04.23.17

EPO Staff Representatives Fired Using “Disciplinary Committee That Was Improperly Composed” as Per ILO’s Decision

Posted in Europe, Patents at 9:00 am by Dr. Roy Schestowitz

Union-busting in defiance of the rules of the EPO, e.g. Article 98(1) ServRegs

SUEPO Letter to AC

Summary: The Board of the Administrative Council at European Patent Organisation is being informed of the union-busting activities of Battistelli — activities that are both illegal (as per national and international standards) and are detrimental to the Organisation

THE EPO has been quiet lately, even days after Easter was finished. Someone has sent us the above letter, which is dated a few days ago and is worth reproducing below. The very concept of negotiating with Benoît Battistelli should be considered laughable at this stage. It’s entrapping oneself; the prospects of negotiating with Recep Tayyip Erdoğan would likely be more positive and yield much more. At least the EU occasionally dares condemn him for his actions.

“The very concept of negotiating with Benoît Battistelli should be considered laughable at this stage.”In spite being 3 pages long (with Battistelli having a copy), this letter to Members of the Board of the Administrative Council (who are aware of "a crisis," in their own words) is quite short or at least concise. It focuses not on the technical perils but on the social and juridical perils, which concern the staff representatives who are unable to properly function any longer (under rational fear from an irrational tyrant who is accountable to nobody). Here is the letter in full (original above as animated GIF).

19 April 2017

Members of the Board
of the Administrative Council
European Patent Organisation

Restart of dialogue – SUEPO’s position

Dear Sir, Madam,

One of the aims of Resolution CA 26/16 is to reach “a consensus on an MoU which would establish a framework for negotiation between social partners”. However, as the Council also noted: “…the disciplinary sanctions and proceedings against staff or trade union representatives have, among other reasons, made it more difficult to reach such a consensus…”

So far, further discussions on union recognition between the EPO and SUEPO have remained impossible for well-known reasons. Furthermore, far from improving with time as might have been hoped, the social situation has in fact further deteriorated, particularly following the dismissal of a third staff representative and SUEPO official in November 2016.

At the same time, there is now an increased level of awareness both in the public and at the highest political level1 that something must be done to move forward.

_____
1 letter by Minister of Foreign Affairs of the Netherlands dated 23 February 2017 (emphasis added):
In dit kader heb ik de heer Minnoye meegegeven dat de interne onrust te lang voortduurt en dat de situatie nu snel
verbetering behoeft. Om met spoed een begin te maken aan herstel van vertrouwen tussen het management en het
personeel, is voorgesteld de sociale dialoog constructief te hervatten en daarbij op zeer korte termijn een aantal
vertrouwenwekkende maatregelen, onder andere gebaseerd op de Social Study, door te voeren:

Heroverweging van disciplinaire maatregelen die ten aanzien van enkele vakbondsleden zijn ingezet

English translation:
In this context, I informed Mr Minnoye that the internal unrest has been going on for too long and that the situation now needs to improve quickly. In order to make a rapid start to restoring trust between the management and staff, the proposal is to resume constructive social dialogue and to introduce a number of trust-building measures in the very short term, based among other things on the Social Study:

Reconsideration of the disciplinary measures implemented with respect to certain trade-union members.


For our part, SUEPO remains committed to fulfilling the Council’s demands as set out in its resolution. As a gesture of good will we wish to inform you that we would be prepared to participate in a first and renewed meeting providing it would be organised with the involvement of an independent mediator.

We would be grateful if the Board 28 would consider endorsing this proposal at its next meeting in April 2017. Following this we would be prepared to enter into discussions concerning the selection of a mediator and other meeting arrangements.

We look forward to your response and attach, also for your consideration, a draft agenda for such a first meeting.

Yours sincerely,

Joachim Michels
SUEPO Central Chairman
On behalf of SUEPO Central and all local SUEPO sections

Annex: Draft agenda

Copy:Heads of Delegation of the Administrative Council
President of the EPO
Council Secretariat


ANNEX

Draft agenda

1. Reintegration of dismissed staff and SUEPO representatives, and cancellation of other sanctions against further staff and SUEPO representatives.2

2. Aims of a negotiation scheme

3. Benchmarking some existing agreements, viz. EU-Agreement with its Unions, the SUEPO proposal, and the existing EPO-FFPE MoU.

4. MoU establishing a framework for negotiation between social partners i.e. the EPO and trade unions

5. Time framework for a global solution for normalising relations between EPO and SUEPO

_____
2 The implementation of the Resolution is here all the more urgent since, in the meantime, it has transpired that the disciplinary measures against SUEPO officials in 2015 and 2016 (in particular Els Hardon, Ion Brumme, Malika Weaver, Laurent Prunier) have been imposed after consultation of a disciplinary committee that was improperly composed: the Chairperson was appointed without the consultation of the GCC required by Article 98(1) ServRegs. A progress on this issue would allow discussing the other points on the agenda.

That second footnote is important. The EPO’s President not only routinely and nonchalantly violates the rules of the EPC (akin to gross constitutional violations), but also violates his very own Code of Conduct. It’s probably far too optimistic to believe that Battistelli is capable of grasping the mere concept of negotiation partners. He exploits power for power’s sake; he’s a hardliner with LE PENthouse de patent maximalism.

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

This post is also available in Gemini over at:

gemini://gemini.techrights.org/2017/04/23/board-of-epo-and-servregs/

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. EPOLeaks on Misleading the Bundestag -- Part 14: The Notorious Revolving Door

    The Benoît Battistelli-António Campinos shuffle left some people in the EPO’s upper management better off; they’re being rewarded for complicity, so there’s no incentive to do the right thing but to do the wrong thing



  2. Links 11/4/2021: GnuPG 2.3.0, Linux 5.13 Additions

    Links for the day



  3. All EPO Articles Are Available Over Gemini Protocol

    For lighter and more privacy-preserving access to Techrights use the Gemini capsule instead of the Web site



  4. Judge and JURI

    The Committee on Legal Affairs, a.k.a JURI, meets the EPO tomorrow (in 24 hours); will abuses by António Campinos and Benoît Battistelli be brought up?



  5. EPOLeaks on Misleading the Bundestag -- Part 13: The Failed Promise of a “Good Governance” Guru…

    Before becoming an absent-minded Vice-President of António Campinos Christoph Ernst was posing as the very opposite of what he would become



  6. Gemini Gateways for IPFS

    The World Wide Web is fine for a lot of things, but for controversial publications and publications that invoke the 'wrath' of corporations/states/plutocracy we must look beyond the traditional protocols, choosing decentralised means and self-hosted means of publication (instead or at the very least in conjunction)



  7. Challenging Times for EPO Management

    A discussion of the status quo at Europe's second-largest (but scarcely-understood) institution, subjected to a JURI hearing tomorrow afternoon



  8. “The Fighters of Freedom”

    Some anime fans have made this video about recent events



  9. IRC Proceedings: Saturday, April 10, 2021

    IRC logs for Saturday, April 10, 2021



  10. [Meme] Bundestagate Series Spoiler

    The chain of command/s at the EPO typically leads to major tragedy



  11. Breaking News: Campinos to Appear Before the Legals Affairs Committee of the European Parliament on Monday 12 April

    "Some MEPs have been briefed about ongoing governance deficits at the EPO, in particular the lack of GDPR compliance and the sell-out of "digital sovereignty" to Microsoft, but it remains to be seen whether or not they will dare to bring these issues up during the hearing."



  12. Pro-FSF Petition (“An Open Letter in Support of Richard Matthew Stallman Being Reinstated by the Free Software Foundation”) Tops 6,200 Signatures

    Monopolies and their media, along with their NGOs, have spoken and incited based on falsehoods; people now respond so the hate letter has a real crisis



  13. Links 10/4/2021: osbuild 28, KDE Frameworks 5.81.0

    Links for the day



  14. EPOLeaks on Misleading the Bundestag -- Part 12: A Worthy Successor to His Mentor?

    We examine the role of Christoph Ernst in EPO management, both in the Benoît Battistelli era and the António Campinos era (plenty to hide)



  15. USPTO for Monopolies, Keeping GNU/Linux in the Dark

    Growing evidence of gross discrimination against GNU/Linux (or Free software, even BSD/UNIX) users at the USPTO is too hard to ignore; some people out there challenge the Office over this travesty



  16. Accessibility and Availability First

    To make Techrights more widely accessible and more difficult to block/censor we've been making further changes, including self-hosting where possible



  17. Self-Hosting Videos With Free Formats and Animated Previews, Watermarks/Logos and Translucency

    We examine the power of video editing with ffmpeg, chained with command-line scripting and HTML5 features



  18. Links 10/4/2021: Linux on M1, Wine 6.6, ClamAV 0.103.2

    Links for the day



  19. Lunduke: On Mob Justice in the Tech Industry

    A new video from the former Microsofter who fears the phenomenon that’s adopted by companies like IBM



  20. IRC Proceedings: Friday, April 09, 2021

    IRC logs for Friday, April 09, 2021



  21. EPOLeaks on Misleading the Bundestag — Appendix (Benoît Battistelli's Vichy Syndrome): Georges Henri Léon Battistelli and Charles Robert Battistelli

    Local copies with evidence of or something concrete about Benoît Battistelli’s connection to unsavoury — and by today’s standards outright fascistic — politics



  22. IBM Doubles Down on Masters Being an Acceptable Word in the Context of Technology

    3 days after this post which disproves IBM's stance or shows its double standards it once again says “Masters” in its official blog (won’t that offend and alienate some people as they insist?)



  23. Hate Letter Against Richard Matthew Stallman (RMS) Backfired So Spectacularly That Signers Asked to Revoke Their Own Signatures and the List Was Then Frozen Permanently (Updated)

    "An open letter in support of Richard Matthew Stallman being reinstated by the Free Software Foundation" tops 6,100 signatures (graph generated just moments ago)



  24. EPOLeaks on Misleading the Bundestag -- Part 11: The BMJV's Tweedledee: Dr Christoph Ernst

    The right-hand man of António Campinos plays a role similar to that of Herr Lutz before him



  25. Links 9/4/2021: Tanglet 1.6.0 and HPVM 1.0

    Links for the day



  26. The Libel Against Richard Stallman Did Not Age Well

    Almost 2 years down the line libel about the founder of the FSF remains online, uncorrected (in sites funded by Microsoft and IBM)



  27. The Letter in Support of the FSF and Richard Stallman is Backed by the International Community, Not American Monopolies and Nationalistic Elements

    Free software is for everybody to use, internationally, it is not the asset of a bunch of current and old monopolists (connected to the US military) that also control the media; the nature of the signatures says that out loud



  28. Gemini Over IPFS (Decentralised Web, Accessed Over Gemini Protocol)

    The Gemini protocol (gemini://) can already be used to fetch (at the back end) and present objects from a P2P-like network; we're currently exploring practical use cases and possibilities



  29. News Sites That Talk About Patents Have Become Shameless Self-Promotion 'Plugs' by Law Firms (and Sometimes Outright 'Spam' for Litigation)

    The sources of news about patent affairs have dried up; sites that actually used to investigate and report facts have since then shut down or defected to the Public Relations/marketing industry



  30. Links 9/4/2021: Kubernetes 1.21 and FFmpeg 4.4 Released

    Links for the day


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