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 public service, including Article 11, second paragraph, and Article 11 bis;
In view of the amended Decree No. 97-156 of 19 February 1997 on the organization of the decentralized services of ocean affairs;
Having regard to the decision of 29 January 2002 on the organization of the Directorate of Maritime Affairs and Seafarers;
Having regard to the decision of 4 December 1995 on the terms and conditions of correspondence for the election of staff representatives to the Joint Administrative Committees of the Maritime Affairs Corps;
In view of the decision of 13 March 1998 establishing technical committees for the regional directors of ocean affairs,
Stop:
A consultation of the personnel of the decuncated services of marine affairs is organized under the conditions set out in article 11, second paragraph, and in article 11 bis of the above-mentioned decree of 28 May 1982, in order to determine the trade union organisations called to be represented in the technical committees of paritaires with the regional directors of ocean affairs (DRAM) of Le Havre, Rennes, Nantes, Bordeaux, Marseille and Fort-de-France (DRAM decree of 1997).
The date of the consultation is Thursday, October 24, 2002.
The electors shall be the public servants and officers performing their duties in the territorial division of the service to which the technical committee is formed, as well as the National School of the Merchant Navy attached, and the high school(s) marine professionals attached to that service and belonging to the following categories:
- incumbent officials, excluding agents in a position of availability or parental leave;
- staff seconded or made available;
- interns;
- non-public law officers employed by the service and with an indefinite or temporary appointment for a minimum period of six months, excluding staff on parental leave or on leave without pay.
The list of electors was arrested on 4 October 2002 by the Regional Director of Maritime Affairs, to which the Technical Committee is placed.
It is posted at least fifteen days before the date fixed for the consultation at the headquarters of the Regional Directorates of Maritime Affairs of Le Havre, Rennes, Nantes, Bordeaux, Marseille and Fort-de-France.
Within eight days of posting, electors can verify registrations 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.
The Regional Director of Maritime Affairs to whom the Joint Technical Committee is placed shall decide promptly on the claims.
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 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.
The second ballot is 14 November 2002.
For the first ballot, nominations must be received by the Regional Director of Maritime Affairs no later than 24 September 2002.
Such nominations may be accompanied by a profession of faith and must mention the name of a delegate, authorized to represent the trade union organization in all electoral operations.
Nominations are the subject of a receipt to the delegate. Pursuant to the provisions of Article 11 bis of the decree of 28 May 1982 referred to above, if a second ballot is organized, the nominations must be filed under the same conditions by 28 October 2002.
Applications that meet the conditions set out in Articles 4 and 5 of this Order are posted as soon as possible at the headquarters of the Regional Directorate for Maritime Affairs of Le Havre, Rennes, Nantes, Bordeaux, Marseille and Fort-de-France.
A polling station is established with the head of the service to which the technical committee is placed. This polling station proceeds with the counting and the proclamation of the results.
In the event of the counting of the ballot, the ballot shall be carried out, except in particular circumstances, within a period not exceeding two working days from the date of the ballot.
The voting office includes a chair and secretary designated by the head of service concerned and a delegate by trade union organization authorized to attend the consultation.
Electoral operations are conducted publicly in the workplace and during service hours.
The vote takes place by secret ballot on an acronym and in envelope, with ballots and envelopes prepared by the administration according to a model.
The vote shall be taken exclusively by correspondence under the following conditions:
The necessary ballots and envelopes shall be transmitted to the interested parties at least eight frank days before the date fixed for the elections. The elector inserts his ballot in a first envelope (named envelope 1). This envelope, of a model established by the administration, shall not bear any distinctive mention or sign. It inserts this previously cached envelope in a second envelope (this envelope n° 2), on which must include its name, name, assignment and signature and the mention "TPR staff consultation".
This fold is also placed in a third envelope (known as envelope 3), which it addresses by post at the polling station established at the headquarters of the Regional Directorate for Maritime Affairs of Le Havre, Rennes, Nantes, Bordeaux, Marseille and Fort-de-France. Envelope No. 3 must arrive at the polling station before the polling closing hour, set at 12 hours.
At the end of the poll, the polling station conducts the census of votes. The envelopes No. 3, and the envelopes No. 2 are open. As the envelopes opened no. 2, the list of electors is demarcated and envelope no. 1 deposited, without being opened, in the urn.
Excepted, without being open, and are annexed to the minutes the envelopes No. 3 reached after the closing time of the ballot, the multiple envelopes No. 2 reached under the signature of the same agent, the envelopes No. 1 reached in multiple numbers under the same envelope No. 2 and envelopes No. 1 bearing a distinctive mention or sign. The name of the voters whose envelopes emanate is not on the list of electors.
The votes reached after the closing time of the poll are returned to the interested parties with the date and time of receipt.
The polling station sees the number of votes from the starting list.
If the number of voters is equal to or greater than half of the number of registered electors, the polling station shall proceed without delay to count the ballot.
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.
A record of counting operations is prepared, to which ballots are annexed as null.
The polling station counts all the votes having taken place on the trade union organisations in the presence, the calculation of their 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.
It sets out the minutes of the electoral operations by bringing 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 voting office shall forthwith proclaim the results of the consultation.
Without prejudice to the provisions set out in the eighth paragraph of Article 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 from the proclamation of the results, to the regional directors of the marine affairs concerned, and, where appropriate, to the administrative jurisdiction.
In view of the results of the consultation, a decree by the Minister of Equipment, Transport, Housing, Tourism and the Sea determines the trade union organisations called to be represented on the regional technical committee for maritime affairs of Le Havre, Rennes, Nantes, Bordeaux, Marseille and Fort-de-France as well as the number of seats to which they are entitled.
The Director of Maritime Affairs and Seafarers and the Regional Directors of Maritime Affairs of Le Havre, Rennes, Nantes, Bordeaux, Marseille and Fort-de-France are responsible, each with regard to it, for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done in Paris, 30 July 2002.
Minister of Equipment, Transportation,
housing, tourism and the sea,
For the Minister and by delegation:
The Director of Maritime Affairs
and sea people,
C. Serradji
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
