Decree Of December 18, 2009, Organizing A Referendum To The Ministry Of Culture

Original Language Title: Arrêté du 18 décembre 2009 organisant une consultation électorale au ministère chargé de la culture

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JORF n ° 0003 text no. 35, January 5, 2010 order of December 18, 2009, organizing a referendum to the Ministry responsible for culture NOR: MCCB0928774A ELI: https://www.legifrance.gouv.fr/eli/arrete/2009/12/18/MCCB0928774A/jo/texte the Minister of culture and communication, having regard to Act No. 83-634 of 13 July 1983, amended on the rights and obligations of civil servants together amended Act No. 84-16 of 11 January 1984 on the statutory provisions on the public service of the State;
Having regard to Decree No. 82-447 of 28 May 1982 concerning the exercise of trade union rights, and in particular articles 14 and 16.
Having regard to Decree No. 82-452 of 28 May 1982 amended on the joint technical committees, and in particular article 11 thereof;
Having regard to Decree No. 82-453 of 28 May 1982, amended concerning hygiene and safety of work as well as to medical prevention in the public service, and in particular articles 40 and 41;
Considering the Decree of 8 February 1999 establishing the national Committee for social action of the Ministry of culture and communication;
Considering the Decree of 18 December 2009 establishing the joint technical committees of the Ministry of culture;
Considering the Decree of 18 December 2009 establishing committees for occupational health and safety of the Ministry of culture, stop: Article 1 more on this article...

Pursuant to the provisions of the second paragraph of article 11 of the Decree of 28 May 1982 amended on the joint technical committees, it is organized a general consultation of the personnel of the Ministry of culture and communication.
This consultation is intended to assess the representativeness of trade union organizations to determine: ― the number of seats to which they are entitled in the joint technical committees of the Ministry of culture and communication under article 8 of the Decree of 28 May 1982 amended relating to the joint technical committees referred to above;
― the number of seats that can be given within the hygiene and safety of the Ministry of culture and communication committees pursuant to article 40 of the Decree of 28 May 1982 as amended relating to hygiene and safety of the above-mentioned work as well as medical prevention in the public service;
― lack special permissions and quotas of discharge from active service in application of articles 14 and 16 of the Decree of 28 May 1982 concerning the exercise of the above-mentioned right to organise;
― the number of seats that can be given in the national Committee for social action of the Ministry of culture.


Article 2 more on this article...

The consultation is organized at the level of each of the joint technical committees, whose list is fixed by the Decree of 18 December 2009 establishing the joint technical committees of the Ministry of culture, which provide the framework for the election.
The vote takes place only by correspondence. The date deadline for voting is Thursday, April 1, 2010, at 17.00. The envelopes sent by the voters must be sent to the address on the envelopes before that date.


Article 3 read more on this article...

For each technical Committee joint, electors agents in one of the following situations at the date of closing of the lists of electors are: ― officials, holders and trainees, in the position of activity in a service falling within the authority of the Ministry of culture or in a public institution administratively placed under guardianship or parental leave and officials available or posted in the services of the Ministry of culture or in public institutions administrative nature under its guardianship where are organized the elections; officials of the State affected in a collectivity: in the departmental archives and public libraries classified;
― servants without tenure of public law and private law in function in the services of the Ministry of culture or in administrative establishments placed under his guardianship, parental leave or phased retirement, justifying to the date of closing of the lists of electors of a higher seniority accumulated in ten months over the twelve months preceding the closing of lists;
― non-incumbent officers performing functions of teaching must justify a period of 96 hours for the twelve months preceding the closing of the lists.


Article 4 more on this article...

The lists of electors shall be adopted on January 29, 2010. A list of voters is established for each joint technical Committee by the authority with which it is placed.
The voters list is displayed at least three weeks before the election date.
In the ten days following the display, electors may check their registration and, where appropriate, to submit the application.
Within the same period, and for five days from its expiry, claims may be made against the entries or omissions on the electoral list with the authority, having established the list, which shall rule without delay.


Article 5 read more on this article...

For each joint technical Committee may attend the electoral consultation provided for in article 1 of the present arrested trade union organizations referred to in the fourth paragraph of article 14 of the aforementioned law of January 11, 1984.
If none of these organizations does, or if the number of voters is less than half the number of registered voters, a second round of balloting is organized in which any trade union organization may participate. The date of this election is fixed by order of the Minister responsible for culture.


Article 6 read more on this article...

Organizations filing nomination papers with the administration of the Ministry of culture responsible for the Organization of elections for each joint technical Committee.
For the first round of the elections, nominations must be received by the Ministry of culture (general secretariat of the Department culture, bureau of statutory expertise and social dialogue, exhibit 4069), 182, rue Saint-Honoré, 75001 Paris, by letter registered with acknowledgement of receipt, or filed at the same address no later than February 15, 2010, 12 noon.
They can be accompanied by a profession of faith (four pages format A4 maximum) and give rise to the issue of a receipt to the delegate list.
Applications must mention the name of the officials authorized to represent the trade union organization in all electoral operations.
Their nomination papers for the polls where a second round is required must be deposited in the same conditions at a date to be fixed later by order of the Minister responsible for culture.
Head of Department from whom is placed joint technical Committee decides on the admissibility of the nominations submitted. Candidatures which fulfil the conditions laid down in article 5 of this order are posted February 15, 2010, at 5 pm.
Where the authority finds that the application does not meet the conditions laid down by the third and fourth paragraphs of article 14 of the aforementioned law of January 11, 1984, she gives delegates a reasoned decision declaring the application inadmissible. This decision must be given no later than three days after the date limit for submission of the applications.


Article 7 read more on this article...

It shall be established for each of the technical committees joint one or several polling stations whose president is the authority with which the Joint Technical Committee is placed, or its representative.
The president of the polling station appoints a Secretary. Each organization Union candidate may appoint a representative and an alternate in this polling station. Poll to decide on the possible difficulties affecting the electoral process. He proceeded to the counting of the ballots and the announcement of the results. He established a record of counting.


Article 8 more on this article...

Postal voting is done on acronym.
The ballots and envelopes required as well as professions of faith are established according to a template, at the expense of administration and transmitted to interested parties at least fifteen clear days before the date of the election.
Postal voting arrangements are the following: the elector inserts her ballot in the so-called envelope No. 1 that it secretly. This envelope, the model set by the administration, should bear no mention nor any distinctive sign.
He then place this envelope in a large so-called envelope envelope No. 2 with the words: ' election to the Joint Technical Committee of (service name or institution concerned and address) "; He also cache, affix to the front his signature and bears its name and assignment.
Finally the elector place envelope No. 2 in an envelope No. 3 and address, by post, to the address shown on it. On the back of this last is carried the words: "do not enter anything. This envelope must reach at the polling station before the close of the poll time laid down in article 2.


Article 9 read more on this article...

The reception and the addition of votes are as follows: polling to proceed with the counting of the ballots shall, at the election's outcome, in the Census of the votes.

As the opening of no. 3 envelopes, envelope No. 2 bearing the signature and the name of the voters are extracted to proceed to the signature of the electoral list. Then, the envelope No. 2 is open and envelope No. 1 deposited in the ballot box unopened.
Are set apart without being open: ― the No. 3 envelopes received at the polling station after the hour of closing of the poll.
― the No. 2 on which envelopes are not the name and the signature of the voter or on which the name is illegible;
― the No. 2 envelopes received under the signature of an agent;
― No.1 envelopes bearing a mention or a distinguishing guise;
― the No. 1 envelopes received in multiple numbers under the same envelope No. 2.
Strayed dragged newsletters directly in the No. 2 envelope and envelope No. 3.
During the counting of the votes, are not considered as valid votes as follows: ― the blank ballots.
― non-conforming to the specimen ballots type;
― ballots with overloads, erasures or any other distinctive sign;
― multiple ballots contained in the same envelope and designating different trade union organizations;
― ballots found in the ballot box without enclosure or in non-regulatory envelopes.
Are considered as validly cast and count for a single vote multiple ballots found in the same envelope, from one trade union organization.


Article 10 more on this article...

Polling station determines the electoral quotient by dividing the total number of votes validly cast by the number of representatives of staff to elect in the joint technical committee concerned.
Each trade union organization is being presented is entitled to as many seats of representatives of staff that the number of votes cast for it contains both the electoral quotient. Representative seats holder possibly remaining are divided according to the highest-average rule.
It is attributed to each trade union organization a number of alternate representatives seats equal to that of the incumbent representatives obtained by application of the preceding paragraph.


Article 11 read more on this article...

Without prejudice to the provisions of paragraph 8 of article 14 of the Act of 11 January 1984 above, disputes on the validity of the electoral operations are brought within a period of five days from the announcement of the results to the authority from which is created the Joint Technical Committee, then, if necessary, before the administrative court.


Article 12 read more on this article...

Taking into account the results of the consultations, the Minister of culture determines by order the trade unions able to designate representatives of staff in the Ministerial Joint Technical Committee and technical committees joint central, regional and special as well as the number of seats of incumbents and alternates allocated to them.
This order fixes the date limit before which the trade unions are expected to appoint their representatives and their alternates.


Article 13 read more on this article...

The Secretary general of the Ministry of culture and communication is responsible for the execution of this order, which will be published in the Official Journal of the French Republic.


Done at Paris, December 18, 2009.
For the Minister and by delegation: the Secretary-General, G. Boudy

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