Key Benefits:
The Minister of Equipment, Transport, Housing, Tourism and the Sea and the Minister of Public Service, State Reform and Land Management,
Having regard to the amended Act No. 83-634 of 13 July 1983 on the rights and obligations of civil servants;
Having regard to Act No. 84-16 of 11 January 1984 amended with statutory provisions relating to the public service of the State;
Having regard to amended Decree No. 82-452 of 28 May 1982 on the technical committees of the State civil service, in particular Article 11, second paragraph;
Having regard to the decision of 31 May 1983 establishing the special parity technical committee for inspection of the work and labour of transport;
In view of the decision of 6 February 1984 establishing a Central Joint Technical Committee at the Public Institution of the National Habitat Improvement Agency;
Having regard to the decision of 23 March 1984 on the establishment of technical parity committees in external services;
In view of the decree of 10 May 1994 establishing a central technical committee at the National School of Bridges and Roads;
Having regard to the amended decision of 12 September 1997 establishing technical committees for the central administration and the deconcentrated services of the Ministry of Equipment, Transport and Housing;
In view of the Decree of 24 July 1998 establishing the technical committee of the central lab of bridges and pavements,
Stop:
A consultation of the staff of the branches and services listed below is organized under the conditions set out in section 11, second paragraph, of the above-mentioned Decree of 28 May 1982 in order to determine the trade union organizations to be represented in the technical committees of paritaires and the number of seats allocated to each of them:
Directorate of Financial Affairs and General Administration;
Personnel, Services and Modernization Directorate;
Earth Transport Directorate;
Direction générale de l'urbanisme, de l'habitat et de la construction ;
Research and Scientific and Technical Affairs Directorate;
Road direction;
Directorate of Road Safety and Traffic;
Directorate of Economic and International Affairs;
Directorate of Maritime Transport, Ports and Lands;
Directorate of Maritime Affairs and Seafarers;
Information and Communication Service;
Centre for Studies on Networks, Transport, Urban Planning and Public Construction;
Technical service for mechanical lifts and guided transport;
Regional Directorates of Equipment with the exception of DREIF;
Interregional vocational training centres: Aix-en-Provence, Arras, Clermont-Ferrand, Mâcon, Nancy, Nantes, Paris, Rouen, Toulouse and Tours;
Equipment Directorate of Saint-Pierre-et-Miquelon;
Mayotte Equipment Directorate;
Maritime services and navigation of the Gironde, Languedoc-Roussillon, Nantes;
Marine services of Bouches-du-Rhône, the ports of Boulogne-sur-Mer and Calais, the North, the Seine-Maritime;
National School of Public Works of the State;
National School of Equipment Technicians (Aix-en-Provence and Valenciennes)
National School of Bridges and Roadways;
Educational Evaluation, Documentation and Innovation Centre;
Tunnel Study Centre;
National Emergency Bridge Centre;
Central laboratory of bridges and pavements;
Inspection of transport work;
National Agency for Habitat Improvement.
The date of this consultation is 8 January 2004.
The public servants shall be elected according to each direction or service to which the technical unit committee referred to in section 1 above shall be constituted. Also electors are non-public or private law officers who have at least six months of continuous service presence on the date of election or who have, on that date, a contract of more than ten months and who have completed a continuous period of at least three months.
The list of electors is stopped by the Director or Chief of Service and posted at least three weeks before the date for the consultation. Claims must be made no later than 10 days before that date.
During the consultation, each elector is invited to indicate the trade union organization by which he intends to be represented on the parity technical committee.
The trade union organizations of civil servants referred to in the fourth paragraph of Article 14 of the Act 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 representative trade union organizations has made an application or if the number of voters, as determined by the demarcation on the list of electors, is less than half of the number of personnel called to vote, a second ballot shall be taken to which any employee union 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.
This second ballot is scheduled for March 18, 2004, if no trade union organization has nominated, or if participation has been below the rate set above.
Trade union organizations representing the personnel referred to in section 2 above and wishing to attend the staff consultation must notify the Director or Chief of Service in writing by November 27, 2003, at 4 p.m.
Candidate trade union organizations that meet the conditions set out in Articles 3 and 4 of this Order will be informed by the Administration on 9 December 2003, at 4 p.m., of the admissibility of their list.
It shall be established at the headquarters of each direction or service referred to in Article 1 above a polling station of which the chair is the director or chief of service, or their representative.
The President of the polling station designates a secretary. Each union organization presenting itself to the staff consultation may delegate a representative to the polling station.
The polling station decides on the difficulties that arise in the electoral process.
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 management or service headquarters, sick leave, long-term sick leave, long-term leave, sick leave or any other position of absence that is regularly authorized, are allowed to vote by correspondence.
The correspondence vote is as follows:
(a) The list of officers called to vote by correspondence is annexed to the list of electors arrested by the director or chief of service.
(b) The required ballots and envelopes shall be transmitted by the Director or Chief of Service to interested parties at least eight frank days before the date fixed for the consultation.
(c) The deadlines set out in paragraph (b) of the present article do not apply to officers prevented from taking part in the direct vote as a result of service requirements.
(d) The elector inserts his ballot in a first envelope (named envelope 1), which he hides. This envelope, from the model established by the Director or the Chief of Service, shall not be marked or marked separately.
He then places this envelope number 1 in a second envelope (the envelope number 2), which he hides and on which he applies his signature and clearly bears his name, first names, grade, assignment and mention: "consultation of management staff... or service...".
It finally places this envelope no. 2 in a third envelope (known as envelope No. 3), which it hides and on which it indicates the address of the voting section to which it is attached. The breakdown of this envelope is supported by the administration.
(e) If a number of voters are grouped at the headquarters of a service, each person shall give envelope No. 3 to the Chief of Service, which shall address to the Chief of Service to whom the relevant voting sections are placed, in a single and recommended consignment, all the folds that are handed over to him.
If the voter is insulated, he addresses envelope No. 3, by post, to the voting section on which he depends.
Envelope No. 3, whether delivered to the chief of service or mailed by an insulated elector, must arrive at the polling station to which the elector depends before the poll is closed.
Receiving and enumerating correspondence votes is carried out under the following conditions:
(a) Immediately after the close of the poll, the polling station conducts the census of votes collected by correspondence.
The envelopes No. 3, and the 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 at the headquarters of the management or service.
(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) A record of the operations defined in paragraphs (a) and (b) of this article shall be prepared by the polling station. The envelopes which have been separated without opening under paragraph (b) of this article are annexed to the minutes.
(d) Correspondence votes arrived after the close of the ballot are returned to the interested parties with the date and time of their receipt.
The polling station notes the number of votes cast on the electoral list. If the number of votes is greater than or equal to half of the staff called to vote, the polling station shall proceed without delay with the counting of the ballot and the proclamation of the results.
The votes cast under the following conditions shall not be regarded as valid votes:
- white papers;
- ballots not conforming to the model type;
- the torn ballots;
- ballots with overloads, rats or signs of recognition;
- the multiple bulletins contained in an envelope No. 1 concerning different trade union organisations.
It is considered validly expressed and counts for a single vote the multiple ballots contained in envelope No. 1 and concerning 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 seats held by staff representatives.
Each trade union organization having presented itself to the staff consultation is entitled to as many seats as representatives holding staff as the number of votes collected by it contains the electoral quota. The remaining seats are distributed 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 seats of incumbent representatives obtained by that organization in accordance with the provisions of the preceding paragraph.
Within a period of fifteen days from the publication of the Departmental Seating Disposition Order of Staff Representatives between the Trade Union Organizations within the Joint Technical Committee, as provided for in Article 8, paragraph 2, of Decree No. 82-452 on the Joint Technical Committees, each trade union organization shall notify the Director or the Chief of Service of the name of the representatives appointed to occupy the seats of incumbent members and alternate members assigned to him.
Without prejudice to the provisions set out in the eighth paragraph of Article 14 of the Act of 11 January 1984 referred to above, the disputes over the validity of the electoral operations shall be brought within five days from the proclamation of the results to the Director or the Chief of Service and, where applicable, to the administrative jurisdiction.
The Director of Personnel, Services and Modernization and the Directors or Heads of Services listed in Article 1 above shall, in respect of him, be responsible for the execution of this Order, which shall 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 of Personnel,
and modernization:
The chief of duty,
P. Berg
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
