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Decree Of 26 December 2005 Setting Out The Terms Of The Staff Consultation To Determine Trade Union Organizations Called To Be Represented At The Central Joint Technical Committee Of The National Institute Of Polic...

Original Language Title: Arrêté du 26 décembre 2005 fixant les modalités de la consultation du personnel organisée en vue de déterminer les organisations syndicales appelées à être représentées au comité technique paritaire central de l'Institut national de polic...

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JORF No. 14 of 17 January 2006
Text #4


ARRETE
Decree of 26 December 2005 laying down the arrangements for the consultation of organised staff with a view to determining the trade union organisations to be represented on the Central Joint Technical Committee National Institute of Scientific Police

NOR: INTC0600022A ELI: http://www.legifrance.gouv.fr/eli/arrete/2005/12/26/INTC0600022A/jo/texte


Minister of State, Minister of Interior and Spatial Planning, and the Minister of the Public Service,
Due to Act No. 83-634 of 13 July 1983, as amended Concerning the rights and obligations of civil servants, together with the law n ° 84-16 of 11 January 1984 amending the statutory provisions relating to the civil service of the State;
Given the amended Decree No. 82-452 of 28 May 1982 on the committees Forwarder techniques;
Given Decree No. 2004-1211 of 9 November 2004 on the National Institute for Scientific Police;
In the light of the decree of 3 August 2005 establishing a Central Joint Technical Committee at the National Police Institute Scientific,
Stop:

Article 1


A staff consultation of the National Institute of Scientific Police is organized in accordance with The second paragraph of Article 11 of the decree of 28 May 1982 referred to above, in order to determine the trade union organisations to be represented on the Joint Technical Committee set up by the decree of 3 August
. Determined by decision of the Director of the National Institute of Scientific Police.

Article 2


Voters are: Article 3 of the aforementioned Decree of 9 November 2004, excluding agents in the position of availability, parental leave, parental leave, termination leave or leave without pay.

Article 3


The list of electors is stopped by the Director of the National Institute of Scientific Police. It shall be posted at least fifteen days before the date set for the consultation.
Within eight days of the posting, electors may verify registrations and, if applicable, submit applications for registration. Within the same period, and for three days from its expiration, claims may be made against the entries or omissions on the list of electors.
The Director of the National Institute of Scientific Police shall act without delay On these claims.

Article 4


Can present themselves to the consultation provided for in Article 1 of this Order the organisations Trade unions of officials referred to in the fourth paragraph of Article 14 of the aforementioned Law of 11 January 1984.
If none of these trade unions apply, or if the number of voters registered by the The list of electors is less than one-half of the voting staff, a second ballot shall be held to which any trade union of employees may participate.
The date of the second ballot shall be fixed by decision of the director Of the National Institute of Scientific Police.

Article 5


For the first ballot, the nomination papers shall be sent to The National Scientific Police Institute no later than a date fixed by the Director's decision, within eight to ten weeks before the date set for the consultation.
Such applications may be accompanied by a profession of Name of a delegate authorized to represent the trade union organization in all electoral operations.
The nomination papers are the subject of a receipt given to the delegate.
If a second ballot is held, the Shall be deposited under the same conditions on a date fixed by decision of the Director of the National Institute of Scientific Police.

Article 6


Applications complying with the conditions laid down in Articles 4 and 5 of this Order shall be posted on the ad hoc panels at the National Institute of Scientific Police, within two days after the Closing date for the nomination of candidates.

Article 7


The vote shall take place exclusively by correspondence, by secret ballot, on sigle And under envelope. Ballot papers and envelopes shall be drawn up by the Administrative Services of the National Institute of Scientific Police in accordance with a model model and shall be addressed at least 15 days before the date of the election to the persons concerned by the The Institute.
Mail voting is done in the following manner:
The elector inserts his or her ballot in a first envelope (called "No 1"), which he or she is hiding. This envelope, of the model fixed by the administration of the National Institute of Scientific Police, must not bear any mention or distinctive sign to determine its origin.
It then places this envelope n ° 1 in a second Envelope (so called "No 2"), which he is hiding, and on which he affixes his signature and legibly bears his name, first name, grade and assignment service.
Finally, it places this envelope n ° 2 in a third envelope (so called "No 3"), free and denominated To the Director of the National Institute of Scientific Police. Voting by mail must be by post-obliterated postal service. Postage of this third envelope is assumed by the administration. Envelope # 3 must reach the polling station on or before polling day before the closing time of the vote.

Item 8


Day A single polling station shall be established at the National Institute of Scientific Police with the Director, who shall chair it or designate the person who will represent it for that purpose. He appoints a secretary. Each union organization presenting itself to the vote delegates a representative to the polling station.
This polling station shall count the votes, observe the quorum, proceed to the counting of the votes and proclaim the results.

Article 9


All envelopes sent by post shall be given on the day of the counting by the secretariat of the elections to the Chairman of the polling station. The enumeration and counting of votes by correspondence shall be carried out under the following conditions:
(a) Receipt of votes by correspondence:
After the close of the poll, the polling station shall carry out the enumeration of all Votes collected by correspondence. Envelopes n ° 3 and then envelopes # 2 are opened.
As the envelopes n ° 2 are opened, the voters list is neat.
Envelope # 1 is deposited, without being opened, in the urn.
b) Except for Be opened:
-the envelopes # 3 arrived at the polling station after the closing time of the poll;
-the envelopes No 2 on which the name, first name or signature of the voter are not included, or on which these identifiers are Illegible;
-multiple envelopes n ° 2 received under the signature of the same agent;
-envelopes # 1 marked with a distinctive statement or sign;
-the envelopes # 1 in multiple numbers under the same envelope n ° 2.
The names of the electors from these envelopes shall not be entered on the list of electors.
(c) Minutes:
A record of the transactions defined in paragraphs a and b of this section shall be established by the polling station. The envelopes set aside shall be annexed to the minutes without being opened, pursuant to paragraph (b) of this Article.
(d) Correspondence arrived after the close of the vote shall be returned to the parties concerned with the indication of the Date and time of receipt.

Article 10


The polling station shall observe the number of voters on the basis of the The voters list. If the number of voters is greater than or equal to half of the voting members, the polling station shall proceed without delay at the counting of the votes.

Article 11


At the counting of the votes, shall not be counted in the valid votes cast of the blank ballot papers, the ballots found in the ballot box without envelopes, the rature or shredded ballots, or carriers Signs of recognition, multiple bulletins contained within the same envelope designating different trade union organizations and non-conforming bulletins to the standard model.
A record of the counting operations is Established, to which the ballots considered void are annexed.

Article 12


The polling station accounts for all votes The
shall draw up the general minutes of the electoral operations on which the number of electors, the number of voters, the number of votes validly cast, the number of votes cast, the number of votes cast, the number of votes cast, the number of votes cast. Number of votes and the number of votes obtained by each trade union organisation in attendance. The verbatim envelopes and the spoiled ballots shall be appended to this record.
It shall forthwith proclaim the results of the vote.

Article 13


The polling station determines the electoral quota by dividing the total number of valid votes cast by the number of seats representing the staff to be filled.
Each union organization has Submitted to the staff consultation shall be entitled to as many seats of the staff representative as the number of votes collected by it shall contain the electoral quota. The remaining seats are allocated according to the highest average rule.
It is assigned to each trade union organization a number of seats of alternate representative equal to that of the seats of the holding representative obtained by that organization In accordance with the provisions of the preceding paragraph.
Within 15 days of the publication of the ministerial order for the distribution of the seats of the staff representative between the trade unions in the Committee Pursuant to the second paragraph of Article 8 of the aforementioned decree of 28 May 1982, each trade union organisation shall inform the Director of the National Institute of Scientific Police of the names of the representatives to occupy the seats And the name of their alternates.

Article 14


Without prejudice to the provisions of the The eighth paragraph of Article 14 of Act No. 84-16 of 11 January 1984 referred to above, challenges to the validity of the consultation of staff shall be brought, within five clear days of the declaration of the results, before the Director of the National Institute of Scientific Police and, where appropriate, before the administrative court.

Article 15


The Director of the National Institute of Scientific Police is responsible for the execution of this Order, which will be published in the Official Gazette of the French Republic.


Done at Paris, December 26, 2005.


The Minister of State,

Minister of the Interior

and Spatial Planning,

For the Minister and Delegation :

The National Police Director General,

M. Gaudin

The Minister of the Public Service,

For the Minister and by delegation:

By preventing the

Director General from administration and Public Service:

The Deputy Director,

A. Wagner


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