Key Benefits:
Publics concerned: all La Poste personnel.
Purpose: provide for the organization, composition, responsibilities and functioning of the La Poste Technical Committees.
Entry into force: the decree applies for the elections to be held in October 2011 for the establishment of the technical committees, following the intervention of Decree No. 2010-1743 of 30 December 2011 on the extension and reduction of the term of office of members of certain representative bodies of the public service staff of the State. Until the end of their term, La Poste's Joint Technical Committees remain governed by the Decree No. 98-1241 of 29 December 1998 concerning the La Poste Technical Committees.
Notice: the decree is implemented articles 9 and 9 bis of Act No. 83-634 of 13 July 1983 amended with the rights and obligations of civil servants. He substitutes for Decree No. 98-1241 of 29 December 1998, which remains applicable only as a transitional measure. The Order contains five titles related respectively to the organization, composition, powers, functioning of committees and transitional provisions. Its main provisions concern the organization of technical committees based on the specificity of the territorial organization of La Poste, the extension of the term to four years, a mode of operation taking into account the deletion of the parity composition, number, committees, and the possibility of electronic voting.
References: The decree is available on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Economy, Finance and Industry and the Minister of Public Service,
Vu le Civil codein particular its article 1;
Vu la Act No. 83-634 of 13 July 1983 amended, including articles 9 and 9 bis;
Vu la Act No. 90-568 of 2 July 1990 amended on the organization of the public service of the position and France Télécom, including its article 31;
Vu le Decree No. 2010-191 of 26 February 2010 Amending the original statutes of La Poste and bringing various provisions relating to La Poste;
Vu le Decree No. 2011-184 of 15 February 2011 relating to technical committees in government departments and public institutions of the State;
Considering the opinion of the National Joint Technical Committee of La Poste dated 21 April 2011;
The State Council (Section of Administration) heard;
Given the emergency,
Decrete:
The technical committees established at La Poste are governed by the provisions of this Decree.
The general organization of the technical committees and the method of appointing staff representatives in these bodies are determined after consultation with the trade union organizations represented in the National Technical Committee of La Poste.
A national technical committee is established with the Chairman of the La Poste Board of Directors.
Local technical committees are created by a decision of the Chairman of the La Poste Board of Directors at each decicent operational level of the company.
Special Service Technical Committees or Service Groups may be established by a decision of the Chairman of the La Poste Board of Directors when the size of the staff or the consideration of common issues warrants this.
The decision specifies the central or decentralized department(s) with which the technical committees are placed.
The Technical Committees shall include, in addition to the authority(s) to which they are placed, the human resources manager and staff representatives.
The number of representatives of the incumbent staff is determined by a decision of the Chairman of the Board of Directors of La Poste. However, it cannot exceed 15 for the national technical committee and 10 for local technical committees and special technical committees. These incumbent representatives have an equal number of alternates.
In addition, at each committee meeting, the chair is assisted as necessary by La Poste representatives of his choice.
The term of office of staff representatives shall be four years.
However, when a technical committee is established or renewed during the electoral cycle, the staff representatives, holders or alternates, shall be elected or appointed under the conditions set out in this decree for the remainder of the term to be carried out before the general renewal.
In the event of reorganization of one or more services under the electoral cycle, the existing Technical Committee(s) of the service(s) concerned may remain competent, by a decision of the authority(s) concerned, and, where appropriate, sit in joint training until the following general renewal, provided that the perimeter of the committee(s) maintained corresponds to the perimeter of the reorganized service(s). The mandate of the members of these bodies is maintained for the same period.
Elections shall be held on the date provided for by the Prime Minister's order mentioned by thearticle 12 of the decree of 15 February 2011 referred to above. The term of the La Poste Technical Committees is reduced or extended accordingly.
In the event of a by-election, in particular for the reason provided for in the second paragraph of section 44 of this Order or for the establishment of a new Committee, the date shall be determined by the authority to which the Committee is established.
Except as mentioned in the preceding paragraph, the date of the elections shall be made public at least six months before the expiry of the current term.
The representatives of the staff of the technical committees shall be elected by the ballot.
An acronym shall be used for the appointment of staff of local or special technical committees where the staff of the technical committee or services for which the technical committee is established are less than or equal to 50 officers.
By derogation from the preceding paragraph, they may be elected by acronym when the staff in the service(s) for which the technical committee is established are greater than 50 officers and less than or equal to 100 officers.
However, staff representatives in special technical committees may be designated within a smaller or wider scope where the general interest justifies it and that all votes corresponding to the technical committee's perimeter may be known from the results of the counting of elections to the technical committees.
The seats to be allocated are allocated to the proportional representation of the strongest remaining.
For the calculation of the number of staff referred to in the second paragraph of Article 8, all incumbent and interns and contractual agents of public and private law acting within the scope of the service for which the technical committee is established or placed in parental or paid leave positions six months before the date on which the ballot is held.
The composition of the bodies referred to in the third paragraph of section 8 shall be determined by a decision of the Chairman of the Board of Directors of La Poste no later than four months before the date on which the ballot is held.
It is obligatoryly terminated the mandate of a staff representative when he resigns from his or her mandate or no longer fulfils the requirements set out in article 12 of this decree or is placed in one of the situations provided for in article 14 that he or she loses his or her capacity as a representative.
The alternate is appointed for the remainder of the term.
The alternatives are as follows:
1° In the event of a list election, when an elected representative of the staff is unable to perform his or her duties, he or she shall, on the designation of the trade union organization that presented the list, be replaced by one of the alternates elected under the same list.
When an alternate representative is unable to perform his or her duties, he or she is replaced by one of the unelected candidates remaining from the same list in the same manner.
Where the trade union organization that has submitted a list is unable to provide, under the conditions set out in the two preceding paragraphs, the seats of the holders or alternates to which it is entitled, it shall designate its representative, for the duration of the remaining term, from the perimeter of the technical committee eligible at the time of designation.
2° In the event of an election by acronym or designation, where a representative of the incumbent or alternate staff appointed on the proposal of a trade union organization is unable to perform his or her duties, he or she shall be replaced by a designated representative under the same conditions.
In the event of an election by siege or designation pursuant to the provisions of section 8, a representative of the incumbent or alternate staff appointed on the proposal of a trade union organization shall cease to be a member of the technical committee if the organization so requests in writing, the termination of office becomes effective one month after the receipt of that request by the authority to which the technical committee is placed.
The electors shall be for the appointment of staff representatives in the Technical Committee all officers performing their duties within the scope of the service(s) under which the Committee is established. When an officer performs his or her duties in a number of services, he or she is an elector in the Technical Committee of the Service in charge of his or her management.
These officers must meet the following conditions within the committee scope:
1° When they have the status of a full-time employee, be in a position of activity or parental leave, or be accommodated in a detachment or by making available;
2° When they are an intern employee, be in a position of activity or parental leave;
3° When they are contractual agents of public or private law, they have been present in the company for at least three months. In addition, they must be at least sixteen years of age, and perform their duties or be on paid leave or on parental leave.
Electors may be divided into voting sections created by the authority to which the Technical Committee is placed.
The list of electors called to vote in a polling section is stopped by the official to whom this section is placed. The quality of electors is appreciated on polling day.
The list is displayed in the voting section at least one month before the date of the vote.
Within eight days of publication, electors can verify registrations and, where applicable, file claims. In the same period, and for three days after its expiry, claims may be made against registrations or omissions on the list of electors.
The authority to which the Technical Committee is placed shall decide promptly on the claims.
No change is then allowed, unless a subsequent event and taking effect no later than the day before the election results in the acquisition or loss of the elector's quality for an officer.
In this case, registration or delisting is pronounced no later than the day before the election, either at the initiative of La Poste or at the request of the interested party, and immediately notified to the staff by posting.
I. ― A technical committee shall be eligible for registration of eligible officers on the list of electors of that committee.
However, civil servants and contractual agents of public law cannot be elected:
1° Long-term or severe sick leave;
2° Who have been struck by a temporary demotion or exclusion of functions from three months to two years, unless they have been amnestied or have received a decision accepting their application that no record of the sanction imposed remains on their file;
3° Hit by one of the incapacities set out in Articles L. 5 and L. 6 of the Electoral Code.
II. ― Can also be elected private contractual agents who, on polling day:
1° Are under 18 years of age;
2° Work for less than 12 months in the company;
3° One of the incapacities set out in the Articles L. 5 and L. 6 of the Electoral Code.
III. - These conditions are applicable to officers to be designated as staff representatives following an election by acronym or pursuant to the fourth paragraph of Article 8 of this Order.
I. ― Nominations are submitted by trade union organizations that meet the conditions set out in theArticle 9 bis of the Act of 13 July 1983 referred to above.
Nominations may be common to several trade union organizations.
Each nomination must include the name of a delegate, who, in the event of a list vote, may or may not be a candidate, designated by the union organization to represent the nomination in all electoral operations. The union organization may designate an alternate delegate.
Nominations must be filed at least six weeks before the date of the vote. The nomination of applications is subject to a receipt to the list delegate or to his or her alternate.
When La Poste finds that the application does not meet the requirements set out in Article 9 bis above, it shall give the list representative a reasoned decision declaring the application inadmissible.
II. ― In the event of a list election, each trade union organization may only submit a list of candidates for the same election. No one can be a candidate on several lists of the same ballot.
In order to participate in the elections, each list includes a number of names equal to at least two thirds and at most the number of seats of incumbent representatives and alternate representatives to be filled, without mentioning each of the candidates of the title of holder or alternate.
However, where the number of staff in the service(s) for which the Technical Committee is established is greater than 50 officers and less than or equal to 300 officers, the list may include a number of names equal to half the number of seats of incumbent representatives and alternate representatives to be filled.
In addition, the list must include an even number of names at the time of its filing.
The filing of each list must be accompanied by a declaration of application signed by each candidate.
III. ― When it is used in the siege election, the trade union organization shall not apply the sixth, seventh and eighth paragraphs of this article. However, each trade union organization can only file an application for one election.
I. ― No application may be filed or amended after the date provided for in the fourth paragraph of Article 15. Similarly, no withdrawal of nominations may be made after the nomination of applications.
II. ― However, with respect to a list vote, if one or more candidates on a list are recognized as ineligible within three days of the deadline for filing the lists, La Poste shall promptly inform the list delegate. The latter then forwards to La Poste, within three days of the expiry of the three-day period referred to above, the necessary corrections. In the absence of a correction, La Poste raye de la liste les candidats inéligibles. This list may only be held in elections if it nevertheless satisfied that a number of names equal to at least two thirds or half, as appropriate, of the seats of representatives of incumbents and alternates to be filled.
Where the admissibility of one of the lists is not recognized by La Poste, the three-day period provided for in the first sentence of the paragraph above shall be limited to that list only after the notice of the judgment of the Administrative Court when it is seized of a challenge to La Poste's decision, pursuant to provisions of the last paragraph of Article 9 bis of the Act of 13 July 1983 referred to above.
If the reasoning of ineligibility occurred after the deadline for filing the lists, the ineligible candidate may be replaced without changing the date of the elections.
Nominations on a list or acronym established under the conditions established by this Order shall be posted as soon as possible in each voting section.
When several trade union organizations affiliated with the same union of civil servants have submitted competing nominations for the same election, La Poste shall notify, within three days of the deadline for submission of nominations, the delegates of each of the applications concerned. They then have a period of three days to make the necessary changes or withdrawals of applications.
If, after the expiration of the latter period, these amendments or withdrawals of applications have not taken place, La Poste shall inform within three days the union of the trade unions whose candidatures are required. It then has a five-day time limit to indicate to La Poste, by registered letter with a request for a notice of receipt, the application that may avail itself of membership in the union.
In the absence of this indication, trade union organizations that have submitted the applications in question cannot benefit from the 2° of Article 9 bis of the Act of 13 July 1983 referred to above and shall not avail itself of membership in a union for the purposes of the second paragraph of Article 19 of this Decree.
Where the admissibility of one of the applications is not recognized by La Poste, the procedure described above shall be implemented within three days from the notification of the judgment of the administrative tribunal when the administrative tribunal is seized with a challenge to La Poste's decision, pursuant to provisions of the last paragraph of Article 9 bis of the Act of 13 July 1983 referred to above.
For each acronym or list application, ballots and envelopes are prepared, at La Poste expense, based on a model model provided by La Poste. On the ballot, mention is made of the possible membership of the trade union organization on the date of the nomination of candidates to a union of national character.
Voting ballots and envelopes are delivered to the person in charge with whom each polling section is placed, at least equal to the number of electors registered on the electoral list of this section. They are transmitted by La Poste to the officers admitted to voting in the voting sections mentioned in article 13 of this decree.
A central polling station is established for each of the technical committees to be formed. It proceeds to count the ballot. At the end of the count and without delay, the central polling station proceeds to the proclamation of the results.
The authorities with which the committees are constituted may also establish, by decision, special polling stations. In this case, the vote in the voting sections referred to in Article 13 shall be transmitted together with a record of the census, under covert fold, by the person in charge with whom each section is placed, either at a special polling station or at the central polling station.
The special polling stations, when established, proceed with the counting of the ballot and transmit the counting report to the central polling station.
The counting of the ballot shall be carried out within a period not exceeding, except in particular circumstances, three working days from the date of the ballot.
The central polling station and, where appropriate, the special polling stations include a chair and secretary appointed by the authority to which the technical committee is established and a delegate of each nomination in attendance.
The voting sections include a chair and secretary designated by the official to whom they are placed, and, where appropriate, a delegate of each nomination in attendance.
I. ― The vote is taken by secret ballot.
The vote takes place in the urn and under envelope. Electoral operations are conducted publicly in the workplace and during service hours. The opening and closing times of the ballot shall be decided by the authority to which the technical committee is established, after consultation with the trade union organizations that have nominated.
In the event of a list vote, electors can only vote for a list without delisting or adding names and without changing the order of presentation of candidates. Any bulletin established in ignorance of any of these conditions shall be void.
The proxy vote is not allowed.
In each place of voting is a list of electors, which is demarcated by each voting elector and by a member of the office, or by the office only in the event of a correspondence vote.
II. ― Voting may take place by correspondence, under the conditions established by the Chairman of the Board of Directors. In this case, the envelopes sent, at the expense of La Poste, by the electors must arrive at the polling station before the polling closing hour.
III. ― electronic voting may be used in accordance with the terms defined by the decision of the chairman of the board of directors in accordance with the fundamental principles that command electoral operations, including the secret of the ballot, the personal, free and anonymous character of the vote, the sincerity of the electoral operations, the effective monitoring of the vote and the ex post facto control by the judge of the election.
It may constitute the exclusive modality of voting for a given election, or be accompanied by a possibility of secret ballot voting under envelope, ballot or by ballot.
The e-voting system ensures the confidentiality of the data transmitted, including that of the files constituted to establish the electoral lists, as well as the security of the address of authentication, starting, recording and counting of votes.
I. ― The central polling station notes the total number of voters and determines the total number of valid votes cast and the number of votes obtained by each candidate in attendance.
It also determines the electoral quota by dividing the number of valid votes cast by the number of incumbent representatives to be elected to the technical committee.
Each trade union organization is entitled to as many seats as representatives holding staff as the number of votes collected by it contains the electoral quota.
The seats of any incumbent representatives remaining to be filled are allocated according to the strongest rule.
In the event of a list not having a number of names equal to the number of seats of holders or alternates to be filled, at the time of the nomination or at the end of the procedure provided for in Article 16 II, the trade union organization may not claim to obtain more seats of incumbent and alternate representatives of the staff other than those for whom it has proposed candidates. The remaining seats are not allocated.
II. ― In the event of a list vote, when for the assignment of a seat of the lists obtain the same rest, the seat is assigned to the list that collected the largest number of votes. If the lists in question received the same number of votes, the seat shall be assigned to the seat that has presented the largest number of candidates under the Technical Committee. If several of these lists have obtained the same number of votes and have presented the same number of candidates, the seat shall be assigned by drawing lots.
The incumbent representatives are designated according to the order of presentation of the list. It is then assigned to each list a number of alternates designated according to the order of presentation of the list.
III. ― In the event of an acronym vote, when, for the assignment of a seat, lists get the same rest, the seat is assigned to the trade union organization that collected the largest number of votes. If the trade union organizations in question raised the same number of votes, the seat shall be allocated by drawing lots.
Representatives of the incumbent and alternate staff shall be appointed within the time limit set out in Article 25 of this Decree.
The Central Voting Office shall prepare the minutes of the electoral transactions, on which the number of electors, the number of voters, the number of valid votes cast, the number of votes cast, the number of votes cast or blank, the number of votes obtained by each candidate in attendance. The separate envelopes are annexed to this report without being open and blank or void ballots.
Without prejudice to the provisions last paragraph of Article 9 bis of the Act of 13 July 1983 referred to above, disputes over the validity of electoral transactions shall be brought, within five days of the proclamation of the results, before the authority to which the technical committee is constituted, and then, if any, before the administrative court.
For each technical committee whose composition is established in accordance with the provisions set out in the second and third paragraphs of Article 8, a decision of the authority(s) to which the committee is established shall establish a list of trade union organizations authorized to designate representatives and the number of seats to which they are entitled and shall provide a time limit for the designation of representatives, which shall not be less than fifteen days and more than thirty days.
When a joint list or acronym has been established by trade union organizations, the distribution of votes cast shall be made on the basis indicated and made public by the trade union organizations concerned at the time of their nomination. In the absence of an indication, the distribution of votes is equal among the organizations concerned. This distribution is referred to on nominations in the voting sections.
When no nominations for a list or acronym were submitted by trade union organizations, a random draw was taken from the list of electors to the technical committee.
In addition, in the event of an acronym election or designation under Article 8 of this Decree, where the trade union organization cannot designate, within the specified time, all or part of its representatives on the seat(s) to which it is entitled, these seats remain unallocated. A random draw was then made from the list of electors to the technical committee, eligible at the time of designation.
The National Technical Committee is consulted on issues and draft texts related to:
1° Organization and operation of services;
2° Forecast management of staffing, employment and skills;
3° Statutory rules and rules relating to indiciary scheduling;
4° technological developments and working methods and their impact on personnel;
5° To the broad guidelines for compensation policy and related distribution criteria;
6° Training and development of professional skills and qualifications;
7° Professional integration;
8° Professional equality, parity and struggle against all discrimination.
He received communication and discussion of La Poste's social assessment. This assessment is prepared annually and includes any useful information with regard to the expertise of the technical committee.
I. ― The local and special technical committees are competent to consider matters of concern to the services for which they have been established.
II. ― Local and special technical committees are consulted on questions and draft texts relating to the subjects mentioned in 1°, 2°, 4°, 6°, 7° and 8° of Article 28.
III. ― Where it appears desirable that matters common to two or more technical committees be considered by the same body, the technical committees concerned may be jointly, as often as necessary, convened by a decision of the officials concerned to whom these committees are placed. The same decision shall mean, where appropriate, the persons responsible for the chairmanship of the meeting.
The National Technical Committee is chaired by the Chair of the Board of Directors.
Local Technical Committees and Special Technical Committees are chaired by the official to whom they are placed.
In the event of an incapacity, the Chairperson(s) shall designate their representative from among the representatives of La Poste exercising responsibility with him or her. Reference is made to the minutes of the meeting.
In all committees, the secretariat is provided by an officer designated by La Poste for this purpose. A staff representative is appointed by the Technical Committee within the Technical Committee to serve as Deputy Secretary.
After each meeting, a report is prepared including the record of the proceedings and the details of the votes. This document is signed by the Chair, signed by the Secretary and the Deputy Secretary and forwarded within one month to committee members. This report is submitted to the Technical Committee for approval at the next session.
Technical Committee meetings may, where appropriate, be organized by videoconference, provided that the use of this technique ensures that, throughout the session:
1° Only persons authorized to be elected under this decree;
2° Each member sitting with a deliberative vote has the opportunity to participate effectively in the debates;
3° The president is in a position to exercise his police power at the session.
Each committee shall establish its rules of procedure according to a model by-law established by the chair of the La Poste board after consultation with the national technical committee.
The Technical Committee shall meet upon the convocation of its Chair, at the initiative of the Chair or, within a maximum of two months, upon written request of at least half of the staff representatives.
The communication of written documents and documents that assist in the functioning of the technical committees, including for the convocation and information of their members for the meetings, may be carried out electronically, provided that compliance with the provisions of this decree and the confidentiality and integrity of the information so transmitted remains guaranteed.
The terms and conditions for the implementation of the provisions set out in the preceding paragraph are set out in the rules of procedure of each committee.
The convening of the technical committee sets out the agenda of the session. Questions that fall within the competence of the technical committees whose review was requested by at least half of the staff representatives are included in this agenda.
Alternates may attend the meetings of the Technical Committee without participation in the discussions.
The Chair of the Technical Committee may convene experts, at his initiative or at the request of committee members, to be heard on an agenda item.
Experts do not have a deliberate vote and cannot attend the vote. They only participate in the debate on the issues for which their presence has been requested.
The Technical Committees shall only deliberate validly on the condition that they observe the rules of constitution and functioning, in particular under this Decree and its rules of procedure. In addition, half of the staff representatives must be present at the opening of the meeting.
When the quorum is not reached, a new summons is sent within eight days to the members of the committee who then sits validly on the same agenda regardless of the number of staff representatives present. It may then not be enforced by the provisions of Article 39 of this Decree.
When the technical committees sit in joint training, quorum conditions apply to joint training and not to each committee.
Only representatives of the incumbent staff participate in the vote. Alternate voices are deliberate only in the absence of the incumbents they replace.
Les représentants de La Poste ainsi que les experts ne participer pas au vote.
The Technical Committees shall issue their views to the majority of the present. If a vote is taken, the vote shall be taken by hand. Agreed. In the event of a vote sharing, the notice is deemed to have been given or the proposal made.
When the technical committees are together, voting conditions are appreciated on joint training and not on each committee.
When a draft text collects a unanimous unfavourable vote, the draft is subject to review and a new deliberation is organized within a period not less than eight days and more than thirty days. The new convocation shall be sent within eight days to the members of the committee.
The technical committee then sits validly regardless of the number of staff representatives present. He cannot be called to deliberate once again following this same procedure.
Committee meetings are not public.
The persons involved in the work of the technical committee, in any way, are held at the duty of professional discretion on the basis of the documents and documents they were aware of during this work.
All facilities must be provided to committee members to perform their duties. In addition, communication must be given to them of all documents and documents necessary for the performance of their functions no later than eight days before the date of the sitting.
The incumbent and alternate members of the technical committees and the experts convened do not receive any compensation as a result of their duties in these committees. Members convened to deliberately attend the work of the committees and experts are, however, compensated for their travel and residence costs.
The Post carries out the projects and notices issued by the Technical Committees, by any appropriate means, to the knowledge of the officers concerned within one month.
Members of the Technical Committees must, within two months, be informed, by written communication from their Chair, of the follow-up to their proposals and opinions.
In the interest of the service, the term of office of the staff representatives of a technical committee may be reduced or extended by a decision of the chair of the board of directors. This reduction or extension may not exceed 18 months.
In the event of difficulties in its operation, a technical committee may be dissolved in the form provided for in its constitution after the advice of the National Technical Committee of La Poste.
In the two-month period, a new technical committee shall be established under the conditions established by this decree.
This Order applies for elections in 2011 to establish technical committees.
For the same elections, the deadline for posting the list under the third paragraph of Article 13 of this Decree is three weeks.
La Poste technical committees remain governed by the provisions of the Decree No. 98-1241 of 29 December 1998 relating to the La Poste technical committees until the end of their term. At the end of the decree, the above-mentioned decree is repealed.
The Minister of Economy, Finance and Industry, the Minister of Public Service and the Minister to the Minister of Economy, Finance and Industry, responsible for the industry, energy and the digital economy, are responsible, each with respect to it, for the execution of this Order, which will be published in the Official Journal of the French Republic and will immediately enter into force.
Done on 7 September 2011.
François Fillon
By the Prime Minister:
Minister of Economy,
finance and industry,
François Baroin
The Minister of Public Service,
François Sauvadet
Minister to the Minister of Economy,
finance and industry,
responsible for the industry,
energy and the digital economy,
Eric Besson
