Key Benefits:
Minister of Public Service and Minister of Culture and Communications,
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, including articles 14 and 16;
Having regard to amended Decree No. 82-452 of 28 May 1982 on the technical committees of parity, including article 11;
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;
Considering the decision of 8 February 1999 establishing the National Committee for Social Action of the Ministry of Culture and Communication;
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 the provisions of the second paragraph of Article 11 of Decree No. 82-452 of 28 May 1982 referred to above, a general consultation of the staff of the Ministry of Culture and Communication 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 Joint Technical Committees of the Ministry of Culture and Communication pursuant to Article 8 of Decree No. 82-452 of 28 May 1982 referred to above;
- the number of seats that may be allocated to them in the hygiene and safety committees of the Ministry of Culture and Communication under Article 40 of Decree No. 82-453 of 28 May 1982 referred to above;
- the number of seats to be allocated to them in the National Social Action Committee of the Ministry of Culture;
- special authorizations of absence and quotas of discharge of service activity pursuant to articles 14 and 16 of Decree No. 82-447 of 28 May 1982 referred to above.
The consultation is organized at the level of each of the Joint Technical Committees, the list of which is set out in the above-mentioned decision of 14 November 2003, which is the framework of the election.
The vote is only by correspondence. The voting deadline is Tuesday, 16 January 2007, at 5 p.m. The envelopes sent by electors will have to reach the address on these envelopes before this hour.
The two preceding paragraphs do not apply to the Public Institution for the Mastery of Cultural Works (EPMOTC) and the National Institute for Preventive Archaeological Research (INRAP).
For each parity technical committee, officers are electors in one of the following situations on the closing date of the lists of electors:
- officials, holders and interns, in a position of activity in a department under the authority of the Ministry of Culture and Communications or in an administrative public institution under its guardianship or parental leave, and officials made available or seconded in the services of the Ministry of Culture and Communication or in public administrative institutions under its supervision where the elections are held; public servants assigned to a territorial community: in departmental archival services and classified municipal libraries;
- non-public and private law officers in the departments of the Ministry of Culture and Communications or in public administrative institutions under its guardianship, parental or progressive retirement, excluding staff recruited for a period equal to or less than 10 months;
- non-registrants performing teaching duties must justify a weekly duration of not less than 3 hours on average and 9 months of seniority on the closing date of the electoral lists.
The electoral lists are closed on 2 November 2006. A list of electors is established for each technical committee by the authority to which it is placed.
The list of electors is posted at least three weeks before the date of the vote.
Within eight days of posting, electors can verify their registration 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 with the authority, having established the list, which shall decide without delay.
For each parity technical committee, the trade union organizations referred to in the fourth paragraph of Article 14 of the Act of 11 January 1984 referred to in Article 1 of this Order may present themselves to the election consultation provided for in Article 1 of this Order.
If none of these organizations presents or if the number of voters is less than half the number of registered voters, a second ballot shall be held in which any employee organization may participate. The date of this ballot shall be determined by order of the Minister of Culture and Communication.
The organizations file their application with the head of the general administration of the Ministry of Culture and Communication for each Joint Technical Committee.
For the first round of elections, applications must be sent to the Ministry of Culture and Communications, Directorate of General Administration (Personal and Social Affairs Service, Suite 4069), 182, rue Saint-Honoré, 75001 Paris, by registered letter with acknowledgement of receipt, or to be filed at the same address no later than 27 October 2006, before 12 hours.
They may be accompanied by a profession of faith (four pages format A 4 maximum) and give rise to the issue of a receipt to the list delegate.
Nominations must include the name of the officer(s) authorized to represent the trade union organization in all electoral operations.
Nominations for elections for which a second round is required must be filed under the same conditions on a date to be fixed later by order of the Minister of Culture and Communication.
The Chief of Service to which the Joint Technical Committee is placed shall decide on the admissibility of applications. Nominations that meet the requirements of Article 5 of this Order are posted on 27 October 2006, at 6 p.m.
When the administration finds that the application does not meet the conditions set out in the third and fourth paragraphs of Article 14 of amended Act No. 84-16 of 11 January 1984 relating to statutory provisions relating to the public service of the State, it shall give delegates a reasoned decision declaring the application inadmissible. This decision shall be delivered no later than three days after the deadline for submission of applications.
A polling station shall be established for each of the technical committees, the chair of which shall be the authority to which the technical committee is placed, 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 polling station decides on possible difficulties in the electoral process. It conducts the counting of the ballot and the proclamation of the results. He's setting up a defect report.
The correspondence vote is carried out on a sigle.
The necessary ballots and envelopes as well as the professions of faith shall be drawn up according to a model, at the expense of the administration and transmitted to the interested parties at least fifteen frank days before the date of the election.
The terms of the correspondence vote are as follows:
The elector inserts his ballot in the envelope "Envelope 1", which he hides. This envelope, from the model established by the administration, shall not bear any mention or any distinguishing sign.
It then places this envelope in a large envelope called "Envelope 2" with the mention "election to the technical committee of parity (name of the service or institution concerned and address)"; it also hides it, puts its signature on it and bears its names and names, grade and assignment.
The elector addresses envelope No. 2, by post, to the address on the address. This envelope must be sent to the polling station prior to the closing time.
The reception and the census of votes are carried out as follows:
The polling station responsible for the counting of votes shall, at the end of the poll, conduct the census of votes. As the opening of envelopes No. 2 bearing the signature and name of the voters, the list of electors is started and envelope No. 1 deposited in the ballot box without being opened.
Excepted without being open and annexed to the minutes:
- Envelopes No. 2 reached the polling station after the closing time of the poll;
- 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 bearing a distinctive mention or sign;
- the envelopes number 1 reached in multiple numbers under the same envelope number 2.
The slipped ballots are removed directly into envelope No. 2.
The name of the voters whose envelopes emanate is not on the list of electors.
When counting votes, are not considered validly expressed under the following conditions:
- white papers;
- ballots not conforming to the model type;
- ballots with overloads, rats or any other distinctive sign;
- the multiple ballots contained in the same envelope and denoting different trade union organizations;
- ballots found in the urn without envelope or in non-regulatory envelopes.
It is considered validly expressed and counts for a single vote the multiple ballots found in the same envelope, from the same trade union organization.
The polling station determines the electoral quota by dividing the total number of valid votes cast by the number of staff representatives to be elected in the relevant technical committee.
Each trade union organization having presented itself has the right to as many seats as representatives holding the staff as the number of votes collected by it sometimes contains the electoral quota. The seats of any incumbent representatives remaining to be filled shall be allocated according to the highest average rule.
Each trade union organization shall be assigned a number of seats of alternate representatives equal to that of the incumbent representatives obtained by the application of the preceding paragraph.
Without prejudice to the provisions of the eighth paragraph of Article 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 before the authority to which the technical parity committee is established, and then, where applicable, before the administrative court.
In the light of the results of the consultations, the Minister of Culture and Communications shall, by order, determine the trade union organizations capable of appointing staff representatives to the ministerial technical committee and to the central, regional and special technical committees, as well as the number of seats of incumbents and alternates assigned to them.
This Order sets the deadline before which trade union organizations are called to designate their incumbent and alternate representatives.
The Director of General Administration of the Ministry of Culture and Communications is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done in Paris, October 24, 2006.
Minister of Culture
and communication,
For the Minister and by delegation:
Chief of Staff
and Social Affairs,
O. Christmas
The Minister of Public Service,
For the Minister and by delegation:
Deputy Director,
A. Wagner
