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Decision Of December 7, 2009, Setting The Terms Of A Personal Consultation To Determine The Representativeness Of Trade Union Organizations Called To Be Represented At The Central Joint Technical Committee For The Establishment Of...

Original Language Title: Décision du 7 décembre 2009 fixant les modalités d'une consultation des personnels afin de déterminer la représentativité des organisations syndicales appelées à être représentées au comité technique paritaire central de l'Etablissement d...

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JORF no.0012 of 15 January 2010
text No. 75



Decision of 7 December 2009 setting out the terms and conditions for a staff consultation to determine the representativeness of trade union organizations to be represented on the Central Joint Technical Committee for the Health Emergency Preparedness and Response Facility

NOR: SASR0931867S ELI: https://www.legifrance.gouv.fr/eli/decision/2009/12/7/SASR0931867S/jo/texte


The Director General of Health Emergency Preparedness and Response Facility,
Vu la Act No. 83-634 of 13 July 1983 rights and obligations of civil servants, together with Act No. 84-16 of 11 January 1984 bringing statutory provisions relating to the public service of the State;
Vu le Decree No. 82-452 of 28 May 1982 amended on technical committees of parity, including articles 8, 11 (second paragraph) and 11 bis;
Vu le Decree No. 2007-1273 of 27 August 2007 taken for application of Act No. 2007-294 of 5 March 2007 on the preparation of the health system for large-scale health threats;
Having regard to the decree of 10 October 2008 appointing the Director General of Health Emergency Preparedness and Response Facility;
In view of the decision of 24 June 2009 establishing and constituting a central technical committee with the Director General of the Health Emergency Preparedness and Response Facility,
Decides:

Article 1


A consultation with the staff of the Health Emergency Preparedness and Response Facility (EPRUS) is organized to determine the trade union organizations to be represented in the EPRUS Central Joint Technical Committee.
The election is organized according to a schedule set by the Director General of the EPRUS and posted on the premises of the establishment at least seven weeks before the date of the election. The same notice specifies the hours of opening and closing of the ballot.

Article 2


Are electors:
– staff members who have been detached from or made available to the EPRUS, excluding employees in parental leave, parental leave or termination leave;
- Contractual public law officers employed by the EPRUS recruited for a minimum period of six months and whose presence in the institution's services is at least seventy hours per month, excluding parental leave, parental leave or leave without pay.
The quality of the elector is appreciated on the closing date of the list of electors.

Article 3


The list of electors is stopped by the Director General of the EPRUS and is posted on the premises of the establishment at least four weeks before the date of the election.
Within eight days of posting, electors can verify registrations and, where applicable, submit applications for registration or claims against registration. At the expiry of this period, the Director General shall, within 48 hours, post changes to the list of electors. For three days from this display, claims may be made against the registration or delisting so pronounced. The Director General shall rule within 48 hours. After these deadlines, the list of electors is closed.

Article 4 Learn more about this article...


As part of the consultation provided for in Article 1 of this decision, the trade union organizations of civil servants who meet the conditions set out in 1 and 2 of Article 14 of the Act of 11 January 1984 referred to above may be contested.
If none of these trade union organizations submit a nomination or if the number of voters, as determined by the election list, is less than half of the staff to vote, a second ballot shall be held, under the conditions provided for in sections 1 to 3 above, to which any employee union organization may participate. The date of the election shall be determined in accordance with the procedure provided for in the third paragraph of Article 11 bis of the Decree of 28 May 1982 referred to above.

Article 5


First, as, if any, in the second ballot, nominations must be sent to the Director General of the EPRUS at least five weeks before the date of the consultation.
Such nominations may be accompanied by a profession of faith and must mention the name of a delegate, entitled to represent the trade union organization in all electoral operations.
Nominations are the subject of a receipt to the delegate.

Article 6 Learn more about this article...


Nominations that meet the requirements set out in sections 4 and 5 of this decision are posted on the premises of the establishment within two days of the closing date of application. This period is suspended for trade union organizations that are the subject of the procedure provided for in the II of Article 11 bis of the Decree of 28 May 1982 referred to above.

Article 7


A polling station is established with the Director General. The polling station shall decide on disputes that may arise in the course of the electoral process, the number of voters and the counting of the ballot and the proclamation of the results.

Article 8


The polling station includes a president and secretary appointed by the Director General of the EPRUS and a delegate from each trade union organization in attendance.

Article 9


Electoral operations are conducted publicly, in the workplace and during service hours.
The vote takes place on a secret ballot, on an eagle. The ballots and envelopes are established by the administration of the EPRUS, according to models fixed by it.

Article 10


The vote may be taken by correspondence, under the following conditions:
The necessary ballots and envelopes shall be transmitted to officers at least ten days before the date fixed for the elections.
The elector inserts his ballot in a first envelope (named envelope 1). This envelope shall not be marked or marked separately. It inserts this envelope, which may not be cached, in a second envelope (this envelope n° 2) on which its name, first name and signature must be included. This obligatoryly stamped fold is placed in a third envelope (this envelope n° 3) that it addresses by mail to the polling station or that it deposits, against receipt, to the secretariat of the Director General, no later than the opening time of the poll. Envelope No. 3, sent by post, must arrive at the polling station before the polling time.

Article 11


At the end of the poll, the polling station conducts the census of votes by correspondence. The envelopes No. 3 and the envelopes No. 2 are open. As envelopes 2 are opened, the list of electors is demarcated and envelope 1 filed, without being opened, in the ballot box containing the votes of the agents who voted directly to the ballot box.
Excepted and annexed to the minutes:
- envelopes not in accordance with the models established by the administration;
– Envelopes No. 3 forwarded by the post, reached after the closing time of the ballot or those filed by the Director General's secretariat after the opening hour of the ballot;
― envelopes No. 2 on which the name and signature of the voter or on which the name is illegible;
– multiple envelopes reached under the signature of the same agent;
― envelopes No. 1 reached in multiple numbers under the same envelope No. 2.
The name of the voters whose envelopes emanate is not on the list of electors. Apart from, without being open, the envelopes from electors who took part directly in the vote. In such a case, the correspondence vote is not taken into account.
The polling station shall prepare a record of the census of correspondence votes. The envelopes that have been set aside without being opened are annexed to this report.
The votes reached after the above census are returned to the interested parties with the date and time of receipt.

Article 12


The polling station sees the number of votes from the starting list.
If the number of voters is less than half the number of registered electors, the counting of the ballot is not carried out and a second ballot shall be held under the conditions set out in sections 4 and 5 of this decision.
If the number of voters is at least half the number of registered electors, the polling station shall proceed with the counting of the ballot.

Article 13


During the counting of the ballot, the ballots found in the ballot box are not recorded in the validly expressed ballots, the ballots found in the ballot box without envelope, the ballots ratified, torn, bearing signs of recognition or contained in envelopes bearing such signs, the multiple ballots contained in the same envelope and denoting different trade union organizations, the envelopes and ballots not conforming to the models fixed by the administration of the US.

Article 14


The polling station counts all the votes that have focused on the trade union organisations in attendance. It determines the electoral quotients by dividing the total number of valid votes cast by the number of staff representatives in the Central Joint Technical Committee.
Each trade union organization having presented itself to the staff consultation is entitled, in this committee, to as many seats of staff representatives as the number of votes collected by it contains the corresponding electoral quota. The seats of any incumbent representatives remaining to be allocated are in accordance with the highest average rule. Each trade union organization has a number of seats of alternate representatives equal to that of the seats of incumbent representatives thus obtained.
The polling station shall prepare a record of the electoral transactions on which the number of electors, the number of voters, the number of valid votes cast, the number of blank and zero votes and the number of votes obtained by each trade union organization in the presence. The ballots and envelopes declared white or void and the ballots contested are annexed to the minutes, after being signed or countersigned by the members of the office with an indication, for each, of the causes of cancellation and the decision taken. These documents are retained by the Centre's Executive Director. A copy of the minutes is sent to each list delegate.
The polling station promptly proclaims the results of the consultation, which are published by the Director General of the EPRUS.

Article 15


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 staff consultation shall be brought, within three days of the proclamation of the results, to the Director General of the EPRUS, who shall rule within two days.

Article 16


Upon the expiry of the deadlines set out in section 15, a decision by the Director General of the EPRUS determines, in the light of the results of the consultation, the trade union organizations to be represented on the EPRUS Central Joint Technical Committee, as well as the number of seats to which they are entitled in that committee. Within fifteen days of notification of this decision to their list delegate, the trade union organizations considered shall send to the Director General of the EPRUS the names of the persons they designate as incumbent and alternate members in these two bodies.

Article 17


This decision will be published in the Official Journal of the French Republic.


Done at Saint-Denis - La Plaine, December 7, 2009.


T. Coudert


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