Upon arrival 50 62 bulletins were cancelled

Act No. 2008-789 dated August 20, 2008 changed the rules governing trade union representation and the representation of staff in the company thoroughly. None of the mechanisms has been spared, beginning with the professional elections. Nevertheless, it is a point at which it has not affected, this is the mode of election. It is always a vote of two-round list College by College. The first round is still the object of what is called the "closed shop": only the lists presented by unions are accepted in the first round, the Act of August 2008 bringing however a significant change, all trade union organizations and not only those that are representative, may occur.

The second round, however, escaped the cyclone of reform: it is accessible not only to the Trade Union lists, but free applications. There is no less a list vote and this is what the candidates as voters have difficulty to understand.

The normal trend, when it was decided to stand in the elections as a candidate without trade union membership, it is to go there alone. He rarely came to the idea of these "free electrons" to come together to form a set list. However, electoral mode in the second round remains a list vote and each person individually present is an incomplete list.

So far, the Court of cassation rigorously applied the logic of list. Each voter could vote for a list. She said very clearly in a judgment of 7 May 2003. A company had organized a second round to fill two positions of incumbents. All candidates presented individually. Voting operations, a large portion of voters dropped two ballots in the envelope. Upon arrival, 50 62 bulletins were cancelled. The Court had tried to find a solution to take into account the envelopes containing two or three ballots. The Court of cassation the censura in one clear sentence: "whereas... any individual application is a list and that the combination of lists is not allowed, votes cast by several ballots contained in the same envelope were not valid.".

Reversal in a judgment of September 24, 2008, no. 08-60 004. A second round is organised in the "frames" of a Business College. There are two positions to be filled and four individual nominations. However, stated in, there is in this business use "for each elector to insert in the same envelope as many ballots as there are seats to be filled when these ballots are established for each of the candidates presenting themselves individually". Considering that this usage "is not contrary to law", the Court of cassation invalid ballot.

Use accurate and recognized

It must obviously be qualify the scope of this decision. In particular, it should be noted that there was in the company recognized and specific use which did mix in cases where applicants were individually. This usage fell as soon as at least a true list of candidates having two names arose.

Nevertheless, it is regretted that the Court of cassation is disposed of its legendary rigour. Once it is recognized that use may deviate from the law, even more must reason authorize it in a pre-election agreement protocol. All the excesses become possible and we know how the negotiators can be imaginative. We have already seen, for example, for the second round, training systems of the lists in order of chronological or the possibilities of mixing and matching of one list to another, each voter is concocting its own list! If drift there is, in any case, it will not be able to reach the first round of the election of the Committee. It, since the latter Act is only elected representatives of the staff, it is also used to measure the hearing of the trade union organizations to assess representativeness. No question, therefore, tolerate any mix.

The "all-negotiation" is fashionable but there are times where it said that a little bit of absolute public order does not interfere!