Key Benefits:
Minister of Economy, Finance and Employment,
Vu la Act No. 83-634 of 13 July 1983 amendments to the rights and obligations of civil servants, together with Act No. 84-16 of 11 January 1984 amended with statutory provisions relating to the public service of the State;
Vu le Decree No. 82-452 of 28 May 1982 modified on technical committees of parity;
In view of the decision of 18 February 2008 establishing the special technical committee with the head of the Industrial Studies and Statistics Department,
Stop it!
The purpose of this Order is to determine the modalities of the consultation of staff in the department of industrial studies and statistics of the general management of enterprises, in order to determine the representativeness of trade union organizations that will be required to designate their representatives to the special technical committee of that service.
The date of the election is set by an order of the Minister of Economy, Finance and Employment.
Electors are incumbent and non-responsive state agents within the education and industrial statistics department. Interns, students and contractors or individual contractors recruited for a period of less than or equal to three months are excluded from the list of electors.
The quality of electors is appreciated on polling day.
May act of application, for the consultation referred to in Article 1 of this Order, trade union organizations referred to in fourth paragraph of Article 14 of the Act of 11 January 1984 referred to above.
If no organization presents or if the number of votes is less than half of the staff called to vote, a second ballot shall be held to which any employee organization may participate. The dates of this new election are fixed by order of the Minister of Economy, Finance and Employment.
Trade union organizations wishing to participate in the consultation must apply to the head of the Industrial Studies and Statistics Department.
Nominations must be filed against receipt or received by registered letter with acknowledgement of receipt at least six weeks before the date of the election. They must mention the name of the agent(s) authorized to represent the trade union organization in all electoral operations.
If a second ballot is required, the nominations must be filed under the same conditions.
The list of applications selected by the administration is posted within two days of the closing of the nominations in the two voting sections provided for in Article 5.
A central polling station is established at the headquarters of the Industrial Studies and Statistics Department in Montreuil. For electoral operations, voters are divided into two voting sections, one at the headquarters of the Industrial Studies and Statistics Department in Montreuil and the other at the statistical survey centre in Caen. The list of electors called to vote in each section is stopped by the Chief of Service.
The central polling station includes a delegate from each of the lists of candidates in attendance. It is chaired by the Chief of Service or its representative. It also includes a secretary designated by the president among the officers at the headquarters of the Industrial Studies and Statistics Department in Montreuil. The President and the Secretary shall be chosen, unless it is impossible, outside the officers on the lists of candidates or designated to represent the lists.
Deputies may also be designated by the representatives of the lists of candidates in attendance. The number is set by the Chairman of the polling station. Except as agreed by the representatives of the lists of candidates, each of them shall designate an equal number of deputy returning officers.
The voting section is composed of the chief of service, or its representative, to whom it is placed, and to the extent possible, of a representative of each list in attendance. The Chief of Service or his representative shall preside over the voting section.
The vote takes place on a secret ballot, on an acronym and under an envelope.
The vote is made directly to the ballot box or by correspondence under the conditions set out in Article 9.
The proxy vote is not allowed.
Election start and end times are set by the Chief of Service and posted to electors.
During the consultation, each elector is invited to indicate the trade union organization by which he intends to be represented on the special parity technical committee of the study and industrial statistics department. Each elector can vote only for an official union organization candidate. There shall be no mention or any distinguishing sign on the envelope or ballot.
Only ballots and envelopes provided by the administration may be used for the election.
All officers in the education and industrial statistics department who are electors are entitled to vote by mail.
However, these officers retain the right to vote directly at the urn in the voting section to which they are attached.
The list of electors is stopped by the head of the Industrial Studies and Statistics Department.
It is posted on the premises of the two voting sections at least fifteen days before the date of the vote. At the same time, the Chief of Service shall notify electors of the conditions under which they may vote.
Electors may verify their registration on the list and make any claims to the head of the Industrial Studies and Statistics department or its representative within eight days of posting. The head of the Industrial Studies and Statistics Department or his representative shall promptly decide on these claims.
The vote by correspondence is as follows:
The elector inserts his ballot in a first envelope (named envelope 1). This envelope shall not include any mention other than that fixed by the administration or any distinguishing sign. The elector then places this envelope number 1 in a second envelope (named envelope number 2), which he hides, and on which he applies his signature and bears his name and first names, grade and assignment. This envelope number 2 is placed in a third envelope that it hides and on which it is indicated the address of the central polling station of the study and industrial statistics department.
Voters shall send their vote by post or administrative means to the Central Voting Office of the Studies and Industrial Statistics Department. Envelope No. 3 must arrive at the central polling station before the polling closing time.
As soon as the voting closes, each polling division finds the number of votes cast on the list of electors.
The section of Caen transmits to the central polling station the contents of the urn under covert fold and coated with the signature of the members of the voting section. The first copy of the minutes will be placed in the envelope containing the votes and the second stapled outside it.
The counting of the poll is carried out by the central polling station.
The central polling station conducts the census of the votes by correspondence, under the following conditions:
1. The envelopes n° 3 and the envelopes n° 2 are open.
As envelopes No. 2, the list of electors is started and envelope No. 1 containing the ballot paper is filed, without being opened, in the ballot box containing the votes of the agents who voted directly at the headquarters of the central polling station, i.e. in the voting section of Montreuil.
2. Are apart, without being open:
― envelopes No. 3 reached at the central polling station after the closing time of the poll;
― envelopes No. 2 on which the name and signature of the voter is not included, or on which the name is illegible;
– multiple envelopes reached under the signature of the same agent;
- envelopes 2 containing a ballot without envelope 1;
- 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 who emanate from these folds is not on the list of electors.
Apart from, without being open, the envelopes from electors who took part in the vote directly. In such a case, the correspondence vote is not taken into account.
3. Correspondence votes reached at the central polling station after the census referred to in paragraph 1 above are referred to the voters with the date and time of their receipt.
The central polling station notes the number of voters from the beginnings on both electoral lists. If the number of voters is equal to or greater than 50 per cent of registered electors, the count shall be counted.
The votes cast under the following conditions shall be considered null and void:
- ballots not in accordance with the model provided;
- the ballots found without envelope;
- the ballots that have been ratted, torn or have signs of recognition;
• Multiple bulletins concerning different trade union organizations.
It is considered validly expressed and counts for a single vote multiple ballots concerning the same trade union organization.
A record of the operations defined in paragraphs 1 and 2 of this article shall be prepared by the voting office responsible for the counting. The envelopes which have been set aside without opening pursuant to paragraph 2 of this article shall be annexed to this report.
At the end of the counts, the central polling station proclaims the results of the consultation.
Without prejudice to provisions of the sixth paragraph of Article 14 of the Act of 11 January 1984 referred to above, disputes over the validity of electoral transactions shall be brought within five days of the proclamation of the results to the Minister of Economy, Finance and Employment and, where appropriate, to the administrative jurisdiction.
Based on the results of the consultation, the Minister of Economy, Finance and Employment determines by an order the list of trade union organizations to be represented on the special parity technical committee of the Industrial Studies and Statistics Service and the number of seats to which they are entitled.
The decision of 21 March 2001 setting out the modalities for consultation with organized personnel to determine the representativeness of trade union organizations to designate representatives to the special parity technical committee of the Caen Statistical Survey Centre is repealed.
The Director of Personnel and the Adaptation of the Professional Environment, the Director General of Business and the Head of the Studies and Industrial Statistics Service are responsible, each with respect to him, for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done in Paris, February 18, 2008.
For the Minister and by delegation:
The Director of Personnel and Adaptation
professional environment,
J.-F. Verdier
