Key Benefits:
The Minister of Youth, National Education and Research and the Minister of Public Service, State Reform and Land Management,
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 11 and 11 bis;
Having regard to the Order of 12 May 1972 establishing the Technical Committee of the National Office for Information on Teaching and Occupations,
Stop:
When, pursuant to Article 11, second paragraph, of the above-mentioned Decree of 28 May 1982, a consultation is held with the staff of the National Information Office on Lessons and Professions (ONISEP) to determine the representativeness of the trade union organizations called to designate staff representatives in the establishment's parity technical committee, the date of this consultation is set by the Director of the ONISEP.
Are electors:
- incumbent personnel or trainees in an activity position performing their duties in the NISEP's services, as well as officers from another department who are seconded or placed on duty at the NISEP, other than those who are seconded or made available to another administration;
- non-responsive agents employed in the NISEP for a continuous activity period of more than one year and in office for at least three months at the date of the consultation.
The list of electors is stopped by the director of the NISEP. It is posted at least 15 days before the date set for the consultation.
Within eleven days of posting, electors can verify registrations and, where applicable, submit applications for registration. At the same time, claims may be made against registrations or omissions on the list of electors.
The Director of the NISEP shall promptly decide on the claims.
The trade union organizations 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.
This second ballot comes at a date fixed by decision of the director of the NISEP.
For the first ballot, nominations must be sent to the Director of the NISEP no later than a date fixed by decision of the Director of the NISEP.
These nominations must mention the name of a delegate authorized to represent the trade union organization in all electoral operations and may be accompanied by a profession of faith.
Nominations are the subject of a receipt to the delegate.
If a second ballot is organized, the nominations must be made under the same conditions, by a date fixed by decision of the Director of the NISEP.
Applications that meet the conditions set out in sections 4 and 5 of this Order are posted on a date fixed by decision of the Director of the NISEP.
A central polling station is established with the Director of the NISEP, whose president and secretary are appointed by the Director of the NISEP.
Each trade union organization participating in the consultation may designate a delegate within this voting office.
The polling station shall decide on disputes that may arise in the course of the electoral process, determine the number of voters, proceed with the counting and prepare a record of the results of the consultation.
Electoral operations are conducted publicly in the workplace and during service hours.
The vote takes place by secret ballot, on acronym, and under envelope. The ballots and envelopes are prepared by the administration according to a model.
In the NISEP regional delegations, the vote takes place exclusively by correspondence.
ONISEP Central Service Officers may vote either by correspondence or at the central polling station.
The ballots and the necessary envelopes shall be transmitted to the concerned ten frank days at least before the scheduled date of the vote.
The elector inserts his ballot in a first envelope (named envelope 1). This envelope, of a model fixed by the administration, shall not bear any distinctive mention or sign. It inserts this envelope previously cached in a second envelope (this envelope n° 2) on which its names, names, assignments and signatures must appear. This fold is also placed in a third envelope (this envelope n° 3) that it addresses by mail to the polling station it depends on.
Envelope No. 3 must reach the polling station by the day of the poll and before the closing time of the poll.
At the end of the poll, the polling station conducts the identification of votes by correspondence under the following conditions:
- envelopes No. 3, and envelopes No. 2 are open;
- as envelopes are opened No. 2, the electoral list is started and envelope No. 1 is filed in the urn.
Are apart, without being open:
- Envelopes No. 3 arrived at the polling station after the closing time of the poll;
- envelopes No. 2 not signed or not containing the name of the elector or on which this mention is illegible;
- the multiple envelopes reached in the same envelope No. 3 under the signature of the same elector;
- envelopes No. 1 bearing a distinctive mention or sign;
- the envelopes No. 1 reached in multiple numbers under the same envelope No. 2;
- the envelopes from electors who took part directly in the vote. In such a case, the correspondence vote is not taken into account.
Except:
- the ballots found in envelope No. 3 without envelope No. 1 or No. 2;
- the bulletins found in envelope No. 2 without envelope No. 1.
At the end of the census of all votes, the polling station finds the number of votes from the voters list.
If the number of voters is less than half of the number of staff called to vote, it is not proceeded to count the vote and a second ballot is held under the conditions set out in sections 4 and 5 of this Order.
If the number of votes is equal to or greater than half of the number of personnel called to vote, the counting of the ballot shall be carried out under the conditions set out in section 12.
The polling station proceeds to count all votes.
Are considered null and are not recorded in validly expressed votes:
- white papers;
- ballots not conforming to the model type;
- ballots with overloads, rats or torn;
- multiple ballots found in the same envelope, concerning different trade union organizations.
It is considered validly expressed and counts for a single vote the multiple ballots found in the same envelope, concerning the same trade union organization.
The polling station shall prepare a record of the consultation stating:
- the number of registered electors;
- the number of voters;
- the number of valid votes cast;
- the number of votes void;
- the total number of votes obtained by each trade union organization.
The minutes are signed by the president, secretary and delegates of trade union organizations present at the time of the count.
The envelopes that have been deviated without being open, the separate ballots and the votes considered null are annexed to the minutes.
Correspondence votes reached at the polling station after the poll closing hour are returned to the interested parties with the date and time of receipt.
The polling station determines the electoral quota by dividing the total number of valid votes cast by the number of staff representatives in the NISEP Central Joint Technical Committee.
Each trade union organization having presented itself to the staff consultation is entitled to as many seats as representatives holding the staff as the number of votes it collects from times 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 then be assigned a number of seats of alternate representatives equal to that of the seats of incumbent representatives obtained by that organization under the preceding paragraph.
Without prejudice to the provisions set out in the eighth paragraph of section 14 of the Act of 11 January 1984 referred to above, the disputes over the validity of the consultation of staff shall be brought within five days from the proclamation of the results to the Minister of Youth, National Education and Research and, where applicable, to the competent administrative jurisdiction.
Based on the results of the consultation, an Order of the Minister of Youth, National Education and Research sets out the list of trade union organizations authorized to designate representatives to the NPRIP's Central Joint Technical Committee and sets the number of seats of holders and alternates assigned to each of them.
The order provides for the appointment of staff representatives.
The Director of the National Office for Information on Teaching and Occupations is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done in Paris, January 23, 2003.
The Minister of Youth,
national education and research,
For the Minister and by delegation:
The Director of Financial Affairs,
Mr. Dellacasagrande
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
