02.18.16

Team Battistelli Tries to Bend the Rules to Prevent the European Patent Office From Going on Strike

Posted in Site News at 2:13 pm by Dr. Roy Schestowitz

Summary: The Central Staff Committee of the European Patent Office refuses to be intimidated by Battistelli’s inner circle and insists on the right of staff to go on strike next month

TWISTING the law in its own favour isn't atypical a practice at Battistelli’s EPO (the high-level management). The man revels in autocracy. One person asked me today: “Is there any truth in rumours that the big man has gone?” Rumours that Battistelli has been sacked or resigned (sounds familiar) are most likely false. As one person put it, “the place is bristling with rumours following yesterday’s B28 meeting.

“There is something going on, but I can’t separate the wheat from the chaff.

“All I can say is that it appears to have been a very rough meeting.”

One thing we do know is that as of yesterday, there was a fight over staff's intent/thoughts of going on strike. The following letter is self-explanatory as context is included/alluded to:

European Patent Office | 80298 MUNICH | GERMANY

Ms Elodie Bergot
PD Human Resources
Isar – R 718

Interlocutor and representatives to the ballot committee

Dear Ms Bergot,

We refer to your e-mails of Friday 12 February 2016, one addressed to us and one addressed to the colleagues who signed a recent call for strike in accordance with Circular No. 347, initiated and organised by staff (Annex 1).

In the above-mentioned mails you acknowledge that the quorum of 10% of staff has been reached and confirm that the Office will organise a ballot within one month, i.e. on 9 March at the latest.

The call for strike designates an external lawyer as the contact person representing the undersigned. In the e-mail to the petitioners, you state that “strike shall be a means of last report and the time of preparation of the ballot should be used to discuss the claims presented in the call for strike.”

According to your mail “external attorneys cannot be considered as social partners to engage into meaningful discussions regarding to EPO’s internal matters.” The petitioners are therefore invited to designate representatives from among active EPO staff members.

We wish to point out the following:

  • There is no basis in law or in reason to reject any given person as an interlocutor. Specifically, there is no rule dictating that the European Patent Office
    interlocutor must be an active EPO staff member.
  • It is not clear how the petitioners could designate their representatives. The petitioners do not know each other and in any case cannot send e-mails to more than 50 persons with their EPO e-mail account.

  • The petition concerns central staff matters. The CSC is the elected staff representation responsible for central matters.

In order to avoid endangering the strike ballot, the external lawyer has asked the CSC to accept delegation of his mandate for any further process or action with regard to the upcoming procedural steps foreseen by the EPO administration. We intend to accept this delegation.

Concerning the mail addressed to us, we designate the following representatives to the ballot committee:

Stéphane Écolivet
Ansgar Wansing

Yours sincerely,

The Central Staff Committee

We confirm that this letter was legitimately decided and produced by the Central Staff Committee1.

__________
1 Pursuant to Article 35(3) ServRegs, the Central Staff Committee shall consist of ten full and ten alternate members.

The CSC presently consists of 17 members, because two have resigned in Dec 2014 and one has been dismissed in Jan 2016 (against the recommendation of the Disciplinary Committee).

One full member of the CSC has been downgraded in Jan 2016 (against the recommendation of the Disciplinary Committee). In fact, the Office has launched investigations and disciplinary procedures against other Staff representatives as well, affecting negatively their health.

Here is the original with all the signatures included:

Letter to Bergot - page 1

Letter to Bergot - page 2

Letter to Bergot - page 3

Letter to Bergot - page 4

Stay tuned as there’s more on the way.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Links 27/11/2020: Jolla is 7, Diffoscope 162, MNT Reform Production

    Links for the day



  2. The Time Coronavirus Helped EPO Management Prevent Staff From Protesting and Going on Strike (March 26th)

    "In view of the spreading of the New Corona Virus, the planned General Assemblies have to be cancelled," the Staff Union of the European Patent Office (SUEPO) wrote in the wake of the crisis across Europe back in March (weeks ahead of a planned strike)



  3. Guarding Your Privacy With E2EE: Primer

    "As with all security, there is assumed risk no matter how careful you are. There are no security guarantees but that doesn't mean you shouldn't try."



  4. Links 27/11/2020: Systemd 247 and Cockpit 233

    Links for the day



  5. A Free Speech Deficit Harms Software Freedom

    Free software and Software Freedom cannot possibly succeed if we keep accepting or even just tolerating systematic censorship of opinionated people in our community; failing to speak out on this matter (for fear of supposedly offending someone, risking expulsion) is part of the problem — complicity by passivity



  6. Perception of Difficulty

    New poem by figosdev



  7. IRC Proceedings: Thursday, November 26, 2020

    IRC logs for Thursday, November 26, 2020



  8. Cartoon: After Gambling With Workers' Savings the EPO Can Do Real Estate

    New EPO cartoon from EPO insiders (the one on the right certainly looks a lot like António Campinos and the one on the left can be his EUIPO ‘import’ or Benoît Battistelli‘s INPI ‘import’)



  9. Free as in Freedom Should Not be Associated With Cost

    It's important to remind people that so-called 'free' services (Clown Computing, centralised spaces that 'farm' their so-called 'users') aren't really free; we need to advocate freedom or free-as-in-freedom alternatives



  10. [Meme] UPC's Pyrrhic Victory

    Contrary to what Team UPC says, what happened earlier today is hardly a breakthrough



  11. Many Thanks to Free Software, the Demise of Software Patents (in Europe and the US), and So Much More

    On a positive note we're heading into the end of November, one month before Boxing Day; we take stock of patent affairs that impact software developers



  12. Links 26/11/2020: PHP 8.0, Proxmox VE 6.3, UNIGINE 2.13

    Links for the day



  13. 29,000 Blog Posts and Recent Site Improvements

    Over 29,000 blog posts have been posted here, but more importantly we've made the site a lot more robust and resilient, accessible in more formats and protocols (while improving transparency, too)



  14. [Meme] Trump is Out. Now It's Time to Pressure the Biden Administration/Transition Team on Software Freedom Issues.

    The Biden transition is in motion and tentative appointments are underway, based on news reports (see our Daily Links); now is the time to put pressure, e.g. in the form of public backlash, to ensure it's not just another corporate presidency



  15. Boycott ZDNet Unless You Fancy Being Lied to

    ZDNet's Catalin Cimpanu continues to lead the way with misinformation and lies, basically doing whatever he was doing to land that job at ZDNet (after he had done the same elsewhere)



  16. The UPC and Unitary Patent Song

    On goes the UPC symphony, as the Unified Patent Court (UPC) is almost here, always coming "real soon!"



  17. Open Letter to the German Greens on UPC and Software Patents: Don’t Betray Your Voters and Your Promises, or You Will Regret it

    Dear Members of the German Greens in the Bundestag. By Benjamin HENRION.



  18. [Meme] One Step Away From Replacing Patent Examiners With 'Hey Hi' (AI)

    If it's not legal for 'Hey Hi' (AI) to get a patent, why should it be legal for patents to be granted by those who are invisible (and sometimes in de facto house arrest)?



  19. European Patent Office (EPO) Reduced to 'Justice Over the Telephone' and Decree by E-mail

    The EPO is trashing the EPC and everything that the Office was supposed to stand for, as it wrongly assumes demand for monopolies (typically from foreign corporations) comes before the rule of law and Europe's public interest



  20. Making Free Software Work for Users

    The latest reply to a non-developer concerned about software freedom; guest post by figosdev



  21. IRC Proceedings: Wednesday, November 25, 2020

    IRC logs for Wednesday, November 25, 2020



  22. Links 26/11/2020: AV Linux 2020.11.23 and Blender 2.91 Release

    Links for the day



  23. Links 25/11/2020: GamerOS and Biden Transition in Motion

    Links for the day



  24. An Orwellian December

    With December around the corner and states tightening the screws on the population (or employers on employees) at least we can look forward to spring



  25. The Non-Technical (or Lesser Technical) Software User That Wants Software Freedom

    Assuming that Free software should care about what users — not only developers — really want (and need) it’s important to understand how they view the current situation (with growing waves of corporate takeover and compromises, even expulsions)



  26. The European Patent Office Should be Run by Patent Examiners (Scientists), Not Politicians

    Europe would be better off (and patent quality much improved) had people with an actual grasp of science and reality were in charge of the EPO, not a money-chasing kakistocracy (which is what we have now)



  27. Member of the EPO's Boards of Appeal Explains Why VICOs (or ViCo/Video Conferences/Virtual 'Hearings') Are Not Suitable for Justice

    It's interesting to hear (or see/read) what people inside the EPO have to say about the "new normal" when they enjoy a certain level of anonymity (to avert retribution)



  28. Open Source Initiative (OSI) Co-founder Bruce Perens: Open Invention Network (OIN) is Protecting the Software Patent System From Reform and OSI Approves Faux 'Open' Licences (Openwashing)

    Richard Stallman was right about the OSI and the fake 'movement' that claims to have 'coined' the term "Open Source" (it wasn't a new term at all; it had been used in another context and the Free software community spoke of things like "Open Hardware" years earlier)



  29. IRC Proceedings: Tuesday, November 24, 2020

    IRC logs for Tuesday, November 24, 2020



  30. Making JavaScript Suck Less

    "Other than that, the first rule of JavaScript is: Do not use JavaScript. But this article is for people who break the first rule."


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts