Key Benefits:
The Minister of Equipment, Transport, Housing, Tourism and the Sea and the Minister of Public Service, State Reform and Land Management,
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 article 11 (second paragraph);
Having regard to the amended decision of 21 December 1982 establishing special or local technical committees in the Civil Aviation Branch,
Stop:
A consultation of personnel in the airbase services listed below is organized, pursuant to Article 11, second paragraph, of the above-mentioned Decree of 28 May 1982, in order to determine the trade union organizations to be represented in each of the relevant technical committees, respectively, to:
- Airbase service;
- the central administration of the airbase service;
- the technical service of the air bases;
- the special service of the air bases of Ile-de-France;
- the special service of the South-East air bases;
- the special service of the South-West Air Bases;
The date of this consultation is 8 January 2004.
Public servants and non-public law officers are eligible for election in the service.
The list of electors is stopped by each of the heads of the services referred to in section 1 and posted at least three weeks before the date for the consultation.
Within 10 days of this display, claims against registrations or omissions on the list of electors may be made.
The chief of the service shall promptly decide on the claims.
The trade union organizations of civil servants referred to in the fourth paragraph of Article 14 of Act No. 84-16 of 11 January 1984 referred to above may be present at the consultation provided for in Article 1 of this Order.
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.
If the number of voters is less than half of the number of personnel called to vote, the first ballot will not be counted.
The date of the second ballot is 18 March 2004.
For each parity technical committee, trade union organizations wishing to attend the staff consultation must notify the committee in writing to each head of service referred to in section 1, no later than November 27, 2003, at 3 p.m.
The candidate trade union organizations that meet the conditions set out in Article 4 of this Order will be informed by the administration on 28 November 2003.
For each special technical committee, a central voting office is established. For the special parity technical committee of the Air Base Service, a special polling station is established in each of the following services:
- central administration of the airbase service;
- Technical service of air bases;
- special service of the bases of Ile-de-France;
- special service of the South West Air Bases;
- Special airbase service in the southeast.
Each polling station is composed of a president, chief of service or his representative, as well as a secretary designated by the president. Each trade union organization presenting itself to the staff consultation may designate a representative in that voting office.
The central polling station sees the number of votes from the starting list. If the number of electors is equal to or greater than half of the number of electors registered, it shall proceed without delay to count the ballot and to declare the results.
The special polling stations count the number of voters from the start-up list and promptly transmit the results to the central voting office of the airbase service.
Electoral operations are conducted publicly, in the workplace and during service hours.
The vote takes place in the urn, by secret ballot on acronym and under envelope.
However, officers who do not perform their duties in the locality of the service's headquarters, sick leave, long-term leave, sick leave or other regularly authorized absence positions are allowed to vote by correspondence.
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 date of the elections, interested officials are notified of their registration on this list and of the conditions under which they may vote. The necessary ballots and envelopes shall be transmitted to them at least eight frank days before the date fixed for the elections by the head of each service referred to in Article 6.
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 for necessity of service.
The correspondence vote is as follows:
The elector inserts his ballot in a first envelope (named envelope 1) that he hides. This envelope of the model fixed by the head of the airbase service shall not be marked or marked separately.
He then puts this envelope in a second envelope (named envelope 2) that he hides and on which his name, first name, assignment, signature and mentions: "consultation of the service staff...".
This fold is placed in a third envelope (also known as envelope No. 3), which is mailed to the headquarters of the service referred to in Article 6 of which it depends, where it must arrive before the ballot is closed.
Receiving and enumerating correspondence votes is carried out under the following conditions:
(a) Immediately after the close of the ballot, the head of each polling station shall conduct the census of the votes collected by correspondence.
The envelopes No. 3, and the envelopes No. 2 are open.
As envelopes 2 are opened, the list of electors is started and envelope 1 is filed, without being opened, in the ballot box containing the votes of the agents who voted directly at the polling station;
(b) 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 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;
(c) The polling station shall prepare a record of the census of correspondence votes. Are annexed to this report the envelopes that have been set aside without being open;
(d) Correspondence votes arrived after the close of the ballot are returned to the interested parties with the date and time of their receipt.
When the ballot count is not recorded in validly expressed votes, and are considered null, the ballots found in the ballot box without envelopes, the ballot papers ratted, torn or bearing signs of recognition, the multiple ballots contained in the same envelope and naming different trade union organizations.
White ballots are also not recorded in valid votes.
A report of the counting operations is prepared to which the ballots considered null are annexed.
The central polling station counts all the votes having taken place on the trade union organisations in attendance.
It sets out the general record of the electoral transactions 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.
The separate envelopes are annexed to this report without being open and invalid ballots.
The central polling station determines the electoral quota by dividing the total number of valid votes cast by the number of staff representatives in each technical committee of the services concerned.
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.
Each trade union organization shall be assigned a number of alternate representative seats equal to that of the incumbent representative seats obtained by that organization in accordance with the provisions of the preceding paragraph.
Within fifteen days of the announcement of the results of the staff consultation, each trade union organization shall notify the heads of the services referred to in Article 6 of the name of the representatives appointed to occupy the seats of a member and an alternate member who have been assigned to it after the operations described in the preceding three paragraphs.
Without prejudice to the provisions set out in the eighth paragraph of section 14 of Act 84-16 of 11 January 1984, the disputes over the validity of the staff consultation shall be brought, within five days of the proclamation of the results, to the head of service to which the CTP is established and, where appropriate, to the administrative jurisdiction.
The Order of December 19, 2000 concerning the consultation of personnel in airbase services is repealed.
The head of the Human Resources Department of the General Directorate of Civil Aviation and the heads of the services referred to in Article 1 are responsible, each with respect to it, for the execution of this Order, to be published in the Official Journal of the French Republic.
Done in Paris, November 14, 2003.
Minister of Equipment, Transportation,
housing, tourism and the sea,
For the Minister and by delegation:
By preventing the director
staff and services:
Deputy Director,
Y. Ferry-Delétang
The Minister of Public Service,
of State Reform
and landscaping,
For the Minister and by delegation:
By preventing the Director General
Administration and Public Service:
The Deputy Director,
Y. Knight
