05.17.16

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Two Months Down the Line, Battistelli Has Done None of What the Administrative Council Told Him to Do; He Should be Sacked Next Month

Posted in Europe, Law, Patents at 9:41 am by Dr. Roy Schestowitz

Time to give Battistelli the sack

SackSummary: An informal but timely progress report shows that Battistelli has made no progress whatsoever and all the injustices remain in tact, in spite of the warnings from the Administrative Council (mid March)

WE already wrote about Battistelli's failure to appease the Administrative Council two weeks after he was warned. Well, two months have just passed and Battistelli is as evil and crooked as ever. In fact, his attacks on staff representatives apparently stretch far beyond just the EPO (well after dismissal). Battistelli has nothing whatsoever to redeem himself; nothing was done to repair the damage because a weak SUEPO is what Battistelli wants.

“Battistelli has nothing whatsoever to redeem himself; nothing was done to repair the damage because a weak SUEPO is what Battistelli wants.”“For example,” says this new comment, “a recently dismissed member of the staff representation is seeking work as a patent attorney. The President will be able to prohibit that for two years, without compensation.”

This does not surprise us as we mentioned this before although we didn’t know staff representatives too were affected. It’s one prominent example of divergence from international labour protections. “Merpel catches up with developments at the EPO,” IP Kat has just said, “in the Boards of Appeal, employee dissatisfaction and sanctions, and more…”

“Nothing at all was resolved.”Well, remember that in spite of the rules, which are written very clearly, Battistelli suspended a high-level member of a Board of Appeal. Where is justice when it comes to him? In fact, it increasingly looks like Battistelli defamed a judge and might be sued for it. Battistelli was all along just a tyrant, as were his minions in management who relentlessly attacked staff representatives. He has done anything he could to demonise his exposers at the EPO (even outside the EPO) and some believe that the Boards of Appeal are next in the firing line. To quote what Fritz wrote: “These very staff regulations, including the investigation guidelines, have been seen a pen accepted by the AC. Si who is toto blame? The same will happen with the regulations for the BoA.”

Here are some remarks about the impact on SUEPO, in light of the PDF response to the regulations/guidelines for investigations (as HTML):

“All or nothing strategy” is the the best description I’ve heard so far about what is going on at the EPO.

Despite the clear instruction to come to an agreement with both unions, we have heard nothing about an initiative to even begin a conversation with SUEPO. They are still waiting for a response to their proposal of a agreement made a long time ago. My prediction is that the AC members will be told in June that SUEPO, to the great regret of management, simply refused to talk and nothing could be done.

Dear AC members, if you want the truth, SUEPO’s willingness to talk with you will without a doubt have few bounds.

The AC requested the EPOffice President:
¨to ensure that disciplinary sanctions and proceedings are not only fair but also seen to be so, and to consider the possibility of involvement of an external reviewer or of arbitration or mediation¨.

The disciplinary sanctions and proceedings were and still are unfair and in conflict with fundamental human rights.Battistelli never will accept a neutral external reviewer or arbitration/mediation because he fears the truth and loses his face. Battistelli only could accept a reviewer/mediator he can choose and have influence on.

The AC requested further: ¨pending the outcome of this process and before further decisions in disciplinary cases are taken, to inform the AC in appropriate detail and make proposals that enhance confidence in fair and reasonable proceedings and sanctions¨ and ¨to submit to the AC a draft revision of the Staff Regulations which incorporates investigation guidelines (including the investigation unit) and disciplinary procedures which have been reviewed and amended¨

Also here happened NOTHING. I am afraid that in the view of Battistelli and his clan the Staff Regulations are okee and not in conflict with fundamental human rights. For him it is not necessary to react to the proposal of the SUEPO because the SUEPO has a total different and unacceptable view of how the Staff Regulations should be. Moreover Battistelli and his team do not want to loose their faces. Faces they have already lost a long time ago.

Just because Battistelli keeps a low profile, as he was instructed to do (apparently but not certainly by the damage control experts) ,does not mean anything was resolved. Nothing at all was resolved. Battistelli called off the (probably illegal) pension cuts affecting one staff representative, but that’s purely it. He failed at everything. It’s time for him to go next month. Maybe some protests or a strike coinciding with the Administrative Council’s meeting will help get across such an uncontroversial message.

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