the services of the CNOUS and the CROUS and receiving an indefinite or temporary appointment for a minimum period of ten months, excluding staff on leave without pay, staff on parental leave and on vacation pay.

Article 3


The lists of electors are stopped by the director of the CNOUS for the CNOUS, and by each director of CROUS for all services under his institution.
Each of these lists specifies the names, first name(s) and assignments of personnel who meet the conditions listed in the previous section.
These lists are posted on service premises, at least 15 days before the date for consultation. Within eight days of the publication, 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 Director of the CNOUS or the directors of CROUS shall decide without delay, each with respect to these claims.

Article 4


The consultation referred to in the fourth paragraph of Article 14 of the Act of 11 January 1984 referred to above may be presented to the consultation provided for in Article 1 above.
If no representative trade union organization has validly made an application or if the number of voters recognized by the electoral rolls is less than half of the number of personnel registered on the electoral lists, a second ballot shall be held, to which any trade union organization may participate.
The second ballot shall be held on the date set out in the schedule annexed.

Article 5


For the first ballot, the nominations must be sent to the Director of CNOUS, 69, quai d'Orsay, 75007 Paris (office of administrative staff), no later than the deadline set by the annexed schedule, by registered letter with acknowledgement of receipt.
Nominations must include the name of a delegate authorized to represent his organization in all electoral operations and may be accompanied by a copy of the profession of faith. 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, no later than the deadline set out in the schedule annexed.
The Director of CNOUS sets out the list of organizations admitted to participating in the consultation.
The profession of faith is printed on a sheet (recto or recto verso, format 14,85 cm x 21 cm, paper 80 g white). Professions of faith that do not meet these criteria will not be taken into account.
The use of a logo and a sign (group of letters or signs or graphic elements used as a symbol) is permitted on the professions of faith and ballots.
The ballot papers bearing the name of the trade union organization and its possible logo will be in format 14,85 cm x 21 cm, paper 80 g of green color, print only; It will also include the date of the vote and the subject of the consultation: " Consultation of the staff of the CNOUS and the CROUS".

Article 6


Nominations that meet the requirements set out in articles 4 and 5 of this Order are posted in the polling stations and in the voting sections on the date set out in the schedule annexed.

Article 7


It is established a special polling station and a central polling station with the director of the CNOUS at 69, dock of Orsay in Paris, and a special polling station with the director of each CROUS.
The polling stations are presided over, for the CNOUS, by the Director of the CNOUS or his representative and, for each CROUS, by the Director of the CROUS or his representative.
The chair of each polling station shall designate a secretary. Each trade union organization presenting itself to the consultation may designate a delegate within each voting office.
Each polling station shall decide on the difficulties that may arise in the conduct of the electoral process.
Voting sections, which are responsible for voting, can be created by decision of the settlement manager. The voting sections include a chair and secretary designated by the director to whom they are placed, and, where appropriate, a delegate from each list in attendance.

Article 8


The vote takes place by secret ballot on acronym and under envelope. The ballots and envelopes are prepared by the administration according to a model.
Electoral operations are conducted publicly in the workplace and during service hours.
The elector inserts his ballot in an envelope no. 1 containing no mark or distinction to determine its origin.
Each voter starts the list in front of his name.

Article 9


The vote may be by correspondence. The mailing vote shall be made by mail under the following conditions:
Voting:
- officers who do not perform their duties at the headquarters of a polling division;
- sick leave, sick leave, long sick leave or long-term leave;
- Maternity leave officers;
- workers on trade union training leave, on vocational training leave;
- agents in a position of absence regularly authorized;
- the officers prevented, because of service requirements, from going to the polling station or to the polling division on polling day;
- Officers suspended from duty for disciplinary reasons.
The list of officers called to vote by correspondence is annexed to the list of electors set out in Article 3 above. At least 15 days before the voting date, interested officers are notified of their registration on this list and of the conditions under which they may vote. Interested persons may verify registrations and make any claim against registrations or omissions under the conditions set out in Article 3 above.
These deadlines do not apply to agents prevented from taking part in direct voting as a result of service requirements.
The necessary ballots and envelopes shall be transmitted to the interested parties at least eight frank days before the scheduled date of the ballot.
The correspondence vote is as follows:
- the elector inserts his ballot in a first envelope (named envelope 1) that he hides. This envelope of a model established by the administration shall not bear any distinctive mention or sign;
- it then places this envelope no. 1 in a second envelope (named envelope no. 2) that it hides and on which it applies its signature and clearly bears its name, name, grade, assignment and mention: "Conference of the staff of the CNOUS and the CROUS";
- it then places this envelope no. 2 in a third envelope (named envelope No. 3) that it hides and on which it indicates the address of the polling station or the voting section to which it is attached. The refinement of this envelope is supported by the establishment.
Envelope No. 3, dispatched by the elector, must arrive at the polling station no later than the polling day and before the closing time of the election.

Article 10


The counting of votes in the first ballot is subject to the verification that the number of voters recorded by the electoral rolls is at least 50 per cent of the electors registered.
Receipt and identification of correspondence votes shall be carried out in the special polling stations on the date fixed by the schedule of electoral transactions under the following conditions:
- envelopes No. 3, and envelopes No. 2 are open;
- as envelope 2 opens, the list of electors is demarcated and envelope 1 is filed, without being opened, in the ballot box containing the votes of the agents who voted directly to the ballot box.
Are apart, without being open:
- Envelopes No. 3 arrived at the polling station after the closing time of the poll;
- envelopes No. 2 on which the name and signature of the voter is not included, or on which the name is illegible;
- multiple envelopes reached under the signature of the same agent;
- envelopes No. 1 bearing a distinctive mention or sign;
- envelopes No. 1 reached in multiple numbers under the same envelope No. 2.
The name of the voters whose envelopes emanate is not on the list of electors.
Apart from, without being open, the envelopes from electors who took part directly in the vote. In such a case, the correspondence vote is not taken into account.
Except for the ballots found in envelope No. 3 without envelope No. 1 or No. 2.
The votes reached after the closing time of the poll are returned to the interested parties with the date and time of receipt.
A report is prepared, to which the separate envelopes are annexed without being open.

Article 11


When they are established, the voting sections shall transmit the votes, the minutes and the sub-cashing lists to the special polling station to which they belong.
Each special polling station counts the total number of voters (urn and correspondence) from the boot lists and sends these results to the central polling station without delay by fax.
The central polling station notes the number of voters.
If the number of voters is less than half of the number of personnel called to vote, it is not proceeded to count the vote and a second ballot is held, under the conditions provided for in Article 11 bis of the decree of 28 May 1982 referred to above.
If the number of votes is equal to or greater than half of the number of personnel called to vote, the counting of the ballot shall be taken.

Article 12


During the counting of votes, the votes cast under the following conditions are considered invalid:
- white papers;
- ballots not conforming to the model type;
- bulletins with overloads and natures;
- the multiple ballots found in the same envelope, identifying different trade union organizations;
- ballots not contained in envelope No. 1 or found in non-regulatory envelopes;
- the ballots found in envelopes No. 1 bearing a distinctive mention or sign.
They are considered validly expressed and count for one vote the multiple ballots, found in the same envelope, from the same trade union organization.
The special polling stations shall prepare a record of:
- the number of registered electors;
- the number of voters;
- the number of blank or void ballots;
- the number of valid votes cast;
- the total number of votes obtained by each trade union organization.
The minutes, signed by the members of the polling station, are forwarded without delay, under seal and recommended with notice of receipt, to the central polling station.
These are annexed to the minutes: the minutes of the census operations, the envelopes that have been deviated without being opened, the separate ballots and the votes considered not validly expressed.

Article 13


The voting office centralizes the results and counts all the votes that have focused on the trade union organisations in attendance.
It determines the electoral quota by dividing the total number of valid votes cast by the number of staff representatives in the central technical committee established with the director of the National Centre for Academic and Academic Works.
Each trade union organization having presented itself to the staff consultation shall be entitled to as many seats as a staff representative as the number of votes collected by it contains the electoral quota. Any remaining incumbent seats are allocated according to the highest average rule.
It is then assigned to each trade union organization a number of alternate representative seats equal to that of the incumbent representative seats obtained by that organization pursuant to the preceding paragraph.
The central polling station shall prepare a general report of the consultation and declare the results.
Without prejudice to the provisions of the eighth paragraph of section 14 of the Act of 11 January 1984 referred to above, the contestations on the validity of the electoral operations shall be brought within five days of the proclamation of the results to the Minister of National Education, Higher Education and Research and, where applicable, to the administrative jurisdiction.

Article 14


Based on the results of the consultation, an order by the Minister of National Education, Higher Education and Research establishes the list of trade union organizations authorized to designate representatives to the central technical committee established with the Director of the National Centre for Academic and Academic Works and sets out the number of seats of holder and alternate allocated to each of them.

Article 15


The director of the national centre and the directors of the regional centres for academic and academic works are responsible, each with regard to the execution of this decree, which will be published and its annex to the Official Journal of the French Republic.

Annex


A N N E X E
CALENDAR OF ELECTORAL OPERATIONS SCRUTIN FROM 16 NOVEMBER 2004
CNOUS and CROUS personnel consultation


You can see the table in the OJ
n° 231 of 03/10/2004 text number 5


Done in Paris, September 22, 2004.


Minister of National Education,

higher education

and research,

For the Minister and by delegation:

The Director of Financial Affairs,

Mr. Dellacasagrande

Minister of Public Service

and state reform,

For the Minister and by delegation:

By preventing the Director General

Administration

and the Public Service:

Deputy Director,

A. Wagner





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