Key Benefits:
The Minister of Public Service and the Minister of Youth, Sports and Associative Life,
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 amended Decree No. 82-452 of 28 May 1982 concerning the technical committees of parity, including articles 8, 11 and 11 bis;
In view of Decree No. 2002-1453 of 13 December 2002 establishing the Ministerial Technical Committee for Youth and Sports;
In view of the amended decision of 3 January 1985 establishing a central technical committee established after the director of the National Institute of Sport and Physical Education;
In view of the decrees of 2 May 1990 establishing the central technical committees placed with the director of the National Sailing School, the director of the National Ski and Mountaineering School and the director of the National Riding School;
Having regard to the decision of September 3, 1990 on the establishment of the Central Joint Technical Committee placed with the Director of the National Youth and Popular Education Institute;
In view of the decision of 8 January 2003 on the establishment of central parity technical committees placed with the directors of popular education and sports centres;
Having regard to the Order of 19 March 2003 establishing regional technical committees with regional directors of youth, sports and leisure;
In view of the Order of March 19, 2003, establishing departmental technical committees with departmental directors of youth, sports and leisure of overseas departments;
Having regard to the decision of 21 May 2004 establishing the Central Joint Technical Committee of the Ministry of Youth, Sports and Associative Life;
In view of the decision of 31 August 2006 to establish a central technical committee with the Director General of the National Centre for Sport Development;
In view of the decision of 31 August 2006 to establish a central technical committee with the Director General of the National Sport Museum,
Stop:
A consultation of all the agents in office at the central administration, in the deconcentrated services, in the territorial services and in the public institutions under guardianship of the Minister of Youth, Sports and Associative Life is organized in accordance with articles 8, 11 second and 11 bis of the decree of May 28, 1982 referred to above, in order to determine the trade union organizations called to be represented in the departmental technical committee of youth and
A specific ballot is organized for each parity technical committee.
The dates and practical modalities for the organization of these consultations are specified by instruction of the Minister of Youth, Sports and Associative Life.
All officers in office at the central administration of the Department of Youth, Sports and Associative Life, in the services and facilities referred to in section 1 above, excluding incumbents in position of availability, non-retirement leave officers and those recruited for a period of less than six months.
A list of electors is set for each technical committee, by the Director of Human Resources, Administration and General Coordination of the Ministry of Youth, Sports and Associative Life for the Ministerial Technical Committee on Youth and Sports and the Central Technical Committee of the Ministry of Youth, Sports and Associative Life and by the authority to which the committee is constituted for the other committees.
This list is posted on the premises of the service or institution concerned at least twenty days before the date fixed for the consultation.
Electors may request correction within eleven days of posting.
The director concerned shall decide on these applications within three days of the expiry of this period.
No one may be allowed to vote if he is not on this list.
As part of the consultations provided for in Article 1 of this Order, 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 contested.
If none of these trade union organizations submit an application or if the number of voters recognized by the elections on the list is less than half of the staff called to vote, a second round is held to which any employee organization may participate.
A decree of the Minister of Youth, Sports and Associative Life sets the conditions for the organization of the second round.
The nominations of employee union organizations are received by the Director of Human Resources, Administration and General Coordination of the Ministry of Youth, Sports and Associative Life for the Departmental Joint Technical Committee on Youth and Sports and the Central Joint Technical Committee of the Ministry of Youth, Sports and Associative Life and by the authority to which the committee is constituted for the other committees.
The authorities that receive nominations shall apply the provisions of Article 11 bis of the Decree of 28 May 1982 referred to above.
Nominations of employee union organizations must mention the name of a delegate authorized to represent the trade union organization in all electoral operations.
They give rise to the issue of a receipt to that delegate.
The deadline for submission of applications is set by instruction of the Minister of Youth, Sports and Associative Life within 6 to 8 weeks before the date for consultation.
Applications that meet the requirements set out in articles 4 and 5 of this Order shall be posted on the premises of the services and establishments on the day after the deadline for submission of applications.
When the administration finds that an application does not meet the conditions set out in the third and fourth paragraphs of Article 14 of the Act of 11 January 1984 referred to above, it shall give the list representative a reasoned decision declaring the application inadmissible. This decision shall be delivered no later than the day after the deadline for submission of applications.
Disputes on the admissibility of applications filed shall be brought before the competent administrative tribunal in accordance with the provisions of article 14, paragraph 8, of the law of 11 January 1984 referred to above.
It is established a central voting office with the Director of Human Resources, Administration and General Coordination of the Ministry of Youth, Sports and Associative Life for the Departmental Joint Technical Committee on Youth and Sports and the Central Joint Technical Committee of the Ministry of Youth, Sports and Associative Life, with the heads of Decented Service and the directors of public establishment to whom the committee is constituted for the purpose of the committee.
The voting office established with the Director of Human Resources, Administration and General Coordination of the Ministry of Youth, Sports and Associative Life conducts the identification of votes, counting of votes and the proclamation of the results of the votes for the designation of trade union organizations to be represented on the central technical committee of the Ministry of Youth, Sports and Associative Life.
It proceeds to the aggregation and proclamation of the results of the vote for the determination of trade union organizations to be represented on the ministerial technical committee for youth and sports.
The polling stations established with the deconcentrated chiefs of service and the directors of the public establishment to which the other technical committees are formed conduct the identification of votes, the counting of the ballot and the proclamation of the results of the vote for the determination of the trade union organizations to be represented in these committees.
They carry out the census and, on the instruction of the polling office established with the Director of Human Resources, Administration and General Coordination, that they inform without delay of the partial results, the counting of votes for the determination of the trade union organisations called to be represented on the ministerial technical committee of youth and sports.
The vote for the various ballots may take place in the same place. In this case, any useful arrangements are made to ensure the distinct character of each ballot.
The polling stations shall include a chair and secretary, appointed by the authority referred to in the first paragraph of this article, as well as a delegate of each nomination in attendance.
The vote takes place on a secret ballot, on an acronym and under an envelope.
The voting material includes a set of envelopes, a bulletin for each trade union organization, established by the administration according to a model, and the profession of faith written by each trade union organization.
This voting material is printed and transmitted to electors at the expense of the administration.
During the consultation, each elector is invited to indicate the trade union organization by which he intends to be represented in each parity technical committee for which he is an elector.
Instructions from the Minister of Youth, Sports and Associative Life determine the elections for which the voting operations take place "at the urn" and those for which they are carried out exclusively by correspondence.
Voting operations "in the urn" are conducted publicly, in the workplace and during hours of service.
Correspondence voting is carried out under the following conditions.
The elector inserts his ballot in a first envelope, known as "Envelope No.1", which must not contain any distinguishing mention or sign. The elector slips this envelope, previously cached, in a second envelope, known as "Envelope 2", which must include its name, first names, assignment and signature. This fold, also hidden, is placed in a third envelope, known as envelope No. 3, that the elector addresses to the polling station of which he depends. Envelope No. 3 must reach the president of the polling station before the poll is closed.
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, without being open, and are annexed to the minutes the envelopes No. 3 reached after the closing time of the ballot, envelopes No. 2 on which do not appear the name and signature of the voting, or on which the name is illegible, envelopes No. 2 reached multiple under the signature of the same agent, envelopes No. 1 reached in multiple numbers under the same envelope No. The name of the voters whose envelopes emanate is not on the list of electors.
It is also set aside without opening the envelopes no. 2 from the voters who have already taken part in the ballot. In such a case, the correspondence vote is not taken into account. The polling station shall prepare a record of the census of votes by correspondence. The envelopes that have been set aside without being opened are annexed to this report.
The votes reached after the closing time of the poll are returned to the interested parties with the date and time of receipt.
The date and conduct of the census and counting operations are specified by instruction of the Minister of Youth, Sports and Associative Life.
Before the first ballot is counted, the polling station counts the number of voters.
If the number of voters, for the first ballot, by the demarcation on the list of electors is less than half of the number of personnel called to vote, the first ballot is not counted.
A second ballot shall be held on a date fixed by instruction of the Minister of Youth, Sports and Associative Life.
The polling stations shall produce minutes of the census and counting operations.
During the counting of the ballot, the ballots found in the ballot box are not counted in the valid votes cast, the ballots found in the ballot box without envelope, the ballots ratified, torn or bearing signs of recognition, the multiple ballots contained in the same envelope and denoting different trade union organizations.
The polling stations established with the deconcentrated chiefs of service and the directors of establishment shall, without delay, transmit the polling minutes concerning the departmental technical committee to the polling station established with the Director of Human Resources, Administration and General Coordination, to which ballots are annexed as null.
The polling stations account for all the votes that have taken place on the union organisations in the presence, the calculation of the representativeness is carried out on the basis of the electoral quota and according to the rule of proportional representation with distribution of the remainder to the highest average for the allocation of seats to each of them.
Without prejudice to the application of the provisions 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 five days of the proclamation of the results, to the Director of Human Resources, Administration and General Coordination and, where applicable, to the administrative jurisdiction.
Based on the results, an order by the Minister of Youth, Sports and Associative Life sets out the list of trade union organizations represented on the Joint Technical Committees and the number of seats to which they are entitled.
The order provides a time limit for trade union organizations to appoint staff representatives.
The Director of Human Resources, Administration and General Coordination is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done in Paris, December 5, 2006.
Minister of Youth, Sports
and associative life,
For the Minister and by delegation:
Assistant to the Director
Human Resources, Administration
and General Coordination,
D. Watrin
The Minister of Public Service,
For the Minister and by delegation:
Deputy Director,
A. Wagner
