Bonum Certa Men Certa

Raw: Collective Accountability for Staff Committees Over Anonymous Letters?

These letters (or just one letter) were allegedly used as a pretext for cracking down on dissent among EPO staff

EPO management mockery



Summary: A report from 4 years ago, ending with a section about "Anonymous letter / Defamation" or "defamatory letters [which] had been circulated in the Office" (about half a year earlier)

Report on the Meeting between the CSC and the President 20 Nov 2013

The Meeting lasted over two hours and all the points on the agenda were covered including four additional points which were raised during the meeting. In general, the mood was calmer than during previous meetings and it was possible to exchange views without major incident. As has been the case with previous meetings, the President introduced two new points as his agenda: “social democracy” and the new salary method.

With regard to the existing claims of staff which are the subject of industrial actions and legal challenges, no progress was made. The President clarified his position on these topics, but was unwilling to make any concessions. Towards the end of the meeting the proposal of the CSC to use a mediator was briefly discussed, but dismissed because the President saw “no added value” by engaging in mediation.

Overall, it would be fair to characterise this meeting as civil but largely unproductive: no signs of willingness to address the concerns of staff were apparent. The individual points are covered below. Comments in [brackets] are supplementary information and were not made during the meeting.

Social Democracy

Under the topic of “social democracy”, the President clarified that he sees problems with regard to the representative character of the staff committee and their lack of an ability to make decisions. He proposed a more centralised role with direct election for central bodies: they may intend to have the members of the GAC elected in the future. The administration argues that they have no control over the election process, but that the President can be held accountable for any problems, therefore the administration proposes to make new regulations regarding the elections of the staff committees. The administration also proposed to have a more proportionate system where the number of staff representatives better reflects the number of staff they each represent. We understood this to imply less representation in the smaller sites. The administration also proposed to change the current regulations regarding time and resource allocation for staff representation activities. All such changes would require further changes to our Service Regulations. Nothing was said with regard to the recognition or status of staff unions.

The CSC delegation stated that it is not the right time to discuss any reforms to the staff representation when we are in the middle of an intense social conflict. We also noted that the Administration’s problem definition was very one-sided, failing totally to address any of the concerns of staff. The President proposed an ad-hoc working group on Social Democracy to discuss his proposals. The CSC delegation stated that this would need due consideration and that any new approach would need to take into account staff representation views and concerns on social democracy. The CSC delegation indicated that the CSC would give a written answer as to its position to such a working group in about two weeks, i.e. after the next CSC meeting. It was noted that many of the current issues, for example internal appeals process and conflict resolution are in the view of staff important aspects of “social democracy”. It was further stated by the CSC delegation that the lack of collective conflict resolution mechanisms in the EPO was a major cause of concern.

The President stated that ultimately he decides and neither the staff committees nor the unions have veto rights, the working group process being purely consultative. The proposed calendar is extremely tight: the new regulations should be ready by the end of January so they could be presented to the GAC in February for opinion and possible approval by the Council in March.

Salary method

The President indicated that he would like to start discussions on a replacement method or formulae. Any discussion would assess the performance of the existing method and then make proposals for a new method. The new method should follow the general lines of the present method, in particular by providing an automatic indexing of salaries without any performance related element. The CSC delegation agreed to nominate to this working group.

The right to strike and the IFLRE Ballot

The President stated that he was not willing to change the strike regulations which had been approved by the Administrative Council and that these were (in his opinion) legal. He rejected the claim that these were inconsistent with "fundamental norms", which he described as “excessive language”.

On the IFLRE petition, he stated that the regulations apparently stipulate a petition for a new ballot cannot take place within an existing strike period. He further stated that the regulations foresee early dialogue (“a strike should be a last resort”) and that any group requesting a strike must nominate representatives able to enter into dialogue on their behalf, since he cannot discuss the strike claims with more than 1000 staff members. These points he claimed were "common sense" and were an obvious interpretation of the strike regulations. For these reasons he had rejected holding a ballot on the IFLRE petition.




The staff representatives stated that in their view neither of these criteria were part of the current strike regulations and asked for further clarification regarding the "representatives" requirement. The President elaborated that this would require either the CSC or the union would support the petition to strike and agree to enter into dialogue on their behalf, or the petitioners would have to select from amongst their own ranks representatives to deal with him directly. On the question on how the petitioners could organise themselves with the existing e-mail constraints, he noted they will “find their ways” similar to those used in establishing the strike petition.

He stated that from 12 November, he would reconsider a new petition admissible since it would at least meet the first of his “clarified” requirements.

The staff representatives agreed to the principle that a strike should be a last resort, but that cooling off periods must be combined with structures that support dialogue such as mediation and arbitration. No such structures exist within the EPO. They also noted that no means exist to resolve collective disputes and this was one reason for the high incidence of individual appeals. It would behove the EPO to create such procedures, since these would surely significantly reduce the level of social conflict.

To these proposals, the President once again stated forcefully that any social dialogue is a consultation only. In the end, it is he who decides. Neither the staff committees nor the unions nor any other group have a right of veto.

[Note: in the view of the staff representatives this statement is in contradiction with the repeatedly expressed wish of the President that the CSC should take decisions. Similarly, he states that dialogue should take place prior to strike action, yet has never tried to discuss beforehand about any strike action during the current conflict.]

Limitations of the use of communication (Email) and disciplinary threats

The staff representatives asked if the President was willing to remove the limitations to communication and disciplinary threats/measures aimed at staff and their representatives. The President stated all measures taken were both legal and proportionate and he was not willing to change them or withdraw the disciplinary threats or letters to staff. Any participation in an "illegal" strike is considered an unauthorised absence. However, he confirmed that the letters sent concerning this alleged “unauthorised absence” should be regarded as information only and will have no further consequences.

With regard to the sending of emails by staff representatives to more than 50 people, he stated that those involved would receive warning letters and he would not confirm that no further action would be taken. He stressed that in future all staff must comply with the existing regulations, regardless of whether or not they agree with them.




Revision of the Investigation Guidelines

The staff representatives asked if the President was now willing to review the investigation guidelines. They noted that the circular foresees a revision and the procedures have been in force for almost a year now. They also requested the involvement of independent legal experts in the review. The President stated he was not willing to do so at this time, and that there was no need for independent experts.

Problems with the system of appeal

The staff representatives raised concerns about increasing backlogs, both at the ILOAT and the Internal Appeals Committee (IAC). In the ILOAT, the backlog is more than 450 cases; in the IAC the figure is over 650. The President acknowledged that there were problems. He stated that he had no official confirmation yet from the Tribunal (ILOAT), but that he understood that the limit of 5 EPO cases per session had been removed. He also indicated that he expects to be notified shortly that the Tribunal will hold a dedicated EPO session in 2014. Whilst these are clear improvements, the staff representation considers them insufficient to significantly reduce the growing backlog problem.

With regard to the IAC delays, the President stated that he was aware of the problems but he claimed that they were due to the poor functioning of the IAC, an issue which he intended to address. He stated that there was a lot of redundancy in the procedure which needed to be removed. The IAC should focus more on facts. He also declared his intention to reform the secretariat of the IAC and give the IAC members more time credits to hold additional sessions.

[The staff representatives are sceptical about this analysis since we consider that the main problems are more related to a chronic lack of resources and staff to support the appeal process. Mr Battistelli does not appear willing to maintain the additional posts provided in 2009 to start addressing the backlog problems, which will lead to a considerable reduction in the capacity of the appeals process.]

With regard to the procedure following receipt of the opinion of the IAC, the staff representatives stated that they had feedback that indicated the President was not following majority or even unanimous opinions when he disagreed with them.

The President first stated that the IAC was simply an advisory body and he was not legally bound to follow their opinion. He then claimed that more than 2/3rds of the majority/unanimous opinions were followed: any that were not were for non-legal reasons such as procedural errors; conflicts of interest within the IAC members; bias; or that the IAC had gone beyond the scope of the service regulations.

[Note that according to ILOAT jurisprudence, the President is required to follow the opinion of the IAC unless he has reasoned grounds not to do so.]




Problems following the opinion of the Medical Committee

The staff representatives raised concerns regarding the failure of the President to follow the opinion of the Medical Committee in invalidity cases.

The President stated that during his term in office there had been 61 cases of invalidity, of which there were only 2 cases where he had not followed the recommendations. Again, he claimed that in both these cases there were procedural flaws and he would request a new Medical Committee to reassess them.

Any other business

The following points were raised during the meeting and briefly discussed:

Appointment of a new Data Protection Officer (DPO)

In response to questions regarding rumours that the DPO position would be replaced on contract basis, the President stated that although the current nominee would leave her function as DPO, she would continue until a replacement was nominated. The DPO function is not associated with a specific post (with a corresponding selection procedure), rather it is an appointment. He also confirmed that the future nominee will remain a permanent staff member.

Use of 3 Year contracts for examiners

The staff representatives raised the concern that in the last academy (October) there were 27 examiners recruited on 3 years contracts of which roughly 50% have German or French as their mother tongue. The original stated purpose of such contracts when they were approved by the AC was to ensure the EPO was able to recruit nationals from countries which are currently under represented, e.g. new member states. The President stated that the procedure had two goals:

  • to enable the Office to recruit good (technical) candidates from any member state who do not yet fully met the language criteria,
  • to support the recruitment of examiners from newer member states


He noted that the current application of the procedure had been more successful for recruiting examiners in the first category, but that the Office was seeking additional measures to increase recruitment from the newer member states.

[Note: Only the second category was declared to the AC when this procedure was discussed, approved and introduced]




Anonymous letter / Defamation

The President brought to our attention that more anonymous, defamatory letters had been circulated in the Office. The targets were apparently a number of managers in DG2. The President asked the CSC to distance itself from such practices.

The staff representatives stated that they were neither aware of the letters, nor their content, but would consider their position in this regard. They stated that in principle they do not agree with such methods, but they held the view that transparent and impartial investigation of any and all such allegations made would surely help to reduce such behaviour.

RFPSS Contribution Increase

The President stated that he would follow the advice of the actuaries.

Next Meeting

The President proposed to hold the next meeting in the first half of February.

Recent Techrights' Posts

Lacking Business Model, Bluesky Has Become Slop and Gravitates Towards Plagiarism, Bots
LLM slop/plagiarism under the guise of "Artificial Intelligence" (AI)
 
In Time for April Fools (and Easter), 30,000 Oracle 'Pink Slips' While People Are Asleep
Oracle probably has no choice but to fire a ton of people
SLAPP Censorship - Part 29 Out of 200: Violent Language Won't Go Away When You Use It in Your Site, Blog, and Social Control Media
abuse began in 2012 because I had politely and accurately criticised Red Hat
Gemini Links 31/03/2026: Five Years on Gemini (Rob's Gemini Capsule), OFFLIFIRSOCH 2026, and More
Links for the day
Slopfarms Persist, But Google Seems to Have Delisted Many
We are still checking
Links 31/03/2026: More Energy Shortages Noted, Taylor Swift Faces Trademark Infringement Suit
Links for the day
Chaff, Slop and Spam Help Distract From Parallel Crises at IBM
IBM seems very eager to undermine discussion about what goes on inside
IBM-Spawned Lexmark Sold, Then Came Mass Layoffs, Now the CEO Who Did This is Leaving
IBM is really not a magnet for talent at this point
Not April Fools But April First: Red Hat Staff Becoming "IBM"
claims of mass layoffs set to kick off at IBM some time soon
Gemini Links 31/03/2026: Antenna Packed Up, AuraGem and AuraSearch Maintenance
Links for the day
Links 31/03/2026: More Social Control Media Bans, BBC Now Run by GAFAM (US) Executive
Links for the day
'Broligarchs' Don't Want Science, They Want Entertainers to Entertain Them (and Make Them Richer)
Of course this will result in things getting worse in the sciences and everyone who relies on the sciences
When Republics Turn From Democratic Governments Into Imperialistic Dictatorships
What goes on in the US would require talking about politics
Companies That Have Nothing Except Buzzwords and Promises Will Perish
Dishonest media will perish along with the companies it is covering up for
The Solicitors Regulation Authority (SRA) to be Grilled in Two Weeks' Time by the British Government for "Recent Regulatory Failures"
we escalated to our politicians
GNU/Linux Will Thrive as Long as It's Modular, Not Monolithic
To IBM, it's all about money. Nothing else matters.
EPO "Cocaine Communication Manager" - Part X - People Are Leaving
"I was happy to be at the EPO in the beginning, but since I realized it's all a big mafia"
IBM's 33 Years as a "Financial Engineering" (Accounting Tricks) Company
In relation to Red Hat, this "financial engineering" involves culling many workers and trying to replace them with slop
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 30, 2026
IRC logs for Monday, March 30, 2026
Links 31/03/2026: Rising Costs, Cyberattacks, Novo Patent Expiry
Links for the day
Gemini Links 31/03/2026: American Spring, Distributed Systems Simulator, and Calculus for Electronics
Links for the day
SUEPO Central Made a Strike (or Striking) Success
Europe has more than enough qualified patent officials
IBM Layoffs and Their Expected Scope in April 2026
Such layoffs impact not only IBM "proper"
SLAPP Censorship - Part 28 Out of 200: Facing Consequences for Impersonation and Worse
It's not "funny". It is moreover libellous.
Links 30/03/2026: South Korea Next to Curb Social Control Media Addiction and Manipulation, Notorious Patents in the US Challenged
Links for the day
Gemini Links 30/03/2026: Going Back to Wrist Watches and Why LLMs in Programming Suck
Links for the day
Did IBM Pay thestreet.com for Puff Pieces? (Like It Did With Forbes)
If so, there is no disclosure
Wikipedia - Funded by Slop-pushing Companies and 'Broligarchs' - Gave Benefit of the Doubt to Slop, Then Regretted It
Wikipedia sucks. Without slop it'll suck a little less.
Payoffs of Lifelong Commitments
"The Lifelong Activist"
Links 30/03/2026: "We Can’t Income-Tax Ultra-Elites"; "The Pirate Bay’s Oldest Torrent Turned 22"
Links for the day
Today, Europe's Second-Largest Institution (EPO) Goes on Strike That Can Last Until 2027. Nobody in the Media Covers This!
"We stand with the protesters"
When the Cost (or Time) of Maintenance Exceeds the Value
In recent years it seems like more people learn to remove things from their lives, not add more things
Passage of Wealth Upwards, Blaming the Victims
Tim Sweeney's net worth is 5.1 billion USD according to Forbes
More Media Needs to Tell the Public Slop is a Giant Bubble, It Should Stop Taking "Sponsorship" Money to Inflate This Bubble
If enough of (what's left of) the media changes its tune and quits being a parrot of GAFAM, then we can debate slop like grown-ups
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 29, 2026
IRC logs for Sunday, March 29, 2026
Trying to Hide One's Abuses by Imposing Silence on Critics ("My Profile Was Private")
With enough daylight, sooner or later everyone knows you are a vampire
Fedora Badges System Shows the Demise of Fedora Under IBM
IBM isn't good at keeping what it buys
IBM is Sunsetting Red Hat, It Only Uses the Brand and the Shell
IBM buys or spins off companies as containers for "toxic assets" and debt
Cisco Systems is a Still Weak Spot With Bug Doors
nothing to offer except storytelling
EPO Strike Begins Today and It's the Longest One Yet (Can Last a Year)
Where's the media?
Gemini Links 30/03/2026: Approaching April and Arvelie Calendar
Links for the day
No Daylight Saved
Is there still any practical reason for this ritual?
Microsoft Azure Does Not Have "Hiring Freezes", It Has Had Mass Layoffs Every Year Since 2020
Things are always a lot worse than Microsoft formally or publicly acknowledges
SLAPP Censorship - Part 27 Out of 200: Using the Tor Network to Hide From Consequences
Only 1-2 weeks after the countersuit the Canadian attempted to deplatform several Web sites
The Limits of Inclusion
Inclusion with caution isn't "opinionated"; it's a defence mechanism, sometimes a survival instinct
Almost 20 Years After Microsoft/Novell
The mission has not changed, but the priorities evolve all the time
People Discuss Rumours of Mass Layoffs at IBM Becoming Public in 1-2 Weeks
IBM is killing its brand or its "goodwill"
LLM Slop Kills Sites, as Sites That Adopt Slop Are Doomed
People won't subscribe to such sites and visit them if they recognise it's just slop
Links 29/03/2026: Indonesia Cracks Down on Social Control Media Addiction, China Becomes World’s Scientific Superpower
Links for the day
Fedora at the Mercy of Microsoft Because of Back-Doored Kick-Switch Boot
We'll soon revisit the defamation attacks on Torvalds
Links 29/03/2026: Water Shortages and No Kings Rallies
Links for the day
The Old Days
In the early days of this site (2006) it was mostly just a couple of people, plus comments
Gemini Links 29/03/2026: Return to Gopherspace, "Zen of Marking Playing Cards"
Links for the day
The Real XBox is Dead, So Microsoft is Calling Everything "XBox" Now
It even wanted to run a campaign to convince everybody that XBox is not actually a console
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 28, 2026
IRC logs for Saturday, March 28, 2026