EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

03.10.16

Central Staff Committee of the European Patent Office Asks the Chairman of the Administrative Council to Take Action Next Week or Risk General (Office-Wide) Strike

Posted in Europe, Patents at 3:30 pm by Dr. Roy Schestowitz

Benoît Battistelli is not genuinely interested in defusing the situation (cruel witch-hunts persist), so now the ball is in Kongstad’s court

Strike item

Summary: Rather than go on strike next week (there will be a protest, but not a strike) the staff representatives of EPO ask Mr. Jesper Kongstad to tackle urgent issues in order to prevent the strike

The above image, sent to us by an anonymous reader with the French text explained, “shows how the rules Battistelli [EPO President] imposed in 2013 for the purpose of impeding strikes backfired.”

As a recap, explained this reader, “nowadays you have to humbly file a petition to the Prince. If the Prince thinks the petition to be worthy of his attention (and His Highness decided twice not to pursue the matter), then He will organise himself a vote.

“And the ballot now takes place in your own office, during work hours, on EPO supplied computer equipment, with extremely limited voting by proxy provisions.”
      –Anonymous
“And the petition can be neither circulated by E-mail, nor discussed on the workplace, unless one is interested in a very short or limited career.

“And the ballot now takes place in your own office, during work hours, on EPO supplied computer equipment, with extremely limited voting by proxy provisions.

“And if the vote goes through, your salary is docked for a duration longer than the strike itself.

“Yet those idiots still don’t get the point.”

As explained by another person, reflecting/remarking on the results of the recent ballot:

This result is remarkable for the following reasons:

  • first because the ballot received little publicity: being organised by the Office according to its extraordinary practice – which to our knowledge is unique in any developed world – it received little publicity. It should also be noted that, while supporting the claims therein, neither the Union (SUEPO) nor the Staff Committee expressly championed the cause of this “grass-root” initiative – staying neutral, the institutions have merely encouraged Staff to make use of their democratic right.
  • Secondly because there was a general concern that the electronic voting itself and confidentiality of the votes could not be guaranteed: despite the present atmosphere of fear that reigns nowadays in the EPO, colleagues have participated in large numbers

Wait and watch how Battistelli et al try (not necessarily with success) to put more obstacles in order to prevent staff from going on strike. They have done this for weeks if not months (here is the more recent example of that).

“I think you’ll find that is the practice whereby BB [Battistelli] acts as a barrier to the AC [Administrative Council],” one person wrote a short while ago. “Interestingly there seems to be points on the B28 [Board 28] agenda about governance and the AC secretariat, which is provided by the office i.e. under BB’s general control. Don’t know why that is now an issue but clearly is.”

“…despite the present atmosphere of fear that reigns nowadays in the EPO, colleagues have participated in large numbers…”
      –Anonymous
Having navigated through various documents, including those pertaining to so-called ‘union recognition’ (there was no such intention with respect to SUEPO from Battistelli, as it was merely theatrical, probably intended to appease the Council), we are increasingly concerned that EPO workers still don’t deal with rational management. They deal with tyrants disguised as professionals — people who would allegedly even bribe in order to buy support. If your negotiation ‘partner’ plays so dirty, is it safe enough to play clean yourself? Is it possible at all?

Not too long ago we managed to get our hands on a letter sent to Mr. Kongstad, who is growing impatient with Battistelli. Here is what this letter says:

European Patent Office | 80298 MUNICH | GERMANY

European Patent Office
80298 Munich
Germany
Central Staff Committee
Comité central du personnel
Zentraler Personalausschuss
Tel. +49 -89- 2399 – 4355
+43 -1-52126 – 305
+49 -30-25901 – 800
+31 -70-340 – 2028
centralSTCOM@epo.org
Reference: sc16039cl – 0.3.1/4.1
Date: 09.03.2016

To the Chairman and the Heads of
Delegations of the Administrative Council
of the EPO

Strike ballot results 08.03.2016 – Next steps

Dear Mr Kongstad,
Ladies and Gentlemen,

In a ballot organised yesterday, Staff of the European Patent Office voted overwhelmingly (91%) in favour of a strike. Staff has chosen the CSC as their interlocutor for the strike petition (see Annex). Unfortunately, no meaningful dialogue with the current management has been possible.

Next week the 147th meeting of the Administrative Council will take place in Munich. Since a strike should be a means of last resort, EPO staff is expecting a clear signal from the Council that will de-escalate the current crisis.

We also welcome any opportunity to relaunch the social dialogue through negotiation with serious partners. Therefore, we propose that a meeting should be organised between a delegation of the Council and a delegation from our side to address the concerns of staff.

Yours sincerely,
The Central Staff Committee

Annex: Call for Strike “Lawfulness at the EPO”

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 9 full and 8 alternate members, because two have resigned in December 2014, one has been dismissed in January 2016 (against the recommendation of the Disciplinary Committee) and one refused replacement of a full member against Article 7(3) of Circular 355.

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 several other Staff representatives as well, affecting negatively their health.

It is worth noting, in addition to the above, that dissent against the management is at an all-time high by some measures.

As pointed out by one person, “history of votes “against” a proposed strike (/participants)

· 26.09.13: 306 (/ 4640)
· 13.03.14: 266 (/ 4119)
· 23.10.14: 353 (/ 3553)
· 08.03.16: 219 (/ 4062)

“This is the lowest result so far!”

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

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. More French Politicians Are Complaining That Benoît Battistelli is a Disgrace to France and Urge for Action

    The backlash against Battistelli spills well outside the EPO and is now apparent even at the French National Assembly



  2. Links 3/12/2016: Mageia 5.1 Released, Mozilla Revenue at $421.3M

    Links for the day



  3. Canadian Intellectual Property Office (CIPO) Sees Decline in Patent Applications and It May Actually be a Good Thing

    Challenging the false belief that the more patents society has the better off it will be, citing examples and news from north America



  4. Blockchain Domain Infested With Software Patents, MasterCard Among the Culprits

    Worrying signs that an area of Free/Open Source software innovation is getting impacted by the plague of software patents



  5. Dutch Media Covers Latest EPO Scandals, German Media Totally Absent (a Media Blackout of Convenience)

    Our observations regarding the apparent media disinterest in EPO scandals, especially at the very core of the EPO (principal host country)



  6. Relocating the Boards of Appeal to Haar is a Poisonous Priority at Battistelli's EPO

    Revisiting Battistelli's effort to chop off the appeal boards that are necessary for ensuring patent quality at the EPO



  7. Links 2/12/2016: Mint Betas, Chrome 55, KDevelop 5.0.3, PHP 7.1.0

    Links for the day



  8. The Rule of Law and Justice Don't Exist Inside the EPO, Confirms the International Labour Organisation (ILO)

    Further analysis of the latest rulings from the ILO -- decisions that were long expected



  9. A Day in the Life of... Battistelli's Banana Republic

    This is part 5 of a fictional diary from the EPO



  10. Links 1/12/2016: Devuan Beta, R3 Liberates Code

    Links for the day



  11. Two ILO Decisions on EPO Cases Are Released, at Least One Judgment is Considered Good for Staff

    Years later (as justice is too slow, partly because of the EPO, being the principal culprit that clogs up the ILO's tribunal system) there is a couple of new judgments about EPO abuses against staff



  12. Dutch and French Politicians Complain About the European Patent Office, British Media Coverage Regular Now

    Pressure from the political systems, the scientific community and from the media is growing, as it becomes abundantly apparent that the EPO cannot go on like this



  13. Links 30/11/2016: Git 2.11, GOG Surprise Tomorrow

    Links for the day



  14. The UPC Scam Part IV: Bumps Along the Road for UPC, With or Without the UK and Brexit

    A sobering reality check regarding the UPC, no matter what Lucy Neville-Rolfe says under pressure from Battistelli and some selfish law firms that are based in London



  15. The UPC Scam Part III: The “Patent Mafia”

    Bigwigs like Lucy Neville-Rolfe and Benoît Battistelli, together with Team UPC and its tiny minority interests (self enrichment), are conspiring to hijack the laws of Europe, doing so across many national borders with unique and locally-steered patent policy in one fell swoop



  16. The UPC Scam Part II: The Patent Echo Chamber at Work, Prematurely Congratulating Itself in Its 'News' Sites





  17. The UPC Scam Part I: EPO-Bribed Media Outlets Lie to Brits (and to Europeans) About the UPC

    An introductory article in a multi-part series about UPC at times of Brexit and Lucy Neville-Rolfe's bizarre sellout to Battistelli



  18. European Public Service Union Asks EPO Administrative Council “to Re-establish the Rule of Law at the European Patent Office”

    The chinchillas of the Administrative Council are assertively asked to tackle the abusive management of the EPO, which gets condemned not only by CERN but also EPSU, which is working with the Dutch government to end lawlessness at the EPO



  19. Links 29/11/2016: Core Apps Hackfest, MuckRock Goes FOSS

    Links for the day



  20. ILOAT Decisions: Upcoming Publication of Two EPO Cases (Abuse Against Staff)

    Reminder about tomorrow's "exceptional public delivery" from the International Labour Organisation (ILO) and a request for additional information



  21. Mixing Politics and EPO: How Battistelli Defies the Very Basic Rules of the Office

    A reminder of the fact that Battistelli was entrenched in French politics even while he was serving at the EPO



  22. EPO DG1 Principal Director “Out of the Muppet Show”

    The ridicule of EPO management is a symptom of a poisonous work environment which now resembles an assembly line of bad patents, where employees are treated unfairly, severely, and in clear defiance of labour laws



  23. Learning From the Mistakes of the US Patent System (and More Latterly China) When Assessing Patent Maximalism

    The warning signs coming both from the East and from the West, demonstrating the pitfalls of a policy too permissive on patents and thus on litigation



  24. The International Labour Organisation Once Again Proves Useless for Labour of the EPO

    The International Labour Organisation (ILO) is once again failing too serve justice, instead just sending complaints elsewhere, in effect into a black hole



  25. CERN Slams the European Patent Office for Abuse of Employees

    The European Organisation for Nuclear Research known as CERN is openly condemning EPO management and the Administrative Council for violation of human/labour rights, not to mention the other abuses that are rampant under Battistelli's notorious regime



  26. Links 28/11/2016: X-Plane 11 Beta, Early Work For C++20, Microsoft Hole in RHEL

    Links for the day



  27. Patents Roundup: Patent Trolls, Patent Quality, and the Patent Trial and Appeal Board (“PTAB”)

    A week's roundup of patent news from the United States, where there's a mixture of good news, bad news, good reporting, and misleading (or selective) reporting



  28. Patent Attorney Mark Summerfield: EPO Administrative Council “Members Should be Ashamed.”

    A recent comment about Battistelli's misbehaviour and the Administrative Council's utter failure to get a grip on him



  29. EPO Caricature: Slowing Down Justice and Giving Luxury Cars as Gifts

    The latest cartoon making the rounds is about SLAPP and alleged bribery in Croatia (more on that soon)



  30. Director Lee's USPTO Managed to Drain the Swamp Filled by David Kappos and His Colleagues, But Trump Will Likely Dismiss Her Soon

    Just as the USPTO begins to get its act together and limit patent scope based on reasonably liberal SCOTUS Justices there are many reports suggesting that the Director of the USPTO will be driven out, courtesy of the Trump presidency that will also perturb SCTOUS


CoPilotCo

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

CoPilotCo

Recent Posts