Order Of 24 December 2004 Setting Out The Terms Of The Staff Consultation To Determine Trade Union Organizations Called To Be Represented At The First Ministerial Joint Technical Committee Of The Department Of...

Original Language Title: Arrêté du 24 décembre 2004 fixant les modalités de la consultation du personnel organisée en vue de déterminer les organisations syndicales appelées à être représentées au premier comité technique paritaire ministériel du ministère des ...

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JORF No. 2 of 4 January 2005 Page 188
Text No. 15


ARRETE
Order of 24 December 2004 laying down detailed rules for the consultation of organised staff with a view to determining the trade union organisations to be represented at the first Joint Technical Committee Department of Foreign Affairs

NOR: MAEA0420543A ELI: http://www.legifrance.gouv.fr/eli/arrete/2004/12/24/MAEA0420543A/jo/texte


The Minister of Foreign Affairs and the Minister for the Public Service and the Reform of the State,
In accordance with Law No. 83-634 of 13 July 1983 amended on rights and Civil servants' obligations, together with the amended Act No. 84-16 of 11 January 1984 laying down statutory provisions relating to the public service of the State;
Given the amended Decree No. 82-452 of 28 May 1982 on the technical committees Forwarders:
In view of Decree No. 94-726 of 19 August 1994 on the Joint Technical Committees of the Ministry of Foreign Affairs and derogating from certain provisions of Decree No. 82-452 of 28 May 1982 relating to the Joint Technical Committees Departmental,
Stop:

Item 1


Terms and conditions for consulting with staff at headquarters and at missions Diplomatic and consular posts of the Ministry of Foreign Affairs, organised in order to determine the trade union organisations to be represented on the first ministerial Joint Technical Committee of the Ministry of Affairs Under the conditions laid down in Article 11 (2) of the decree of 28 May 1982 referred to above, shall be determined by this Order.
The date of the consultation will be fixed for each vote, by order of the Minister for Foreign Affairs.

Article 2


Voters:
-employees in positions of activity (including employees with leave entitlements Enumerated in Article 34 of the aforementioned Act of 11 January 1984) carrying out their duties on the date of the consultation in the services of the Ministry of Foreign Affairs falling within the competence of the first ministerial Joint Technical Committee thus That the agents belonging to another administration seconded or made available in functions in those services;
-the contract agents in the position of activity employed in the services of the Ministry of Foreign Affairs Competence of the first Joint Ministerial Technical Committee for a period of continuous activity of more than six months and in office for at least three months at the date of the consultation.

Article 3


The list of electors is stopped by the Director General of the Administration of the Ministry of Foreign Affairs.
This list is displayed at The central administration of the Ministry of Foreign Affairs and in diplomatic missions and consular posts at least 50 days before the date of the consultation.
Within eight days of posting, voters Can verify registrations and, if applicable, submit applications for registration. Within the same period, and for three days after its expiry, claims may be made against the entries or omissions on the list of electors to the Director General of the Administration of the Ministry of Business Which shall act without delay.

Article 4


Can present itself to the consultation provided for in Article 1 of this Order Trade unions of officials referred to in the fourth paragraph of Article 14 of the aforementioned Act of 11 January 1984.
If none of these trade unions apply or the number of voters, as determined by the On the list of electors, is less than one-half of the staff entitled to vote, it is organised a second ballot to which any trade union of civil servants may participate.
This second ballot shall be held, if applicable, On a date fixed by order of the Minister for Foreign Affairs, within the time limit laid down in the third paragraph of Article 11a of the decree of 28 May 1982 referred to above.

Article 5


For the first ballot, the nomination papers shall be deposited with the Director General of the Administration of the Ministry of Foreign Affairs, under the direction of the training, Competitions, legal and social affairs, within a minimum of seventy days before the date of the poll. The deadline for the submission of candidatures shall be determined by the order of the Minister for Foreign Affairs referred to in the second paragraph of Article 1 above.
These nomination papers must include the name of a delegate who is authorized to represent The trade union organisation in all electoral operations. They may be accompanied by a profession of faith and a model of the ballot drawn up according to the model provided by the administration.
The use of the names, abbreviations and logos of the candidate trade unions is permitted on the Ballot paper.
Nomination papers are the subject of a receipt issued to the delegate.
If a second ballot is held, the nomination papers shall be deposited under the same conditions as those defined above, on a date fixed by Minister for Foreign Affairs.

Article 6


Applications that meet the conditions set out in Articles 4 and 5 of the Shall be posted at the head office of the Ministry of Foreign Affairs within two days of the closing date of the deposit. They are posted on reception in diplomatic and consular posts.

Article 7


Ballots and envelopes Shall be drawn up by the administration according to a model model and addressed at least three weeks before the date of the election to the agents concerned, with possible professions of faith (format A 4, double-sided).

Article 8


A central polling station is hereby established with the Director General of the Administration of the Ministry of Foreign Affairs on the site of La Pérouse and five Polling divisions, according to the following distribution: one on the site of La Pérouse, one in Nantes, one at the Quai d' Orsay, one on the site of the boulevard des Invalides. The central polling station shall carry out the counting of the votes and declare the results.

Item 9


Central polling station includes A President and a Secretary designated by the Director General of the Administration of the Ministry of Foreign Affairs and, where appropriate, a delegate from each applicant organisation.
Voting divisions include a Chair and a Appointed by the Director General of the Administration of the Ministry of Foreign Affairs and, where appropriate, a delegate from each applicant organisation.

Article 10


Election operations are conducted publicly, in the workplace, from 9 a.m. to 5.30 p.m.
The vote shall be held by secret ballot on acronyms and in envelopes.
The Officers at headquarters vote in the ballot box or by mail.
Officers in diplomatic missions and consular posts vote by correspondence. They may vote in the ballot box if they are present on polling day at the site of one of the polling divisions provided for in Article 8 of this Order.

Item 11


Mail-in voting is carried out under the following conditions:
The elector inserts his or her ballot in a first envelope ("envelope number 1"). This envelope, of a model fixed by the administration, does not Must bear no distinctive mention or sign. It inserts this envelope, previously closed but not purchased, into a second envelope ("envelope No. 2") on which the elector's number, name, first name, assignment and signature must be included. This sealed envelope is placed in a third envelope ("envelope No. 3") that the elector addresses, by post or diplomatic bag, to the central polling station.
Envelope #3 must reach the central polling station before the Closing of the poll.

Article 12


At the end of the poll, the central polling station conducts the census of votes by mail order. Under the following conditions:
Envelopes # 3 and envelopes # 2 are opened. As the envelopes n ° 2 are opened, the list of electors is neat and the envelope No. 1 filed, without being opened, in the ballot box containing the votes of the officers who voted directly in the ballot box.
Except without being Envelopes n ° 3 reached after the closing time of the poll, the envelopes n ° 2 received under the signature of the same agent, the envelopes No 2 on which the name or the voter number and the signature of the Voting or on which the name is illegible in the absence of the voter number, the envelopes number 1 reached in multiple numbers under the same envelope No. 2, the non-regulatory envelopes # 1 and the envelopes # 1 marked with a reference or a sign Distinctive. The voters' names from these envelopes are not on the voters list.
Also apart, without being open, mail-order envelopes from voters who took part directly in the vote. In such a case, postal voting is not taken into account.
The central polling station shall draw up a record of the transactions for the identification of postal votes. The envelopes which have been set apart without being opened are annexed to this record.
Voting after enumeration under this Article shall be returned to the persons concerned with an indication of the date and time of Receipt.

Article 13


The central polling station records the number of voters from the list of voters. If the number of voters is equal to or greater than half of the number of registered voters, the central polling station shall immediately proceed to the counting of the votes.

Article 14


At the counting of the ballots, are not counted in the ballots validly cast the blank ballots, the ballots found in the ballot box without envelope, the ballots Raturated, shredded or bearing signs of recognition, the multiple ballots contained in the same envelope designating different trade union organizations, the ballots not conforming to the standard model.

Article 15


The central polling station records all the votes cast on the union organizations in attendance.
Dispatch the Seats according to the rule of the highest average and proclaims, without delay, the results of the consultation.
It establishes the general record of the electoral operations on which the number of registered electors is recorded, the Number of voters, the number of votes validly cast, the number of blank and void votes and the number of votes obtained by each trade union organisation in attendance. Annexed to this record are the envelopes set aside without being opened and the blank ballots or deemed to be invalid.

Article 16


An order of the Minister for Foreign Affairs determines the trade union organizations to be represented at the first Joint Ministerial Technical Committee, the number of seats to be allocated to each of them, and the time limit The appointment of staff representatives.
It is assigned to each trade union organization a number of seats of alternate representatives equal to that of the seats of the holding representatives obtained by that organization in Application of the preceding paragraph.

Article 17


Without prejudice to the provisions of the eighth paragraph of Artice 14 of the 11 January 1984 referred to above, objections to the validity of the staff consultation shall be brought, within five days of the declaration of the results, before the Director General of the Administration of the Ministry of Business And, where appropriate, before the administrative court.

Item 18


The Director General of the Ministry of Foreign Affairs is responsible for the execution of this Order, which will be published in the Official Gazette of the French Republic.


Done at Paris, 24 December 2004.


The Minister of Foreign Affairs,

For the Minister and delegation:

The Director General of Administration,

A. Pouillieute

The Minister of the Public Service

and state reform,

For the minister and delegation:

By preventing the Director General

from administration and the public service:

The Director,

C. The Bihan-Graf


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