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Order Of December 29, 2004, Setting Out The Terms Of The Staff Consultation To Determine Trade Union Organizations Called To Be Represented In The Central Joint Technical Committee Of The Board Of Governors Of...

Original Language Title: Arrêté du 29 décembre 2004 fixant les modalités de la consultation du personnel organisée afin de déterminer les organisations syndicales appelées à être représentées au sein du comité technique paritaire central du Conseil supérieur de ...

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JORF No. 3 of 5 January 2005 Page 247
Text No. 35


ARRETE
Decree of 29 December 2004 laying down detailed rules for the consultation of organised staff in order to determine the trade union organisations to be represented on the Council's Central Joint Technical Committee Upper fishery

NOR: DEVG0430486A ELI: Not available


The Minister of Public Service and State Reform and the Minister of Ecology and Sustainable Development,
In view of the environmental code, in particular Articles L. 434-1 and L. 434-2;
In view of the environmental code, in particular Articles R. * 234-1 to R. * 234-21;
In the light of Law No. 83-634 of 13 July 1983 as amended relating to the rights and obligations of civil servants, together with Act No. 84-16 of 11 January 1984, as amended Laying down statutory provisions relating to the civil service of the State;
Having regard to Decree No. 82-452 of 28 May 1982 relating to joint technical committees;
Having regard to the Order of 18 July 1983 concerning the establishment of a technical committee Central to the Conseil supérieur de la pêche,
Stop:

  • Chapter I: General Provisions Article 1


    A staff consultation is organized to determine Trade union organisations to be represented on the Central Joint Technical Committee set up with the Director General of the Higher Council for Fisheries. This consultation is organised by the Director General of this public institution.
    The date of this consultation is Tuesday, March 22, 2005.

  • Chapter II: Electors and Lists of Electors Article 2


    Voters, with the exception of agents in the position of availability, parental leave, parental leave, or End-of-activity leave:
    -the incumbents or trainees belonging to the service or service group to which the Joint Technical Committee is constituted;
    -employees seconded to one of these services;
    - Employees made available to one of these services.
    Are also electors, excluding agents on parental leave, on parental leave or on leave without pay:
    -Non-public servants Employees who are employed in one of these services and who have an indeterminate or temporary contract for a minimum period of ten months;
    -the private law officers employed in one of those services and who have a contract with On an indeterminate or temporary basis for a minimum of ten months.
    Voter quality is assessed on polling day.

    Item 3


    The list of electors shall be drawn up by the Director General of the Board of Fisheries and displayed in all services at least six weeks before the date set for the consultation.
    Within eight days Display, electors may verify registrations and, if applicable, submit applications for registration. Within the same period and for three days after its expiry, claims may be made to the Director General against the entries or omissions on the list of electors. The Director General shall act within a period of three days on these claims.

  • Chapter III: Candidatures Article 4


    The union organizations referred to in the fourth paragraph of Article 14 of the aforementioned Act of 11 January 1984 are eligible to apply.
    If none of these organizations is present, or if the number of voters is Less than half the number of staff entitled to vote, a second ballot shall be held to which any trade union organisation may participate. The date and conditions for the organization of this second ballot shall be determined, as appropriate, by decision of the Director General of the Board of Fisheries.

    Article 5


    Trade union organizations wishing to participate in the consultation must apply to the Chief Executive Officer of the Board of Fisheries.
    Acts of Nomination must be submitted or sent, by registered letter with acknowledgement of receipt, no later than Tuesday, 11 January 2005, at 5 p.m. They must mention the name of the agent (s) entitled to represent the trade union organisation in all electoral operations.
    If a second ballot is required, the nomination papers must be filed under the same conditions Date to be determined by decision of the Director General.
    The lists of applications, established under the conditions set out in this Order, shall be posted in all services within three days after the close of nominations.

  • Chapter IV: Voting Offices Article 6


    A central polling station shall be established at the seat of the institution Public by decision of the Director General of the Board of Fisheries.

    Article 7


    Composition, Role and Operation At the central polling station are:
    The Chief Executive Officer of the Board of Fisheries designates the chairperson of the central polling station.
    The chairman of a polling station shall appoint a secretary.
    Each union organization Authorized to attend the consultation may appoint a representative at the polling station.
    The central polling station shall observe the quorum and proceed to the counting of the votes. It shall declare the results.

  • Chapter V: Voting Article 8


    Voting takes place exclusively by Correspondence under the conditions set out in Article 9.
    At the time of the consultation, each voter is invited to indicate the trade union by which he intends to be represented on the Joint Technical Committee.
    Only envelopes and envelopes Ballots provided by the Conseil supérieur de la pêche may be used for the vote.

    Article 9


    Voting by Correspondence is as follows:
    At least two weeks before the date of the vote, voting materials are sent to officers who are eligible to vote.
    Voter inserts vote in first envelope (envelope # 1) That may not be purchased. This envelope provided by the Administration shall not bear any mention or distinctive sign.
    It then places this envelope n ° 1 in a second envelope (so-called envelope 2), which it hides and on which it affixing its signature and Legibly bears his or her name, first names and assignment.
    Finally, it places this envelope n ° 2 in a third postage-paid envelope (so-called envelope 3), which it is hiding and that it addresses individually to the polling station.
    Sending by Correspondence must be sent to the office no later than the day of the vote, before the closing time of the poll set at 5 p.m.

  • Chapter VI: Counting votes and poll results Article 10


    The enumeration and counting of votes takes place under the following conditions:
    a) Receipt of votes:
    After the close of the poll, the President of the polling station shall carry out the enumeration of the votes collected.
    Envelopes # 3 and then envelopes # 2 are opened.
    As envelopes are opened n ° 2, the list of electors for the Joint Technical Committee The Central Council of Fisheries is neat and the envelope n ° 1 is tabled without being opened in the urn of the Central Joint Technical Committee.
    Unopened:
    -envelopes # 3 reached after the time of Closing of the poll;
    -envelopes no. 2 on which the agent's name and signature are not included (or if the name is illegible);
    -the envelopes # 1 marked with a distinctive statement or sign.
    The names of the electors coming from These envelopes are not stamped on the voters list.
    b) Observing quorum;
    At the end of the census, the President of the central polling station counts the number of voters. Counting shall take place if the quorum of 50 % is reached.
    (c) Counting:
    When the counting of the votes is counted, the votes cast in the following conditions are void:
    -the Bulletins which do not conform to the standard model;
    -newsletters containing overloads or ratures;
    -multiple bulletins found in the same envelope No. 1 and originating from different union organizations.
    Are considered as Validly expressed, and count for one vote, multiple ballots found in the same envelope 1 and originating from the same trade union organization;
    (d) Minutes:
    A record of the voting operations shall be established by the office Central vote;
    e) Proclamation of results:
    The central polling station proclaims the results of the consultation.

    Item 11


    Without prejudice to the provisions of the sixth paragraph of Article 14 of the aforementioned Law of January 11, 1984, challenges to the validity of electoral operations shall be brought within five days from the date of the Declaration of the results, before the Director General of the Board of Fisheries and, where appropriate, before the administrative court.

    Article 12


    Taking into account the results of the consultation, an order of the Minister of Ecology and Sustainable Development shall determine the trade union organisations to be represented on the Central Joint Technical Committee of the The Board of Fisheries and the number of seats to which they are entitled.

  • Chapter VII: Miscellaneous Provisions Article 13


    The Director of Water and the Director General of the Higher Council of Fisheries shall each have responsibility for the execution of this Order, which shall be published in the Official Journal of the Republic French.


Done at Paris, December 29, 2004.


Minister of Ecology

and Sustainable Development,

For the Minister and by delegation:

By preventing the Water Director:

The Deputy Director,

F. Helvin

The Minister for the Public Service

and state reform,

For the minister and delegation:

By preventing the
Director General
administration and public service:

The service manager,

Y.
Chevalier


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