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Order Of 16 January 2006 Setting Out The Terms Of The Staff Consultation To Determine Trade Union Organizations Called To Be Represented In The Ministerial Joint Technical Committee Of The Department Of Business

Original Language Title: Arrêté du 16 janvier 2006 fixant les modalités de la consultation du personnel organisée en vue de déterminer les organisations syndicales appelées à être représentées au comité technique paritaire ministériel du ministère des affaires

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JORF No. 24 of 28 January 2006
Text #5


ARRETE
Decree of 16 January 2006 laying down the arrangements for the consultation of organised staff with a view to determining the trade union organisations to be represented on the ministerial Joint Technical Committee Ministry of Foreign Affairs

NOR: MAEA0520524A ELI: http://www.legifrance.gouv.fr/eli/arrete/2006/1/16/MAEA0520524A/jo/texte


The Minister of Foreign Affairs and the Minister of the Public Service,
In view of Act No. 72-659 of 13 July 1972 on the situation of civilian staff of cooperation Cultural, scientific and technical assistance to foreign states;
Given the amended Act No. 83-634 of 13 July 1983 on the rights and obligations of civil servants, Act No. 84-16 of January 11, 1984, as amended to make statutory provisions Relating to the Public Service of the State;
Given the amended Decree No. 82-452 of 28 May 1982 relating to the Joint Technical Committees;
In the light of Decree No. 2006-32 of 11 January 2006 on the Joint Ministerial Technical Committee of the Ministry of Foreign affairs,
Stop:

Item 1
The arrangements for the consultation of foreign ministry staff in office at headquarters or abroad, organised in order to determine the trade union organisations called to To be represented on the ministerial Joint Technical Committee of the Ministry of Foreign 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
. Shall be fixed for each vote by order of the Minister for Foreign Affairs.

Article 2 Read more about this Article ...


Voters:
-employees in positions of activity who perform their duties on the date of consultation in the services of the Ministry of Foreign Affairs in France or abroad, in the Cultural institutions abroad under the Ministry of Foreign Affairs, as well as agents belonging to another administration seconded or made available in functions in such services or establishments;
-agents not Holders whose contract is governed by French or local law, in the position of activity, employees in the services of the Ministry of Foreign Affairs in France or abroad as well as in cultural establishments abroad covered by the Ministry of Foreign Affairs;
-officials and non-incumbent agents paid by the Ministry of Foreign Affairs within the network of French alliances;
-officials and non-incumbent agents performing, at Purpose of the aforementioned law of 13 July 1972, a cooperation mission to foreign States.
The non-incumbent agents referred to in the preceding paragraphs must be recruited for a period of more than six months and be in office since then Less than three months at the date of the consultation.

Item 3 Learn more about this Article ...


The list of electors is stopped by the Director General of the Administration of the Ministry of Foreign Affairs.
This list is posted at the headquarters of the Ministry of Foreign Affairs. In diplomatic missions, consular posts and cultural institutions abroad at least 50 days before the date of the consultation.
Within eight days of the posting, electors may verify the Applications and, where applicable, submit applications. 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 Read more about this Article ...


May present to the consultation provided for in Article 1 of this Order the trade unions of officials referred to in the fourth paragraph of Article 14 of the Act of 11 January
referred to above. If none of these trade union organisations submit applications or if the number of voters, found by the votes cast on the list of electors, is less than half of the staff called to vote, a second ballot shall be held
This second ballot shall, where appropriate, take place on a date fixed by order of the Minister for Foreign Affairs, in accordance with the time limit laid down in the third subparagraph of Article 11a The aforementioned decree of 28 May 1982.

Article 5 Learn more about this Article ...


For the first ballot, nomination papers shall be deposited with the Director General of the Administration of the Ministry of Foreign Affairs, within a minimum period of seventy days before the date of the Election. 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.
Such applications shall indicate 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 established in accordance with the model provided by the Administration.
The use of the names, abbreviations and logos of the candidate trade unions is permitted on the Ballot.
Nomination papers are the subject of a receipt given to the delegate.

Where the administration finds that a trade union organization does not meet the conditions set out in the third and fourth paragraphs of the Article 14 of the abovementioned Act of 11 January 1984, it gives its delegate a reasoned decision declaring the application to be inadmissible. This decision shall be given no later than the day following the deadline for the application.
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 The Minister for Foreign Affairs.

Article 6 Learn more about this Article ...


Applications meeting the conditions set out in Articles 4 and 5 of this Order shall be posted at the Head Office of the Ministry of Foreign Affairs within two days of the date of Closing of the deposit. They are posted in diplomatic and consular posts as well as in cultural institutions abroad.

Article 7 Read more about this Article ...


Ballot papers 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 poll to all voters, with the possible professions of Faith (format A 4, duplex).

Item 8 Learn more about this Article ...


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: On the site of La Pérouse, one in Nantes, one at the Quai d' Orsay, one on the site of Boulevard Saint-Germain and 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.

Article 9 Read more about this Article ...


The central polling station shall comprise a President and a Secretary designated by the Director General of the Administration of the Ministry of Foreign Affairs and, where appropriate, a delegate of each The
divisions include 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 organization Candidate.

Article 10 Read more about this Article ...


Election operations are conducted publicly, at work premises, from 9 a.m. to 5.30 p.m.
Voting takes place by secret ballot on sigle and under wraps.
Agents based on Headquarters vote in the ballot box or by mail.
Officers based abroad vote by mail. 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.

Article 11 Learn more about this Item ...


Mail voting is done under the following conditions:
The elector inserts his or her ballot in a first envelope (envelope 1). This envelope, of a model fixed by the administration, shall not bear any distinctive mention or sign. It inserts this envelope, which is previously closed and which may be purchased, in a second envelope (envelope No 2) on which the elector's number, names, names, assignments and signatures must be included. This sealed envelope shall be placed in a third envelope (envelope No. 3) which the elector addresses, by post, by diplomatic bag or by any means at his or her convenience, at the central polling station.
Envelope No. 3 must be sent to the office of Central vote before election closing time.

Item 12
Election day, the polling divisions, after collecting votes in the ballot box, establish a census record that they transmit, without delay, with all the ballots, to the polling station Central responsibility for general enumeration and counting.

Article 13 Read more about this Article ...


On election day, the central polling station opens the mail envelopes (envelopes # 3).
The envelopes # 2 received under the signature are unopened without being opened Of the same agent, envelopes no. 2 on which the elector's name or voter number and the voter's signature or on which the elector's name is illegible in the absence of the elector number.

Item 14
At the end of the vote, the central polling station shall conduct a census of the votes by correspondence under the following conditions: envelopes No. 2 shall be opened. As the envelopes 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. In case of necessity, additional ballot boxes are used.
The envelopes # 1 received in multiple numbers under the same envelope No. 2, the non-regulatory envelopes n ° 1 and the envelopes # 1 are not opened. A reference or a distinctive sign. The names of the voters from which these envelopes are issued are not on the voters list.
Also, the number 2 envelopes of voters who took part directly in the vote are not available. 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. Enclosed to this record are the envelopes No 2 that have been set apart without being opened.
The envelopes # 3 received after the closing time of the poll are similarly unopened. The votes after the enumeration provided for in this Article shall be returned to the persons concerned with the date and time of receipt.

Article 15 Learn more On this item ...


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

Article 16 Read more about this article ...


At the counting of the votes, are not counted in the ballots validly cast the white papers, the ballots found in the ballot box without an envelope, Ballots that are raturated, shredded or marked with signs of recognition, the multiple ballots contained within the same envelope and designating different union organizations, the ballots not conforming to the standard model.

Item 17 Learn more about this Article ...


The central polling station accounts for all the votes that have been cast on the union organizations in the presence.
It makes the distribution of seats according to the rule of the proportional Shall, without delay, declare the results of the consultation.
It shall draw up the general minutes of the electoral operations on which the number of registered voters shall be carried, the number of voters, the number of votes validly Votes, the number of blank and void votes and the number of votes obtained by each trade union organization in attendance. Enclosed to this record are the envelopes number 1 apart without being opened and the blank or spoiled ballot papers.

Article 18
An order of the Minister for Foreign Affairs shall determine the trade union organisations to be represented on the ministerial Joint Technical Committee, the number of seats to be allocated to each of them and The time limit for the appointment of staff representatives.
It shall be allocated to each trade union organisation a number of seats of alternate representatives equal to that of the seats of the holding representatives obtained by that organization In accordance with the preceding paragraph.

Article 19
Without prejudice to the provisions laid down in the eighth paragraph of Article 14 of the aforementioned Law of 11 January 1984, objections to the validity of the staff consultation shall be lodged, within a period of five Days after the declaration of the results, before the Director General of the administration of the Ministry of Foreign Affairs and, where appropriate, before the administrative court.

Item 20
The Director General of the Administration 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, January 16, 2006.


The Minister of Foreign Affairs,

For the Minister and delegation:

The Director General of Administration,

A. Pouillieute

The Minister of the Public Service,

For the Minister and by delegation:

By preventing the Director General

from administration and the public service:

The Deputy Director,

A. Wagner


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