Step III : Communication of the date
of the social elections

Based on the previous communications , consultations and
– possibly – decisions of the employment tribunal, a number of basic elements regarding the organization of social elections were determined definitely, particularly the composition of TEU(’s) at the level of which the social elections will be organized, the functions of the executive staff, and regarding the elections of the WC, the functions of management.

Based on these – in the meantime fixed – basic elements, some data have to be communicated to the employees
in this step III.

These communications shall be posted in the various departments of the company on the 90th day before the date of the elections, or in our hypothesis on 7 February 2012 (*). If the elections take place for more than one day, the first day shall be taken into account. The posting can be replaced by an electronic document, provided that all employees have access hereto during normal working hours. The responsibility regarding these posting lies with the CPPW regarding the elections of the CPPW, with the WC regarding the elections of the WC, and, in the absence of (one of) both, with the employer.

For these communications, the templates are used, which are available on the Website of the Federal Public Service for Employment, Work and Social Dialogue (FPS EWSD):
http://www.werk.belgie.be/es-sv/socialeverkiezingen.aspx (D), or
http://www.emploi.belgique/es-sv/electionssociales.aspx (F).
A transcript of these communications will be uploaded through the online application :
http://appsv2012.belgie.be (D); or
http://appes2012.belgique.be (F), on the website of the (FPS EWSD).
Through this application, these data will be automatically made available to the inter-professional representative trade unions (ACV/CSC, ABVV/FGTB and ACLVB/CGLSB). The same applies for the inter-professional representative organizations for management personnel (NCK/CNC), with respect to the data relating to the elections of the WC. The data can also be sent to these organizations, to the addresses stated listed on the aforementioned templates.

The communications relate to the following data:

the date and the time schedule of the elections; if no agreement can be reached thereon within the CPPW or the WC, then this date and schedule shall be determined by the head of district of the General Inspection Services of the social laws, where the company is established;

the address and the name of the TEU(s) at the level of which the elections of the CPPW and the WC are held; the statement of one address per TEU at the level of which the elections are held is sufficient;

the number of mandates per category of the CPPW or the CW; - the white collar and blue collar are separate categories in respect to the CPPW;
- the blue collar and white collar, who have not reached the age of 25 on the day of the elections constitute a separate category “young workers”, given that they are at least with 25 in total; the number of mandates of this category depends on the number of “young workers” and the entire workforce of the TUE;
- Concerning the WC, the management staff constitute a separate category provided that they are at least with 15 and that the total number of white-collar workers is at least 30; the number of mandates, which is in that case assigned to the management staff, will even so be determined in function of the number of management staff members and the entire workforce of the TUE;

the person or service made responsible by the employer for sending or distributing the convocations regarding the elections;

You can find hereunder the template for the aforementioned communications by clicking on :
- CPBW.X.A (D) or CPPT.X.A. (F) regarding the CPPW, and,
- OR.X.A (D) or CE.X.B. (F) regarding the WC.
On this template the following wording must be mentioned: “In order to give the delegation to be elected a truly representative character, all employees have the duty to participate in the vote”.

the provisional list of voters per category (“blue-collar workers” – “white-collar workers” – and if appropriate, “young workers” – if appropriate, for the WC “managementn staff”) or the places where these can be consulted; in order to be entitled to vote, the employee must be employed for at least 3 months in the legal entity or in the TEU, composed of various legal entities; an employee ranks among the category “white-collar worker” or “blue-collar worker” depending on the declaration to the NOSS; only employees who exercise a function as described in the previous communication and indicated in the NOSS declaration as “executive”, can be qualified as “manager”; each list of voters is drawn up in alphabetical order of the names of the voters stating the name, surname and date of birth, the date of employment and his place of work within the company; a number is assigned to each employee of the same category;

You will find this template,
- regarding the CPPW, by clicking on CPBW.X.B. (D) or CPPT.X.B. (F) and,
- regarding the WC, by clicking on OR.X.B. (D) or CE.X.B. (F).

the nominative list of members of executive staff stating the name and the content of functions or places where these can be consulted; the eligible functions are those specified in the communication referred to in step 2;

You can find the appropriate template by clicking on :
- CPBW.X.C (D) or CPPT.X.C. (F) regarding the elections of the CPPW, and on
- OR.X.C (D) or CE.X.C. (F) regarding the elections of the WC.

moreover, regarding the elections of the WC, the nominative list of the members of management staff, as provided above; the employees included in the list of “young workers” are not included in the list of the managers, even if they exert an executive function;

the appropriate template is available here by clicking on OR.X.D. (D) or CE.X.D. (F)

finally; the dates relevant to the conduct of the election procedure must be stated; for these dates reference is made to template CPPW.X.D. (D) or CPPT.X.D. (F) regarding the CPPW and to template OR.X.E. (D) or CE.X.E. (F) regarding the WC; each time the exact date, determined in function of the date on which the elections are held in your company, must be completed (“X” is the date on which the communications above are posted, or the 90th day prior to the date of the elections; “Y” is the date of the elections).

During the 7 days following the date of posting, or in our hypothesis until 14 February 2012(*), the representative trade unions and the employees may object to the provisional list of voters, the determination of the number of mandates, and the division per category, the list of executive staff and the list of management staff. If no objections are made within this term, these data shall be final as of that date.

Within the next 7 days – in our hypothesis, 21 February 2012 (*) – the CPPW or the WC, as the case may be, must rule on possible objections, and, in case of acceptance, must alter on the day of answer. If there is no CPPW and/or WC, this responsibility rests with the employer. In case of absence of a CPPW and/or WC, the decision must also be communicated to the representative trade unions.

Within the term of the next 7 days – in our hypothesis, 28 February 2012 (*) – the representative trade unions and employees concerned can lodge an appeal against the decision or possible absence of decision before the employment tribunal. If no appeal is lodged, the provisional list of voters, the determination of the number of mandates and the division per category, the list of managerial staff and the list of executive staff are final as from that date.

The employment tribunal needs to render a judgment within 7 days following the receipt of the appeal, or in our hypothesis at latest on 6 March 2012 (*). No appeal, nor opposition is possible against this judgment. In the given case, the provisional lists of voters, the determination of the number of mandates and the division per category, the list managerial staff and the list of executive staff, shall be altered in accordance with the judgment and therefore will be final on the day of pronouncement of the judgment.

And now, just wait for the list of candidates!

Marcel HOUBEN - marcel.houben@peeters-law.be