Bonum Certa Men Certa

ILOAT Finally Overturns Battistelli's Vichyite Strike Regulations

ILO screenshot
The Judgments of the ILOAT's 132nd Session were announced in Geneva on 7 July 2021



Summary: An explanation of the blow suffered by António Campinos and the person who gave him the job; ILOAT (or ILO-AT) belatedly -- or eight years late! -- assessed Battistelli's Vichyite strike regulations

There was some good news for EPO staff from Geneva on Wednesday when the Administrative Tribunal of the ILO announced its judgments from the recent 132nd Session, held between 24 May and 28 June 2021.

A significant number of the judgments related to Benoît Battistelli's notorious "Strike Regulations" which were adopted eight years ago in June 2013.



"But despite such clearly expressed reservations, the Administrative Council turned a blind eye to the palpable defects in the proposals tabled by Team Battistelli and - like a bunch of headless chickens - voted to adopt these manifestly flawed measures whose illegality has now been exposed for all to see."On 27 June 2013, following a proposal by the President of the Office [PDF], the Administrative Council adopted decision CA/D 5/13 [PDF] amending the EPO Service Regulations (which entered into force on 1 July 2013).

Amongst other things, CA/D 5/13 created a new Article 30a of the Service Regulations concerning the right to strike.

Article 30a sets out some basic rules concerning strikes, defining what is meant by a “strike” and indicating, amongst other things, that a call for a strike can be initiated by a staff committee, an association of employees, or a group of employees, and that the decision to start a strike must be the result of a vote by the employees. Paragraph 10 of Article 30a authorises the President of the Office to lay down further terms and conditions for the application of Article 30a.

Relying on that provision, on 28 June 2013 the former Vice-President of DG4, Mr Željko Topić - acting on behalf of the President - issued Circular No. 347 containing “Guidelines applicable in the event of strike”, which likewise entered into effect on 1 July 2013.

At the time of their adoption in 2013, Battistelli's Strike Regulations were strongly criticised by EPO staff representatives and the staff union SUEPO. This criticism was shared by outside observers of the social conflict at the EPO which was being escalated to new heights by Battistelli's authoritarian management style à la France Telecom.

An article entitled "The President Repeals A Fundamental Right?" authored by Sylvie Jacobs, the Chairperson of the EU staff union, Union Syndicale Fédérale, which appeared in the January 2014 issue of the USF Newsletter [PDF], Agora, described Battistelli's régime at the EPO in the following terms:

"EPO President Battistelli’s HR policy reveals a serious lack of understanding of fundamental rights of workers, in particular their right of association in the form of a trade-union."


Later that year, in November 2014 [PDF], a position paper issued by the staff union SUEPO entitled "Social Conflict at the European Patent Office" noted that "such measures are unprecedented in Europe, apart from Italy’s Carta del Lavoro (B. Mussolini, 1927) and Spain’s Fuero del Trabajo (F. Franco, 1938)."

In drawing comparisons between Battistelli's oppressive Strike Regulations and those of fascist-corporatist régimes that flourished in Europe during the inter-war period of the 20th century, SUEPO forgot to mention the example which was probably closest to Battistelli's heart: the Labour Code or "Charte du Travail" adopted in 1941 by Philippe Pétain's Vichy State. The repressive labour and social policies of Pétain's État Français were closely modelled on those of Fascist Italy.

Vichy Battistelli
Did Maréchal Pétain's Vichy State provide the role model for Battistelli's repressive regime at the EPO?



With Judgment no. 4430 [PDF], the ILOAT delivered on 7 July 2021, the ILOAT belatedly hammered another long overdue nail into the coffin of "le Système Battistelli" at the EPO, by striking down Circular No. 347 as manifestly unlawful.

This long-awaited judgment is good news for all those who opposed the tyrannical regime of Team Battistelli over the last decade.

While this significant legal victory is a cause for celebration, it should not be allowed to obscure the precarious legal situation of the staff of the EPO and other international organisations who are dependent on Tribunals like the ILOAT to defend their rights.

Notwithstanding the fact that Circular No. 347 has been found to breach the fundamental rights of EPO staff, it remained in force for eight years!

During this time it was used repeatedly to underpin the Corsican despot's managerialist "Reign of Terror" and impede any kind of internal dissent and collective action on the part of EPO staff against the excesses of the Office Administration.

Even more outrageous is the fact that at the time of the adoption of the Strike Regulations in 2013, the small number of delegations on the Administrative Council that made any attempt to evaluate the proposed measures had grave doubts about their compliance with international conventions.

An internal memorandum from the Norwegian Department of Labour dated 26 June 2013 [PDF] expressed the following opinion:

"The Department of Labour is therefore skeptical about a solution with an administrative regulation and about the content that, at a quick glance, seems extremely dubious in respect of its compliance with applicable international conventions."


But despite such clearly expressed reservations, the Administrative Council turned a blind eye to the palpable defects in the proposals tabled by Team Battistelli and - like a bunch of headless chickens - voted to adopt these manifestly flawed measures whose illegality has now been exposed for all to see.

Will any lessons be learned from this débâcle?

One would like to think so, but unfortunately the track record of the Administrative Council and the senior management of the Office over the last decade doesn't provide much reason for optimism on this front.

Recent Techrights' Posts

The Legacy of Gerstner (Rapid Destruction) Continues at IBM
They say IBM never recovered from Gerstner, who instead of saving the companies (IBM and others he claims credit for) set up a collision course of rapid shrinkage
'Cancel Culture' Isn't About Empathy, It's About Making Good People Homeless
Seeing what they did to RMS, remember that those "concern trolls" are about everything other than ethics and morals
Daniel Pocock in The Nerve
Lots of publicity owning to the enrollment
SLAPP Censorship - Part 148 Out of 200: The Manosphere
Those people don't just threaten our national sovereignty, press, democracy etc. They also endanger women everywhere.
 
Links 14/08/2026: Slop 'Music' Causing Problems, Slop Data Centre Contractor Unpaid (Massive Debt), and The Cyber Show Says We're "Colonised By Wankers"
Links for the day
Fake Growth of Social Control Media is Misleading
nowadays people look for alternatives - ones not controlled by MElon, CPC, and Kapo-Berg
statCounter: Windows Down to All-Time Low of 25%, Android Leads the Pack, GNU/Linux About to Leapfrog Apple, Overtaking MacOS
The situation was very different in past years
Microsoft's Mass Layoffs (Including 'Voluntary' Secret Layoffs) Take Their Toll on Seattle
How much longer can they hide their crises?
Planet Fedora ("Fedora People") is Just IBM Staff, Former IBM Staff, and LLM Slop
this is what Fedora boils down to now
Explanation of What Will Happen to Red Hat (and Other Acquired Companies) After August
In short, a lot will be scuttled; history shows it happens over and over again
SLAPP Censorship - Part 149 Out of 200: It Took a Long Time to Show What Jason Arday (at Cambridge) and Harvey Weinstein (in Hollywood) Really Were
Really bad when society endures abuse because the abusers silence their exposers
Gemini Links 14/08/2026: 32-bit RISC-V and BlackBerry
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 13, 2026
IRC logs for Thursday, August 13, 2026
'Voluntary' Layoffs (a Form of Silent Layoffs): Microsoft Global Voluntary Separation Agreement (GVSA) in August 2026 and September 2026
Today and yesterday
Microsoft Sees Windows on Fire, Pours Gasoline Over It
The latest move from Microsoft defies logic
Racing Towards "Woman Zero"
They don't seem to value women
Counters in Clacton Commence in 3 Hours at Clacton Leisure Centre
Even a few hundreds of votes for Pocock would be considered a great success
Swiss army to attack 2,900 domain name owners? Cult of ETH Zurich & Debian
Reprinted with permission from Daniel Pocock
IBM's Bluewashing of Confluent Carries on, More Layoffs Coming, Same Likely Applicable to Red Hat
September 30 is a day before this next phase of bluewashing at Red Hat
Headlines About Microsoft and Ransomware, But They're "SPONSORED FEATURES" at The Register MS
The Register MS habitually publishes LLM slop too
Links 13/08/2026: K-pop Suicide Due to Social Control Media, Legal Problems for Facebook Over Safety
Links for the day
Why Support Daniel Pocock
Our readers who come from IBM and the EPO are certainly familiar with the tactics of censorship and what that sort of censorship leads to
Gemini Links 13/08/2026: Health, Partial Eclipse Sketches, and Guilelessness
Links for the day
GNU/Linux Reaches 10% "Market Share" in statCounter
As of this morning
15% of IBM Marked for Potential Termination, PIPs are the "New Layoffs" (or RAs) at IBM
IBM is a dying company, but it does not want the press to say this or for people to understand that
Links 13/08/2026: "The Rise of the Measles-Industrial Complex" and Spotify Curbs Slop
Links for the day
Daniel Pocock on Australia's 9News (Nine Entertainment)
This gives visibility to software and technology issues
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 12, 2026
IRC logs for Wednesday, August 12, 2026
Gemini Links 12/08/2026: Losing a Child, "The OpenWeb Needs Diversity", and Gmail Woes
Links for the day
Voluntary' Layoffs and 'Proper' Layoffs at IBM This Year
When will IBM management confess that 15% of staff is already marked for potential removal?
Links 12/08/2026: Trouble in Proprietary Chaffbot Company 'Open' 'AI' and Slop "Investors Are Suddenly Quaking in Their Boots"
Links for the day
Daniel Pocock in National News in Australia the Day of the Election
"Posted 20m ago" (Thursday in Australia), it's timed nicely to help illuminate Pocock and give him last-minute exposure
The Register MS Has Just Published Slop Spam for NVIDIA and HP, It Says "AI" 43 Times
As usual, The Register MS ought to be ashamed of itself for participating in it
The Slop Debt (Trillions of Dollars, Money That Does Not Exist) is Causing the Collapse of GAFAM et al
This slop hype will end up like "metaverse", except "metaverse" never ended up justifying trillions of dollars in "investment"
Simpler Means More Reliable
The simple old way of local storage and local backups is still the best
Clownflare and statCounter See GNU/Linux at ~8% in Norway
Norway has long championed GNU/Linux compared to the rest of Europe
Social Control Media is the Opposite of Information
That says a lot about social control media
Clacton manifesto: Reform UK hacking, leaks, raw sewage & 8GB Swiss Archive
Reprinted with permission from Daniel Pocock
statCounter Today: ChromeOS + GNU/Linux Measured at 10.98% Globally (Desktops and Laptops)
Clownflare does not quite refute this
The Register MS Has Just Published Fake Article About Replacing Linux With Proprietary Google System, "Sponsored by ASUS."
All of those things are proprietary GAFAMware
Links 12/08/2026: "X’s Advertising Business Continues to Tank", "Stop Feeding the Billionaires"
Links for the day
Lack of Empathy Rampant in the Sector
Sociopaths are sociopaths. They cannot help themselves
Before the "Big Tech" (That Almost Everybody is Forced to Use) Was Controlled by Men Who Hate Women
Such rejection and even hatred of women qualifies/enshrines oneself as an "incel"- a dangerous and violent online cult
In Defence of Hoarding CDs, More So When Digital Restrictions (DRM) Come to More 'Content' and Even Offline/Physical Media Won't Work When Some Remote Server Says "No" (or Goes Offline)
made to serve and entertain owners, not to allow companies like Sony and Microsoft subjugate owners
Clownflare: In Finland, Birthplace of Linux Kernel, GNU/Linux Now Bigger Than Apple's MacOS
It's not just in Finland where we see such trends
More Mass Layoffs Due to Monumental Debt Excused as "Investment" (in Slop)
They're maxing up the private debt and their country is already insolvent
METRO Interviews Daniel Pocock a Day Before Election
The article is behind a wall that blocks people who block ads
Enshittification More Than a Century Ago
Is enshittification more than a century old?
GNU in 1991 (35 Years Ago): Compiler and Lots More Ready, Linux Now Becoming 'Vibe Heap' (Slop Replaces Real Code)
Without curbs in place, many Linux developers will flee
Company-Wide 'Reorg' ('Redundancies') at IBM, Mark October 1st 2026 in the Calendar
Is Oct 1 the new Apr 1?
SLAPP Censorship - Part 147 Out of 200: The SLAPP Series is 'Slow' Because Timing Matters
It is important to stress that after this series is finished there will be many more series, with some of them showing raw evidence of what we've been illuminating and telling
Even ZDNet Accepts That "Market Share" of GNU/Linux May Have Doubled on Desktops and Laptops
GNU/Linux is definitely growing, and quite quickly in fact
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 11, 2026
IRC logs for Tuesday, August 11, 2026
Microsoft Layoffs and Shutdowns Continue This August, Morale Low, Employees Set Up Giant Inflatable Rat to Protest Against CEO
nothing demonstrates their anger better than what they did to the CEO
Gemini Links 12/08/2026: Sophomore Slump, Mandatory Phone Addiction, and Vintage Web Game Gallery
Links for the day