Advanced Search

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$40 per month.

Information on this text




JORF n°239 of 14 October 2007
text No. 22



Decision of October 10, 2007 setting out the terms and conditions for a staff consultation to determine the representativeness of trade union organizations to be represented at the Central Joint Technical Committee and the Health and Safety Committee of the National Hospital Practitioners and Hospitaller Public Service Management Centre

NOR: SJSN0721931S ELI: https://www.legifrance.gouv.fr/eli/decision/2007/10/10/SJSN0721931S/jo/texte


The Director General of the National Centre for the Management of Hospital Practitioners and Management and Hospitaller Public Service,
Considering Act No. 83-634 of 13 July 1983 on the rights and obligations of civil servants, together with 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 light of Decree No. 2007-704 of 4 May 2007 on the organization and operation of the National Centre for the Management of Hospital Practitioners and Management Personnel of the Hospital Public Service and amending the Public Health Code (regulatory provisions);
Having regard to the decision of 7 May 2007 appointing the Director General of the National Centre for the Management of Hospital Practitioners and Management of the Hospital Public Service;
Having regard to the decision of July 3, 2007, establishing and constituting a central technical committee with the Director General of the National Centre for the Management of Hospital Practitioners and Hospitaller Public Service Management;
In view of the Order of July 3, 2007, establishing and constituting the Hygiene and Safety Committee of the National Hospital Practitioners and Hospitaller Public Service Management Centre,
Decides:

Article 1


A consultation with the staff of the National Centre for Hospital Practitioners and Management Personnel of the Public Hospitaller Service (CNG) is organized to determine the trade union organizations to be represented in the Joint Technical Committee and the NSERC Hygiene and Safety Committee.
The election is organized according to a schedule established by the NSERC Executive Director and posted clans the settlement premises at least seven weeks before the election date. The same notice specifies the hours of opening and closing of the ballot.

Article 2


Are electors:
- staff members who have been detached from or made available to NSERC, excluding staff members in parental leave, parental leave or termination leave;
- contractual public law officers employed by NSERC recruited for a minimum period of six months and whose presence in the services of the centre is at least seventy hours per month, excluding parental leave, parental leave or leave without pay.
The quality of the elector is appreciated on the closing date of the list of electors.

Article 3


The list of electors is stopped by the Director General of NSERC and is posted on the premises of the establishment at least four weeks before the election date.
Within eight days of posting, electors can verify registrations and, where applicable, submit applications for registration or claims against registration. At the expiry of this period, the Director General shall post within 48 hours the amendments to the list of electors. For three days from this display, claims may be made against the registration or delisting so pronounced. The Executive Director ruled within 48 hours. After these deadlines, the list of electors is closed.

Article 4


As part of the consultation provided for in Article 1 of this decision, the trade union organizations of civil servants who meet the conditions set out in 1 and 2 of Article 14 of the Act of 11 January 1984 referred to above may be contested.
If none of these trade union organizations submit a nomination or if the number of voters, as determined by the election list, is less than half of the staff to vote, a second ballot shall be held, under the conditions provided for in sections 1 to 3 above, to which any employee union organization may participate. The date of this ballot shall be determined in accordance with the terms set out in the third paragraph of Article 11 bis of the decree of 28 May 1982 referred to above.

Article 5


First, as, if any, in the second ballot, nominations must be sent to the Director General of NSERC at least five weeks before the date of the consultation.
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 delegate.

Article 6


Nominations that meet the requirements set out in sections 4 and 5 of this decision are posted on the premises of the establishment within two days of the closing date of application. This period is suspended for trade union organizations which are the subject of the procedure provided for in Article 11 bis II of the aforementioned Decree of 28 May 1982.

Article 7


A polling station is established with the Director General of NSERC. The polling station shall decide on disputes that may arise in the course of the electoral process, the number of voters and the counting of the ballot and the proclamation of the results.

Article 8


The voting office includes a chair and secretary appointed by the centre's general manager and a delegate from each trade union organization in attendance.

Article 9


Electoral operations are conducted publicly, in the workplace and during service hours.
The vote takes place on a secret ballot, on an eagle. The ballots and envelopes are prepared by the NSERC administration, according to the models set by it.

Article 10


The vote may be taken by correspondence, under the following conditions:
The necessary ballots and envelopes shall be transmitted to officers at least ten days before the date fixed for the elections.
The elector inserts his ballot in a first envelope (named envelope 1). This envelope shall not be marked or marked separately. It inserts this envelope, which may not be cached, in a second envelope (this envelope n° 2) on which its name, first name and signature must be included. This obligatoryly stamped fold is placed in a third envelope (this envelope n° 3) that it addresses by mail to the polling station or that it deposits, against receipt, to the secretariat of the Director General, no later than the opening time of the poll. Envelope No. 3, sent by post, must arrive at the polling station before the polling time.

Article 11


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 and annexed to the minutes:
- envelopes not in conformity with the models fixed by the administration;
- the envelopes No. 3 forwarded by the station, reached after the closing time of the ballot or those deposited at the secretariat of the Director General after the opening hour of the ballot;
- 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;
- 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.
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.

Article 12


The polling station sees the number of votes from the starting list.
If the number of voters is less than half the number of registered electors, the counting of the ballot is not carried out and a second ballot shall be held under the conditions set out in sections 4 and 5 of this decision.
If the number of voters is at least half the number of registered electors, the polling station shall proceed with the counting of the ballot.

Article 13


During the counting of the ballot, the ballots found in the ballot box are not recorded in the validly expressed ballots, the ballots found in the ballot box without envelope, the ballots closed, torn, bearing signs of recognition or contained in envelopes bearing such signs, the multiple ballots contained in the same envelope and denoting different trade union organizations, the envelopes and ballots not conforming to the models fixed by the administration of the poll.

Article 14


The polling station counts all the votes that have focused on the trade union organisations in attendance. It determines the electoral quotients by dividing the total number of valid votes, respectively by the number of staff representatives in the central technical committee and by the number of staff representatives in the hygiene and security committee.
Each union organization having presented itself to the staff consultation is entitled, in each of these two committees, to as many seats as representatives holding the staff as the number of votes collected by it contains the corresponding electoral quota. The seats of any incumbent representatives remaining to be allocated are in accordance with the highest average rule. Each trade union organization has a number of seats of alternate representatives equal to that of the seats of incumbent representatives thus obtained.
The polling station shall prepare a record of the electoral transactions on which the number of electors, the number of voters, the number of valid votes cast, the number of blank and zero votes and the number of votes obtained by each trade union organization in the presence. The ballots and envelopes declared white or void and the ballots contested are annexed to the minutes, after being signed or countersigned by the members of the office with an indication, for each, of the causes of cancellation and the decision taken. These documents are retained by the Centre's Executive Director. A copy of the minutes is sent to each list delegate.
The polling station shall forthwith proclaim the results of the consultation that are published by posting by the centre's general manager.

Article 15


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 staff consultation shall be brought, within three days of the proclamation of the results, to the Director General of NSERC, who shall rule within two days.

Article 16


Upon the expiry of the deadlines set out in section 15, a decision by the Director General of NSERC, taking into account the results of the consultation, determines the trade union organizations to be represented on the Central Joint Technical Committee and on the NSERC Hygiene and Safety Committee, as well as the number of seats to which they are entitled in both committees. Within fifteen days of the notification of this decision to their list delegate, the trade union organizations concerned shall send to the Director General of NSERC the names of the persons they designate as incumbent and alternate members in these two bodies.

Article 17


This decision will be published in the Official Journal of the French Republic.


Done in Paris, October 10, 2007.


D. Toupillier


Download the document in RTF (weight < 1MB) Extrait du Journal officiel électronique authentifié (format: pdf, weight : 0.32 Mo) Download the document in RDF (format: rdf, weight < 1 MB)