Decision Of 10 October 2007 Laying Down A Personal Consultation To Determine The Representativeness Of Trade Union Organizations Entitled To Be Represented At The Central Joint Technical Committee And The Committee Of Hygiene

Original Language Title: Décision du 10 octobre 2007 fixant les modalités d'une consultation des personnels afin de déterminer la représentativité des organisations syndicales appelées à être représentées au comité technique paritaire central et au comité d'hygi

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
French Official Gazette No. 239 of 14 October 2007
text # 22

Decision of 10 October 2007 laying down detailed personal consultation to determine the representativeness of trade union organizations entitled to be represented at the central joint technical committee and the health and safety committee of the National Centre management practitioners and hospital management staff of the public hospital NOR
:
SJSN0721931S ELI: https://www.legifrance.gouv.fr/eli/decision/2007/10/10/SJSN0721931S/jo/texte | ||
The Executive Director of the hospital practitioners National Centre for Management and personnel management or the public hospital service,
Considering Law No. 83-634 of 13 July 1983 on the rights and obligations of officials, together with Law No. 84-16 of 11 January 1984 on statutory provisions relating to the public service of the State;
Considering Decree No. 82-452 of 28 May 1982 as amended relating to joint technical committees, in particular Articles 8, 11 (second paragraph) and 11a;
Considering Decree No. 2007-704 of 4 May 2007 on the organization and operation of the hospital practitioners National Centre for Management and personnel management of the public hospital service and amending the Code of Public Health (regulations) ;
Considering the decree of 7 May 2007 appointing the Director General of the National Centre management practitioners and hospital management staff of the public hospital service;
Considering the order of 3 July 2007 on the establishment and composition of a central joint technical committee to the Executive Director of the hospital practitioners National Centre for Management and personnel management of the public hospital service;
Considering the decree of July 3, 2007 on the establishment and composition of the health and safety committee of the National Centre management practitioners and hospital management staff of the public hospital,
Decides:


Article 1

A staff consultation of hospital practitioners National Centre for Management and executive staff of the public hospital (CNG) is organized to determine the trade unions called to be represented in the committee Joint technical and health and safety committee of the NMC.
The poll is organized according to a schedule set by the Director General of CNG and displayed local clans of the establishment at least seven weeks before the election date. The same notice shall specify the hours and poll closing.



Article 2 are voters:
- Officials seconded to the CNG or made available, to the exclusion of agents in position for parental leave, leave for parental presence or end of activity leave;
- Contract agents employed by public law CNG recruited for a minimum of six months and whose presence in the services of the center is at least equal to seventy hours per month, excluding staff on parental leave, on leave of parental presence or unpaid leave.
Qualified elector is assessed at the date of closing of the electoral list.

Article 3

The voter list is decided by the Executive Director of CNG and is displayed in the premises of the establishment at least four weeks before the election date.
Within eight days following the posting, voters can check the enrollment and, if appropriate, submit registration applications or claims against the inscriptions. At the end of this period, the Director General appears, within forty-eight hours the changes to the electoral list. For three days from this display, claims can be made against the registration or radiation so pronounced. The Executive Director shall act within forty-eight hours. After these deadlines, the voters list is closed.



Article 4 As part of the consultation provided for in Article 1 of this Decision, may stand for election unions of officials fulfilling the conditions in 1 and 2 of Article 14 of the law of 11 January 1984 referred to above.

If none of these trade union organizations present nomination or if the number of voters recorded by émargements worn on the electoral list, is less than half the staff required to vote, it is organized in accordance with Articles 1 to 3 above, a second ballot in which any union officials may participate. The date of this poll is fixed as provided in the third paragraph of I of Article 11a of the Decree of 28 May 1982 referred to above.



Article 5 as the first, if applicable, the second ballot, nomination papers must reach the NMC Executive Director at least five weeks before the date of the consultation.
These application forms may be accompanied by a profession of faith and must mention the name of a delegate, authorized to represent the union in all elections.
The nomination papers are being handed a receipt to the delegate.

Article 6

Applications that meet the requirements of Articles 4 and 5 of this Decision are posted in the premises of the institution in the two days following the date of submission of applications Closing. This period is suspended for the unions that are the subject of the procedure under Section II of Article 11 bis of the Decree of 28 May 1982 referred to above.



Article 7 is hereby established a polling station with the Executive Director of the NMC. The polling station shall decide on disputes arising during elections, says the number of voters and proceed with vote counting and announcement of results.

Article 8

The poll has a president and a secretary appointed by the Executive Director of the Centre and a representative of each union involved.

Article 9

The elections are held publicly in the premises and during working hours.
Voting is by secret ballot, on initials. The ballots and envelopes are established by the administration of CNG, according to models defined by him.



Article 10 Voting can take place by correspondence, under the following conditions:
The ballots and the necessary envelopes are sent to agents at least ten days before the date set for the elections.
The voter inserts the ballot into a first envelope (envelope called No. 1). This envelope shall not bear any mention or distinctive sign. It inserts the envelope, which can not be sealed in a second envelope (envelope called No. 2) on which should include its full name and signature. This cover must is placed in a sealed envelope third (known envelope 3) it by mail address to the polling station or to file, against receipt, to the Secretariat of the Executive Director, at the latest until the polling opening hour. The envelope 3, sent by post must reach the polling station before the poll closing time.



Article 11 After the voting, the polling shall add the votes by correspondence. Envelopes # 3 and # 2 envelopes are opened. As the opening of the envelopes 2, the voters list is initialed and envelope No. 1 filed, without being open in the ballot box containing the votes of workers who voted directly to the ballot box.
Are set apart and are appended to the minutes:
- Envelopes inconsistent with the models set by the administration;
- Envelopes No. 3 sent by mail, received after the closing of the poll time or those submitted to the secretariat of the General Manager after polling opening hour;
- Envelopes # 2 of which do not include the name and signature of the voter or on which the name is illegible;
- Envelopes 2 multiple received under the signature of the same agent;
- Envelopes No. 1 received a multiple number in the same housing No. 2
The names of electors from which these envelopes is not ticked off on the electoral list. Also aside, unopened, from envelopes of voters who took part directly in the vote. In such cases, voting by mail is not considered.
The poll establishes a record of census operations postal votes. Are attached to these minutes envelopes that have been put aside unopened.

Votes received after the above planned census are sent to interested parties with details of the date and time of receipt.

Article 12

The poll found the number of voters from the voter list.
If the number of voters is less than half the number of registered voters, there is no process to count the votes and a second round is organized in accordance with Articles 4 and 5 of this decision.
If the number of voters is at least half the number of registered voters, the polling station shall count the votes.



Article 13 When the counting of votes, are not counted in the votes cast blank ballots, ballots in the ballot box without an envelope, the ballots crossed out, torn, bearing signs of recognition or content in envelopes bearing such signs, multiple ballots in one envelope and designating different unions, envelopes and ballots not comply with the models approved by the administration of the center.



Article 14 The polling station records all votes are being carried on the trade unions involved. It determines the electoral quotient by dividing the total number of valid votes, respectively, the number of holders of staff representatives in the central joint technical committee and the number of holders of staff representatives on the health and safety committee .
Each trade union is being presented at the consultation of entitlement, in each of these two committees, to as many seats as employee representatives that the number of votes cast for it contains both the corresponding electoral quotient. Holders representatives remaining seats are optionally allocate following the rule of the highest average. Each union has a number of seats as alternate representatives equal to the seats of representatives obtained.
The poll establishes the minutes of the elections which are worn the number of voters, the number of voters, the number of valid votes, the number of blank and spoiled votes and the number of votes obtained by each organization union involved. The ballots and envelopes declared blank or spoiled and challenged ballots are attached to the minutes, after being initialed or countersigned by the officers indicating for each of the causes of cancellation and the decision taken. These documents are kept by the executive director of the center. A copy of the minutes is sent to each delegate list.
The poll proclaims, without delay, the results of the consultation are published on posters by the general director of the center.



Article 15 Without prejudice to the eighth paragraph of Article 14 of the Law of 11 January 1984 referred to above, disputes the validity of the staff consultation are brought within three days after the results were announced, before the Director General of the NMC, which shall decide within two days.



Article 16 Upon expiry of the periods provided for in Article 15, a decision of the Director General of NMC determines, based on the results of the consultation, the unions asked to be represented in the Joint Technical Committee central and hygiene and safety committee of the CNG, as well as the number of seats they are entitled to in these two committees. Within fifteen days of notification of the decision to list their representative, the trade unions are considered to achieve the NMC Director General the names of persons they appoint as members and alternates in both instances.



Article 17 This Decision shall be published in the Official Journal of the French Republic.


Done in Paris on 10 October 2007. D
. Toupillier

Related Laws