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Decree Of 5 February 2002 Setting The Terms Of A Personnel Consultation To Determine Trade Union Organizations Called To Be Represented At The Central Joint Technical Committee Of The Centre For Employment Studies

Original Language Title: Arrêté du 5 février 2002 fixant les modalités d'une consultation du personnel afin de déterminer les organisations syndicales appelées à être représentées au comité technique paritaire central du centre d'études de l'emploi

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JORF No. 35 of 10 February 2002 Page 2750
Text No. 25


ARRETE
Decree of 5 February 2002 laying down the arrangements for a consultation of staff in order to determine the trade union organisations to be represented on the Central Joint Technical Committee of the Centre Job studies

NOR: MESO0210060A ELI: http://www.legifrance.gouv.fr/eli/arrete/2002/2/5/MESO0210060A/jo/texte


Minister of Employment and Solidarity, Minister of Public Service and State Reform and the Minister of Research,
Law No. 83-364 of 13 July 1983 laying down the rights and obligations of civil servants, together with Act No. 84-16 of 11 January 1984 laying down statutory provisions relating to the civil service of the State;
Having regard to Decree No. 82-452 of 28 May 1982, as amended by Decree No. 84-956 On 25 October 1984, relating to the Joint Technical Committees, in particular Articles 8 and 11 (2nd paragraph);
In view of the Decree of 5 September 1986 establishing the Central Joint Technical Committee with the Director of the Centre for the Study of Jobs,
Stop:

Article 1


A staff consultation at the Employment Centre is organised, pursuant to Article 11, second Paragraph, of the decree of 28 May 1982 referred to above, in order to determine the trade union organisations to be represented on the Central Joint Technical Committee of the Employment Study Centre.
The date of the vote shall be 9 April 2002 (of 13 Hours at 3 p.m.).

Article 2


Voters:
-Incumbents belonging to the Job Study Centre and Officials seconded or made available to that service, excluding agents in the position of availability, parental leave or end-of-business leave;
-non-public servants employed by the service and Benefiting from an open-ended contract or recruited on a temporary basis for a minimum period of six months and whose presence in the services of the EEC, assessed on the closing date of the lists of electors, is at least seventy-five hours On a monthly basis, excluding agents on parental leave or on leave without pay.

Article 3


The list of electors is stopped at the March 19, 2002 by the Director of the Employment Studies Centre.
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, Submit applications for registration. Within the same period and for three days after its expiry, claims may be made against entries or omissions on the list of electors.
The Director shall act without delay on such claims.

Article 4


In the context of the consultation provided for in Article 1 of this Order, organizations may Trade union of officials referred to in the first paragraph of Article 14 of the aforementioned Law of 11 January 1984.
If none of these trade unions present a candidature or if the number of voters, established by the List of electors, is less than half of the voting staff, it is organized a second round to which any trade union of employees may participate.
This second round is fixed at a date to be fixed by the order of the Minister of Employment and Solidarity and the Minister of Research.

Article 5


For the first round, the nomination papers Must be sent to the Director of the Employment Studies Centre no later than February 28, 2002, at 12 o'clock.
These applications may be accompanied by a profession of faith and must include the name of a delegate, who is authorized to represent Union organization in all electoral operations.
Nomination papers are given to the delegate.
If a second ballot is held, the nomination papers will have to be filed under the same conditions No later than a date to be specified by order of the Minister of Employment and Solidarity and the Minister of Research.

Article 6


Applications that meet the conditions set out in Articles 4 and 5 of this Order shall be posted on the premises of the institution concerned within two days after the closing date for applications.

Article 7


A central polling station is set up with the director of the employment centre.
The central polling station Sees the quorum, the counting of the votes and the declaration of the results.

Article 8


The central polling station Includes a chairperson, the head of the administrative department or his or her representative, and a secretary designated by the chairperson, and possibly a delegate from each list in the presence.

Article 9


Election operations are conducted publicly in the workplace and during the hours of service.
Voting by secret ballot on sigle and under envelope. Ballots and envelopes shall be drawn up by the administration according to a model model.

Article 10


Voting may take place By correspondence under the following conditions:
The ballots and the necessary envelopes shall be transmitted to the persons concerned fifteen clear days at least before the date fixed for the elections.
The elector inserts his 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 may not be purchased, in a second envelope (so-called envelope 2) on which its name, first name, assignment and signature must be included. This mandatory sealed envelope is placed in a third envelope (envelope No. 3) that it addresses by post at the polling station on which it depends.
Envelope No. 3 must reach the polling station before the closing time of the poll.
A The outcome of the vote, the polling station shall carry out the enumeration of the votes by correspondence. Envelopes n ° 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 agents who voted directly to the ballot
. And shall be annexed to the Minutes of the envelopes No 3 reached after the closing time of the poll, the multiple envelopes reached under the signature of the same agent, the envelopes n ° 1 reached in multiple numbers under one Envelope No 2 and the envelopes No 1 marked with a distinctive mark or sign. The names of the electors from these envelopes are not put on the voters list.
Also, without being open, the envelopes of electors who took part directly in the vote are not open. In such a case, postal voting shall not be taken into account.
The polling station shall draw up a record of the transactions in the identification of votes by correspondence. The following shall be appended to this record the envelopes that have been set apart without being opened.
The votes obtained after the above enumeration shall be returned to the persons concerned with the date and time of receipt.

Article 11


The central polling station sees the number of voters from the mailing list.
If the number of voters is equal Or more than half of the number of registered voters, the central polling station shall, without delay, proceed to the counting of the votes.

Article 12


At the counting of the ballots, are not counted in the ballots validly cast the blank ballots, ballots found in the ballot box without envelopes, rature, torn, or marked with signs of Recognition, multiple ballots in the same envelope and designating different trade union organizations.
A record of the counting operations is established, to which bulletins are deemed to be void.

Item 13


The central polling station records all the votes cast on the union organizations in the presence.
It shall draw up the minutes of the electoral operations on which the number of electors, the number of voters, the number of valid votes cast, the number of votes cast and the number of votes obtained by each organization shall be carried. Union in attendance. The minutes shall be appended to the minutes without being open and the ballots invalid.
It shall proclaim, without delay, the results of the consultation.

Article 14


Without prejudice to the provisions of the sixth paragraph of Article 14 of the aforementioned Law of 11 January 1984, challenges to the validity of the staff consultation are Within five days of the declaration of the results, before the director of the employment studies centre with which the Joint Technical Committee is established and then, where appropriate, before the administrative court.

Article 15


Taking into account the results of the consultation, an order of the Minister of Employment and Solidarity and the Minister of Research determines the trade union organizations to be represented on the Central Joint Technical Committee of the institution, as well as the number of seats to which they are entitled.

Article 16


The Director of the Employment Centre is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.


Done at Paris, February 5, 2002.


The Minister of Employment and Solidarity,

For the Minister and delegation:

By preventing the

Director from

General Administration and Service Modernization:

The Human Resources Assistant,

P. Sanson

Public Service Minister

and State Reform,

For the Minister and delegation:

By preventing the Director General

from administration and the public service:

The Deputy Director,

Y. Chevalier

The Minister of Research,

For the Minister and by delegation:

The Director of Research,

R. Schwartz


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