Key Benefits:
Minister of Culture and Communications,
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. 82-447 of 28 May 1982 the exercise of the right to organize, including articles 14 and 16;
Vu le Decree No. 82-452 of 28 May 1982 amended on technical committees of parity, including article 11;
Vu le Decree No. 82-453 of 28 May 1982 amended on occupational health and safety, as well as medical prevention in the public service, including articles 40 and 41;
Considering the decision of 8 February 1999 establishing the National Committee for Social Action of the Ministry of Culture and Communication;
In view of the Order of 18 December 2009 establishing the Joint Technical Committees of the Ministry of Culture;
In view of the Order of 18 December 2009 establishing the Health and Safety Committees of the Ministry of Culture,
Stop it!
Pursuant to the provisions of the second paragraph of Article 11 of the amended Decree of 28 May 1982 on the technical committees of parity, a general consultation of the staff of the Ministry of Culture and Communication is held.
This consultation is intended to assess the representativeness of trade union organizations in order to determine:
- the number of seats to which they are entitled in the Joint Technical Committees of the Ministry of Culture and Communication pursuant to Article 8 of the amended Decree of 28 May 1982 on the above-mentioned technical committees;
- the number of seats that may be allocated to them in the hygiene and safety committees of the Ministry of Culture and Communication pursuant to Article 40 of the amended Decree of 28 May 1982 relating to occupational health and safety and to medical prevention in the public service referred to above;
- special authorizations of absence and quotas of discharges of service activity pursuant to articles 14 and 16 of the decree of May 28, 1982 relating to the exercise of the aforementioned trade union right;
– the number of seats that can be allocated to them in the National Social Action Committee of the Ministry of Culture.
The consultation is organized at the level of each of the Joint Technical Committees, the list of which is determined by the Order of December 18, 2009 establishing the Joint Technical Committees of the Ministry of Culture, which form the framework of the election.
The vote is only by correspondence. The voting deadline is Thursday, 1 April 2010, at 5 p.m. The envelopes sent by the electors will have to reach the address on these envelopes before that date.
For each parity technical committee, officers are electors in one of the following situations on the closing date of the lists of electors:
- officials, holders and interns, in a position of activity in a department under the authority of the Ministry of Culture or in an administrative public institution under its guardianship or parental leave, and officials made available or detached in the services of the Ministry of Culture or in public institutions under its supervision where the elections are held; State officials assigned to a territorial community: in the departmental archival services and classified municipal libraries;
- non-public and private law officers in office in the department of culture or in public administrative institutions under its guardianship, parental leave or progressive retirement, justifying on the closing date of the electoral lists of a higher period of ten months over the twelve months preceding the closure of the lists;
― non-registrants performing teaching duties must justify a duration of 96 hours over the twelve months preceding the closing of the lists.
The electoral lists are closed as at 29 January 2010. A list of electors is established for each technical committee by the authority to which it is placed.
The list of electors is posted at least three weeks before the date of the vote.
Within ten days of posting, electors can verify their registration and, where applicable, submit applications for registration.
Within the same period, and for five days after its expiry, claims may be made against registrations or omissions on the list of electors with the authority, having established the list, which shall decide without delay.
For each parity technical committee, the trade union organizations referred to in the fourth paragraph of Article 14 of the Act of 11 January 1984 referred to in Article 1 of this Order may present themselves to the election consultation provided for in Article 1 of this Order.
If none of these organizations presents or if the number of voters is less than half the number of registered electors, a second ballot shall be held to which any trade union organization may participate. The date of the election shall be determined by order of the Minister for Culture.
Organizations file their application with the department responsible for culture responsible for organizing elections for each technical committee.
For the first round of the elections, applications must be sent to the Ministry of Culture (General Secretariat of the Ministry of Culture, Office of the Status Expertise and Social Dialogue, room 4069), 182 Saint-Honoré Street, 75001 Paris, by registered letter with acknowledgement of receipt, or filed at the same address no later than 15 February 2010, before 12 hours.
They may be accompanied by a profession of faith (maximum four A4 pages) and give rise to the issue of a receipt to the list delegate.
Nominations must include the name of the officer(s) authorized to represent the trade union organization in all electoral operations.
Nominations for elections for which a second round is required must be filed under the same conditions on a date to be fixed later by order of the Minister for Culture.
The Chief of Service to which the Joint Technical Committee is placed shall decide on the admissibility of applications. Nominations that meet the requirements of Article 5 of this Order are posted on 15 February 2010, at 5 p.m.
When the administration finds that the application does not meet the conditions set out in the third and fourth paragraphs of section 14 of the above-mentioned Act of 11 January 1984, it shall give delegates a reasoned decision stating the inadmissibility of the application. This decision shall be delivered no later than three days after the deadline for submission of applications.
It is established for each of the Joint Technical Committees one or more polling stations whose chair is the authority to which the Joint Technical Committee is placed, or its representative.
The President of the polling station designates a secretary. Each candidate trade union organization may designate a representative and an alternate in this voting office. The polling station decides on possible difficulties in the electoral process. It conducts the counting of the ballot and the proclamation of the results. He's setting up a defect report.
The correspondence vote is carried out on a sigle.
The necessary ballots and envelopes as well as the professions of faith shall be drawn up according to a model, at the expense of the administration and transmitted to the interested parties at least fifteen frank days before the date of the election.
The terms of the correspondence vote are as follows:
The elector inserts his ballot in envelope No. 1 that he hides. This envelope, from the model established by the administration, shall not bear any mention or any distinguishing sign.
It then places this envelope in a large envelope known as envelope 2 with the mention: "election to the parity technical committee of (name of the service or institution concerned and address)"; he also hides it, puts it on the front of his signature and bears his names, names and assignments.
Finally the elector places envelope number 2 in an envelope number 3 and the address, by post, to the address shown on it. On the back of the latter is marked: "do not register anything". This envelope must be sent to the polling station before the polling time set out in section 2.
The reception and the census of votes are carried out as follows:
The polling station responsible for the counting of votes shall, at the end of the poll, conduct the census of votes.
As envelopes No. 3 are opened, envelopes No. 2 bearing the signature and name of the voters are extracted to proceed with the demarcation of the electoral list. Then, envelope No. 2 is opened and envelope No. 1 is placed in the urn without being opened.
Are apart without being open:
– Envelopes No. 3 reached the polling station after the polling closing hour;
― envelopes No. 2 on which the name and signature of the voter or on which the name is illegible;
– envelopes No. 2 reached under the signature of the same agent;
- envelopes No. 1 bearing a distinctive mention or sign;
― envelopes No. 1 reached in multiple numbers under the same envelope No. 2.
The slipped ballots are removed directly into envelope No. 2 and envelope No. 3.
When counting votes, are not considered validly expressed under the following conditions:
white ballots;
- ballots not conforming to the model type;
- ballots with overloads, rats or any other distinctive sign;
– the multiple ballots contained in the same envelope and denoting different trade union organizations;
– the ballots found in the urn without envelope or in non-regulatory envelopes.
It is considered validly expressed and counts for a single vote the multiple ballots found in the same envelope, from the same trade union organization.
The polling station determines the electoral quota by dividing the total number of valid votes cast by the number of staff representatives to be elected in the relevant technical committee.
Each trade union organization having presented itself has the right to as many seats as representatives holding the staff as the number of votes collected by it sometimes contains the electoral quota. Any remaining incumbent seats are allocated according to the highest average rule.
Each trade union organization shall be assigned a number of seats of alternate representatives equal to that of the incumbent representatives obtained by the application of the preceding paragraph.
Without prejudice to the provisions of the eighth paragraph of Article 14 of the Act of 11 January 1984 referred to above, the contestations on the validity of the electoral operations shall be brought within five days of the proclamation of the results before the authority to which the technical parity committee is established, and then, where applicable, before the administrative court.
In view of the results of the consultations, the Minister for Culture shall determine by order trade union organizations capable of appointing staff representatives to the ministerial technical committee and to the central, regional and special technical committees, as well as the number of seats of incumbents and alternates assigned to them.
This Order sets the deadline before which trade union organizations are called to designate their incumbent and alternate representatives.
The Secretary General of the Ministry of Culture and Communications is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done in Paris, December 18, 2009.
For the Minister and by delegation:
The Secretary General,
G. Boudy
