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Decree Of 17 June 2010 Laying Down Procedures For The Consultation Of Staff To Determine The Representativeness Of Trade Union Organizations Called To Appoint Representatives At The Central Joint Technical Committee Of The O...

Original Language Title: Arrêté du 17 juin 2010 fixant les modalités de la consultation du personnel organisée en vue de déterminer la représentativité des organisations syndicales appelées à désigner des représentants au comité technique paritaire central de l'O...

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JORF n°0158 of 10 July 2010 page 12813
text No. 35



Judgment of 17 June 2010 setting out the modalities of consultation with organized personnel to determine the representativeness of trade union organizations to designate representatives to the Central Joint Technical Committee of the National Veterans and War Victims Office

NOR: DEFM1017449A ELI: https://www.legifrance.gouv.fr/eli/arrete/2010/6/17/DEFM1017449A/jo/texte


The Prefect, Director General of the National Office of Veterans and War Victims,
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 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;
Having regard to the decision of 5 January 1983 establishing a central technical committee at the National Office of Veterans and War Victims, as amended by the decree of 27 December 1984,
Stop it!



I. ∙ General provisions

Article 1 Learn more about this article...


A consultation with the staff of the National Veterans and War Victims Office is organized, under the conditions set out in articles 11 (second paragraph) and 11 bis of the Decree of 28 May 1982in order to determine the trade union organizations to designate staff representatives in the central technical committee of the National Veterans and War Victims Office and the number of seats allocated to each of them.
The date of this consultation is 28 September 2010, from 9 a.m. to 6 p.m.



II. ― Electors and electoral lists

Article 2 Learn more about this article...


Are electors:
– the incumbent or interns at the National Office of Veterans and War Victims in the position of activity, detachment, or provision;
― non-public law officers based on the National Office of Veterans and War Victims and with a contract whose remaining duration is at least three months at the date of the election lists.
They may also take part in the consultation with those staff on training leave, sick leave, long-term sick leave, maternity leave, adoption leave or parental leave. On the other hand, officers in off-frame positions, on availability, on early termination of activity and on leave without pay are not electors.
The quality of electors is appreciated on polling day.

Article 3 Learn more about this article...


For the performance of electoral operations, electors who perform their duties at the headquarters of the public institution or at the headquarters of a service designated as a polling division, in accordance with section 7, shall vote directly to the ballot box.
In other cases, or where specific circumstances warrant, electors will vote by mail under the conditions set out in section 9 of this Order.
In addition to the officers called to vote by correspondence, in accordance with the second paragraph of this article, they will also be allowed to vote according to the same procedure for the officers called to vote in the ballot box but who will be on sick leave, on sick leave, in a position of absence regularly authorized, as well as those prevented because of the need for service to visit the polling station or the polling division.

Article 4 Learn more about this article...


The list of electors is stopped for the central polling station and for each polling section by the Director General of the National Veterans and War Victims Office and posted in each of the services and facilities concerned as of September 13, 2010. Mention is made on the electoral list of agents called to vote by correspondence.
Within eight days of posting, electors can verify registrations and, where applicable, submit applications for registration. Within the same period, and for three days after its expiry, claims may be made against registrations or omissions on the list of electors. The Director General shall promptly decide on these claims.



III. • Candidatures

Article 5 Learn more about this article...


Can act of application the trade union organizations considered representative within the meaning of theArticle 14 of Act No. 84-16 of 11 January 1984 bringing statutory provisions relating to the public service of the State.
If none of these trade union organizations makes an application, or if the number of voters, as determined by the elections on the list, is less than half of the number of personnel called to vote, a second ballot shall be held under the conditions set out in thearticle 11 bis of the decree of 28 May 1982 referred to above to which any employee union organization may participate. The date and conditions for the organization of the second ballot are determined by a decision of the Director General of the National Veterans and War Victims Office.

Article 6 Learn more about this article...


For the first ballot, nominations must be sent, by registered letter with acknowledgement of receipt, to the Human Resources Department, to the attention of the Director General of the National Office of Veterans and War Victims. Such nominations may be accompanied by a profession of faith and must mention the name of the delegate(s) authorized to represent the organization in all electoral operations. Nominations are received from delegates.
The closing date of applications is 17 August 2010.
Receivable applications are posted at the National Office of Veterans and War Victims within two working days of the closing of the applications.
If an application does not meet the conditions of representativeness, the Director General shall, no later than the day after the deadline for submission of nominations, issue a reasoned decision declaring its inadmissibility.



IV. - Central voting and voting sections

Article 7 Learn more about this article...


A central polling station is established at the headquarters of the National Veterans and War Victims Office, under the chairmanship of the Chief Financial Officer and staff or his deputy.
Sections of voting shall be established for the personnel of the services and institutions concerned, under the chairmanship of their directors, at headquarters:
― of each departmental service;
― of each school of professional conversion;
― of each retirement home;
– the pole of war graves and high places of national memory.
A voting section is also established in the Recognition and Repair Department, under the chairmanship of its Chief.
The voting section collects the votes and transmits them without counting them to the president of the central polling station.
Each polling station chair is an office, appointing a secretary and at least one assessor. Each trade union organization in the consultation may designate a representative in the central polling station and a representative by voting section.
The polling divisions ' offices decide on the difficulties encountered during their electoral operations.
Within ten days, from the poll, the central polling station notes the quorum, proceeds with the counting and proclamation of the results in accordance with the terms set out in Articles 10 to 13 of this Order.



V. ∙ Vote

Article 8 Learn more about this article...


For officers voting in the urn, electoral operations will be conducted publicly in the workplace and during hours of service.
The vote takes place by secret ballot on acronym and under envelope. The proxy vote is not allowed.
During the consultation, each elector is invited to indicate the trade union organization by which he intends to be represented on the central technical committee of the National Veterans and War Victims Office.
Only envelopes and ballots provided by the National Veterans and War Victims Office may be used for the election.
The elector must insert his ballot in a color no l envelope bearing no external sign. It deposits this envelope in the urn and starts its signature on the starting list.
At the end of this poll, the president of each polling division transmits the contents of the ballot box, accompanied by the ballot box, under cacheted fold, to the president of the central polling station.

Article 9 Learn more about this article...


This article defines the specific conditions of the vote by correspondence.
The voting material shall be transmitted, at least fifteen frank days before the ballot, to the electors called to vote by mail, that period does not apply to the officers prevented from voting as a result of the necessity of the service.
The elector inserts his ballot in envelope No. 1 of colour bearing no external sign. It places this first envelope in a white envelope, marked by the service, on which it indicates its name and first name before signing. This second envelope is inserted in an envelope No. 3 with the reference to "election consultation". This bend must be sent to the president of the central polling station, at the headquarters of the National Veterans and War Victims Office, prior to the polling time.
Folds arrived after the close of the ballot are returned to the voters with the indication of the date and time of receipt.



VI. ― Census, Deployment
and results

Article 10 Learn more about this article...


As the votes are received by correspondence, the president of the central office places, without opening them, envelopes No. 3 in a ballot box reserved for this purpose, distinct from the ballot box intended to collect the votes cast by the agents who voted directly at the central polling station.
At the end of the poll, the president of the central office emptyes the ballot box, opens envelopes No. 3 and then envelopes No. 2 and makes the name of each voting agent stand on the list. It deposits, as it is, envelopes No. 1 in the ballot box already containing the votes cast by the agents who voted directly at the central polling station.
However, they are set aside without being opened by the president of the central office:
― envelopes from electors who would have taken part in the vote directly. In this case, the correspondence vote is not taken into account;
― 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;
– the number 1 envelopes reached in multiple numbers under the same envelope;
– envelopes No. 1 bearing a distinctive mention or sign.
The name of the voters whose envelopes emanate is not on the list of electors.
Correspondence census operations shall be recorded by the central polling station in a report to which envelopes which have been set aside without being opened under this article are annexed.

Article 11 Learn more about this article...


The central polling station decides on the admissibility of the operations of each polling division. As such, it may decide to exclude votes from a section.
After ensuring that the number of envelopes and start-ups corresponds, he deposits, as a step, envelopes 1 in the ballot box already containing the votes cast by the agents who voted directly at the central polling station.

Article 12 Learn more about this article...


The central polling station makes the determination of the number of votes cast on the electoral lists.
If the number of voters is less than half of the number of personnel called to vote, it is not proceeded to count the ballot and a second ballot is held. Otherwise, the polling station proceeds to count the ballot.
The votes cast by:
white papers;
• ballots found in the urn without envelope;
- bulletins not in accordance with the model provided by the administration;
- rattled, torn, overloaded ballots or signs of recognition;
– multiple bulletins contained in the same envelope and denoting different trade union organizations.
It is considered validly expressed and counts for one vote multiple ballots for the same trade union organization.
The central polling station shall prepare a record of the counting operations to which ballots are annexed.

Article 13 Learn more about this article...


The central polling station counts the number of votes obtained by each trade union organization. In order to determine the number of seats allocated to each trade union organization, the polling station determines the electoral quota by dividing the number of valid votes cast by the number of staff representatives in the technical committee for which it was established. Each trade union organization having presented itself has the right to as many seats of staff representatives as the number of votes collected by it contains the electoral quota.
The seats of any incumbents remaining to be filled shall be 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 seats of incumbent representatives obtained by that organization under the preceding paragraph.
The central polling station shall prepare the general record of the electoral transactions on which the number of electors, the number of voters, the number of valid votes cast, the number of votes obtained by each trade union organization in the presence. The separate envelopes are annexed to this report without being open and invalid ballots.
The President of the Central Voting Office proclaims the results of the consultation.

Article 14 Learn more about this article...


Within five days of the proclamation of the results, the contestations on the validity of the electoral operations are brought before the Director General of the National Office of Veterans and War Victims, and, where applicable, before the administrative court.

Article 15 Learn more about this article...


Based on the results of the consultation, a decision by the Director General of the National Veterans and War Victims Office determines the trade union organizations to be represented on the Central Joint Technical Committee of the National Veterans and War Victims Office and the number of seats allocated to each of them.
Within one month of the notification of the above-mentioned decision, each organization shall notify the Director General of the names of the representatives to occupy the seats of the incumbent and alternate members assigned to him.

Article 16 Learn more about this article...


The present order will be issued in the Official Journal of the French Republic.


Done in Paris, June 17, 2010.


R. Enfrun


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