Key Benefits:
The president of the Autorité de la concurrence,
Vu la Act No. 83-634 of 13 July 1983 amended to ensure the rights and obligations of civil servants;
Vu la Act No. 84-16 of 11 January 1984 amended with statutory provisions relating to the public service of the State;
Vu le Decree No. 86-83 of 17 January 1986 amended with respect to the general provisions applicable to non-State officials, taken for the purposes of Article 7 of the amended Act of 11 January 1984, which contains statutory provisions relating to the public service of the State;
Having regard to the opinion of the Technical Joint Committee of 23 March 2009;
On the proposal of the president of the Autorité de la concurrence,
Decides:
It is established with the president of the Autorité de la concurrence a competent parity advisory board with respect to incumbents on contract and contract agents of the Autorité de la concurrence.
Composition
The commission is composed of an equal number of representatives of the administration and staff representatives:
― administration representatives: two incumbent members and two alternate members;
staff representatives: two incumbent members and two alternate members, designated under the conditions set out in section 7 below.
Members of the parity advisory board are appointed for a period of three years. Their mandate can be renewed.
The term of office may be reduced or extended, in the interest of the service, by a decision of the president of the Autorité de la concurrence. These reductions or extensions may not exceed one year.
Upon the renewal of the commission, the new members shall take office on the date on which the term of office of the members to whom they succeed is terminated.
Representatives of the administration, incumbent and alternate members, who cease the functions for which they have been appointed, shall be replaced under the conditions set out in Article 6 below.
The President may, by decision, terminate the mandate of a representative of the administration of the Autorité de la concurrence.
The replacement of staff representatives, incumbent and alternate members, who are unable to perform their duties, shall be carried out under the conditions set out in Article 7 below.
Designation of representatives
Representatives of the administration, holders and alternates, shall be appointed by decision of the President of the Autorité de la concurrence.
Staff representatives, holders and alternates, shall be appointed freely by representative trade union organizations, depending on the outcome of the elections.
It is up to the President of the Autorité de la concurrence to establish, in view of the results of the election, the list of organizations capable of appointing representatives and setting the number of seats of holders and alternates allocated to each of them.
The voting method is that of representation proportional to the highest average.
If a number of trade union organizations receive the same number of votes, the one that will be deemed to have the highest average shall be designated by lot under the conditions set out in the decision of 1 February 2002, as amended by the decision of 23 April 2002, setting out the modalities for consultation with organized staff to determine the representativeness of trade union organizations to designate representatives to the technical committee of the Conseil de la concurrence.
It's an eagle poll. The candidate for election is the union organization itself.
Cannotations be made to representative trade union organizations. Are considered representative trade union organizations regularly affiliated with a union of trade unions meeting the conditions defined in theArticle 9 bis of the Act of 13 July 1983 referred to above and trade union organizations satisfactory, in the framework of the election, provisions of Article L. 2121-1 of the Labour Code.
The list of applications selected by the administration is posted as soon as possible at the voting office.
Nominations must be submitted to the Autorité de la concurrence at least three weeks before the date of the election. He is accused of receiving these acts. They must mention the name of the agent(s) authorized to represent the trade union organization in all electoral operations.
When several trade union organizations affiliated to the same union have submitted competing applications for the same consultation, the administration shall, within a period of three frank days, inform the person responsible for each of the organizations, as of the deadline for the submission of applications. They then have a period of three free days to make the necessary changes or withdrawals.
If, after the expiration of the latter period, these amendments or withdrawals have not taken place, the president of the Autorité de la concurrence shall inform, within a period of three frank days, the union of the trade unions whose organisations claim. It then has a period of five frank days to indicate to the president of the Autorité de la concurrence, by registered letter with request for a notice of receipt, the organization that may avail itself of membership in the union.
In the absence of these indications, trade union organizations that have submitted competing applications cannot benefit from the provisions of the first paragraph of theArticle 14 of the Law of 11 January 1984.
If no representative organization has made an application, or if the number of voters, as noted by the elections on the list, is less than half of the number of personnel called to vote, it is not proceeded with the counting of the ballot and a new ballot is organized.
This new election shall take place within a period of not more than 10 weeks from the date of submission of nominations, when no representative trade union organization has nominated, i.e. the date of the first ballot when participation in the election has been below the rate set out in the preceding article. For the second ballot, any trade union organization may apply.
Nominations shall be filed under the conditions set out in article 10 referred to above.
All incumbents on contract and contract agents who perform their duties within the Autorité de la concurrence are eligible to be elected as follows:
– justifying a contract in progress, on polling day, for a minimum of six months;
∙ be, on the date of the election, on or after at least one month, on paid leave, on parental leave or on unpaid leave provided for by theArticle 21 of Decree No. 86-83 of 17 January 1986.
The quality of electors is appreciated on polling day.
The list of electors is prepared by the president of the Autorité de la concurrence.
It is posted at the polling station at least fifteen days before the date of the poll. Mention is made on this list of agents called to vote by correspondence.
Electors may verify their registration on the list and make any claim to the President of the Authority or his or her representative within eight days of posting. The Panel shall promptly decide on these claims.
The vote shall take place under the terms and conditions set out in the decision of 1 February 2002, as amended by the decision of 23 April 2002, setting out the terms and conditions for the consultation of staff in order to determine the representativeness of trade union organizations to designate representatives to the technical committee of the Conseil de la concurrence.
Disputes on the validity of electoral transactions are brought, within five days of the proclamation of the results, to the President of the Autorité de la concurrence, and, where appropriate, to the administrative jurisdiction.
Jurisdiction
The parity advisory board is obligatoryly consulted on:
- individual termination decisions acting after the trial period;
– disciplinary sanctions other than warning and blame.
In addition, the Commission may be seized by the Chairperson or upon written request signed by at least half of the staff representatives of all individual matters relating to the professional situation of the contracted incumbents and contractual agents.
With respect to agents holding other jurisdictions, seconded to the Autorité de la concurrence on employment as a contractual agent, the parity advisory board is competent for any individual matters relating to their professional situation in their employment as a secondment, with the exception of disciplinary sanctions.
Operation
The Joint Advisory Panel is chaired by the President of the Autorité de la concurrence or its alternate.
The Commission shall develop its rules of procedure, which shall be subject to the approval of its Chair.
The Commission's secretariat is provided by a representative of the administration, who may not be a member.
A staff representative shall be appointed by the Commission within the Commission to serve as Deputy Secretary.
A report is prepared after each session. It is signed by the president and countersigned by the secretary and deputy secretary and transmitted within one month to the members of the commission.
This report is approved at the next meeting.
The Joint Advisory Committee shall meet at least once a year on the convocation of its Chair, on its initiative or, within the maximum of two months, upon written request of at least half of the staff representatives.
Alternates may attend the meetings of the committee without being able to participate in the proceedings. They only have a deliberate voice when they are summoned in the absence of the incumbents they replace.
The Chair may convene experts at the request of the administration or at the request of staff representatives to be heard on an agenda item.
Experts can only attend the portion of the debate, excluding the vote, on the issues for which their presence was requested.
The Commission shall issue a notice to the majority of the members present. If the vote is taken, the vote shall be taken by hand, possibly in the absence of the officer whose situation is the subject of the vote. Agreed. However, at the request of one of the members holding the commission, the vote shall be held by secret ballot.
In the event of a vote sharing, the notice is deemed to have been given or the proposal made.
The parity advisory board meetings are not public.
All facilities must be provided to the parity advisory board by the administration to enable it to fulfill its responsibilities.
In addition, the communication must be given to it of all documents and documents necessary to carry out its mission at least eight days before the date of the session.
A leave of absence is granted to staff representatives to allow them to attend the meetings of the commission on a simple presentation of their convocation. The duration of this authorization shall be calculated taking into account the time limits, the expected duration of the meeting and increased by a time equal to that time in order to ensure the preparation and reporting of the work of the commission.
The members of the commission and the experts are subject to the obligation of professional discretion with respect to all the facts and documents they have been aware of as a result of their duties in the commission.
The commission shall deliberate only on the condition that it observe the rules of constitution and operation enacted by the Act of 11 January 1984 referred to above and by this decision and the rules of procedure of the Commission provided for in the second paragraph of Article 21 of this decision.
In addition, at least three quarters of its members must be present at the opening of the meeting. When this quorum is not reached, a new summons is sent within eight days to the members of the commission, who then sits validly if half of its members are present.
After advice from the technical committee, the commission may be dissolved in the form provided for in its constitution. It is then done, within two months, and according to the ordinary procedure, to establish a new commission.
Members of the commission do not receive any compensation as a result of their duties in the commission.
When the commission is called upon to decide on a disciplinary penalty or termination, it ensures that the officer concerned has been able to take note of his file at least eight days prior to the meeting, that he has been informed of the possibility of being heard by the commission, being assisted or represented by a defender of his choice and requesting the hearing of witnesses or experts.
Even if the interested party did not use any possibilities offered to him or if he did not refer to the summons that was sent to him to appear before the commission, the commission shall sit validly.
When the Board is to decide on disciplinary matters, only staff representatives in a level of employment at least equal to that of the officer whose file is examined, as well as an equal number of representatives of the administration, are required to deliberate.
The President of the Autorité de la concurrence is responsible for the execution of this decision, which will be published in the Official Journal of the French Republic.
Done in Paris, April 1, 2009.
B. Lasserre
