Bonum Certa Men Certa

The Next Phase of Union Busting: Battistelli Now Cutting Salaries of Yet More EPO Staff Representatives

Eponian nightmare

“The statesman who would attempt to direct private people in what manner they ought to employ their capitals, would not only load himeslf with a most unnecessary attention, but assume an authority which could safely be trusted to no council and senate whatever, and which would nowhere be so dangerous as in the hands of a man who had folly and presumption enough to fancy himself fit to exercise it.”

--Adam Smith



Summary: As expected, Battistelli's war on staff that does not agree with him 100% on everything proceeds to the next phase, broadening the war front and picking on lower level representatives

THE EPO protest has just ended, so now is a good opportunity to revisit the motivations and the cause. Those who aren't (yet) furious probably just don't know what's going on. Maybe they believe the EPO management's lies, which the local media perpetuates (same author who did defamatory character assassination of an accused judge). Being fired from the EPO with pension cuts (i.e. future sanctions) is not the full story. Sanctions on future employment and heavy fines (in terms of legal fees) are more like the reality we're dealing with here. SUEPO's leaders are being punished for daring to reduce/eliminate legal costs, thus providing affordable access to justice (by joining SUEPO). The ILO has been far too slow for reprieves because of an overwhelming number of complaints. Abuses by EPO management against EPO staff are rampant.



Battistelli "and his gang," according to this new comment, "assault another staff representative: Laurent Prunier. The latter is on sick leave. BB [Battistelli decided to simply cut Mr Prunier's salary at the end of the month. That is once more in breach of the applicable law.

"So bash BB, bash! You're above the law, for now."

We mentioned Prunier by name here before [1, 2, 3], even in Spanish.

That's not number 4 by our count. There are numerous other attacks on SUEPO representatives, but the public certainly doesn't know about them (a lot of EPO staff doesn't know about these attacks either). Remember that EPO management likes to (mis)use gag orders.

To quote SUEPO's own message regarding today's protest:

Ortssektion München . Local Section Munich . Section locale de Munich

18.01.2016 su16007mp – 0.2.1/0.3.2/0.2.2

ACTIONS CONTINUE

DEMONSTRATION

20 January 2016



Status quo Last Friday all three of the suspended staff representatives in Munich received the decision in their disciplinary procedures. True to style, the punishments decided by Mr Battistelli were even harsher than what was recommended by the disciplinary committees. The dismissals are with immediate effect, with a “compensation corresponding to the statutory period of notice”, infringing Art. 53(3) ServRegs and depriving the colleagues concerned of 4.5 months of social security.

The decisions of Mr Battistelli were, for once, not marked as “confidential”. Instead they contained a reference to Arts. 19 and 20 ServRegs, i.e. an implicit threat with further disciplinary proceedings in case of any unauthorised publication about the cases. We are seeking legal advice about how to interpret this. For now we just mention that according to Mr Battistelli, Ion Brumme should have known that the contract used by SUEPO was illegal under German law, even though a highly placed German judge certified that the contract is perfectly legal. In two out of three decisions furthermore a link was made to the DG3 member for whom the Enlarged Board of Appeal considered the allegations not proven. The decisions seem to show that Mr Battistelli has lost touch with reality and is seeing conspiracies everywhere.

As the news spread through the Office spontaneous demonstrations erupted in Munich, The Hague, Berlin and Vienna. Despite the short notice and the icy cold the demonstration in Munich was very well attended.

Protest



Next steps Mr Battistelli’s decisions state that a request for review may be filed with the Conflict Resolution Unit (CRU). The CRU was created by Mr Battistelli, allegedly to resolve conflicts at an early stage. In practice it doesn’t, at least not for staff: of the 375 cases in 2013/2104 that were reviewed by the external auditors, only about 4% were “allowed” or “allowed in part”1. The final decision will again

__ 1 See CA/21/15, point 46.




be by the President. The next step after the CRU is a complaint at ILO-AT. ILO-AT has a massive back-log for which it blames the EPO. It also has a very low success rate for staff complaints.

Union recognition, social study and more At the same time the Battistelli administration continues to pretend that it seeks a social dialogue. One week before the decisions Ms Bergot invited SUEPO to Union recognition talks onJanuary, i.e. a day for which a demonstration had been announced. We wonder how the administration sees such talks with the Munich SUEPO chair dismissed and still banned from the premises.

The Administrative Council is the supervisory body for the President. Ms Hardon therefore informed Mr Kongstad, Chairman of the Administrative Council, of the repeated investigations against her that seemed to constitute institutional harassment, initiated at the highest level in the Office, i.e. by the President. She asked for an independent investigation into the accusations lodged against her. The reply of Mr Kongstad was: "I have decided to refer your request to the President as the competent appointing authority".

We nevertheless have the impression that at least some of the delegations in the Administrative Council have realised that making martyrs is not the best way to make peace and insisted that Mr Battistelli avoid dismissals. If so then Mr Battistelli’s decisions are not only aimed at showing staff “who’s the boss here” but also at the Council.

It is difficult to see how the “Social Study” decided by the Administrative Council in its December meeting (to be done “in close cooperation with the President”) will solve our problems any time soon. SUEPO has repeatedly requested independent, external mediation as a possible means resolve the on-going conflict. We maintain our request for mediation and will repeat it at ministerial level. Withdrawal of the disciplinary measures against all staff representatives (five up to now, with more expected) will have to be part of any plan for restoring social peace.

The bigger picture We want to stress again that the unjustified disciplinary measures against staff representatives, albeit very serious, are only a small part of the problems generated by the Battistelli administration. Under Mr Battistelli we have seen a constant weakening of the internal and external control mechanism on the Office (starting with the dissolution of the Audit Committee) and a strengthening of controls by the President (e.g. Investigative Unit; “loyal”, mostly French co-workers on key posts) as well as a serious degradation of almost all aspects of the working conditions of staff. SUEPOalso not blind to the impact that Mr Battistelli’s misguided efficiency drive is likely to have on the functioning of the EPO, and on the European patent system as a whole. We refer to an earlier SUEPO paper entitled “Brave new EPO”.

Our claims therefore remain: - A return to a Rule of Law, i.e. respect for the EPO regulations and for European legal norms, - Freedom of Association, and - Appropriate, good faith negotiation of the staff work package, including the reporting system that necessarily has an impact on the quality of the work done.

Demonstrations will continue until the EPO is back on track: with its staff policies (respect for staff rights) and with its patent policies (quality).

Demonstration: 20 January 2016 Start: 12.30h in front of the Isar building, For a march to the Bayerische Staatskanzlei

SUEPO Munich


We hope to find time to evening to write more about the EPO (there's plenty more on the way or in the 'backlog', so to speak). In the mean time, can someone please send us English translation of this new article from newspress.fr? It says (in French): "J'ai appris avec stupeur la décision annoncée ce matin par le Président de l'Office Européen des Brevets (OEB), Benoît Battistelli, de sanctionner très durement 3 agents de l'OEB, dirigeants à Munich du syndicat SUEPO. J'en suis profondément choqué. Deux de ces agents, pour l'une présidente du syndicat sur le site de Munich, pour l'autre ancien président, sont licenciés. La présidente est même privée d'une part de ses droits à pension. Une lourde rétrogradation frappe le troisième agent.

"J'observe que le Président Battistelli a fixé ces sanctions bien au-delà des recommandations que lui avaient faites les commissions de discipline de l'OEB. La volonté de faire mal, de faire peur, d'éradiquer toute critique et tout pouvoir intermédiaire est donc caractérisée. Et assumée."

Recent Techrights' Posts

Stack(ed) Rankings and Ongoing Layoffs at Red Hat and IBM (Failure to Keep Staff Acquired by IBM)
IBM is mismanaged and its sole aim is to game the stock market (by faking a lot of things)
Linuxiac May Have Reverted Back to LLM Slop (Updated Same Day)
Is he back off the wagon?
Links 15/01/2026: Internet Blackouts, Jackboots Society in US
Links for the day
The Last 'Dilberts' or Some of the Last Salvaged (Comic Strips Which Disappeared Shortly After They Had Been Published)
Around the time the creator of Dilbert went silent he published some strips mocking TikTok and usage of it
GAFAM is a National and International Threat to Everybody
GAFAM is just a tentacle in service of imperialism
Don't Cry for Gaslighting Media in a Country Which Loathes the Press
my wife and I received threats for merely writing about Americans
 
More Signs of Financial Troubles at Microsoft, Europe Puts Microsoft Under Investigation
The end of the library is part of the cuts
Team Campinos Talks About SAP Days Before EPO Industrial Actions and a Day Before the "Alicante Mafia" Series (About Team Campinos Doing Cocaine)
EPO staff that isn't morally feeble will insist on objecting to illegal instructions
The "Alicante Mafia" - Part I - An Introduction to the Mafia Governing the EPO
Are some people 'evacuating' themselves to save face?
Pedophilia-Enabling Microsoft Co-founder Cuts Staff
Compensating by sleeping with young girls does not make one younger
Microsoft Shuts Down Campus Library, Resorts to Storytelling About "AI" to Spin the Seriousness of It
Microsoft is in pain
Free Software Foundation (FSF) Back to Advertising the Talks of Richard Stallman
A pleasant surprise
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 15, 2026
IRC logs for Thursday, January 15, 2026
Gemini Links 16/01/2026: House Flood and Pragmatic Retrocomputing Dogfooding
Links for the day
Links 15/01/2026: Starlink Weaponised for Regime Change (by Man Who Boasted About Annexing South American Countries for Tesla's Mining), Corruption in Switzerland Uncovered by JuristGate
Links for the day
GAFAM and IBM Layoffs Outline
a lot of the layoffs happen in secrecy and involve convincing people to resign, retire, relocate etc.
Coming Soon: Impact With EPO Cocainegate
Will Campinos survive 2026?
The Creator of Git Probably Doesn't Know How to Install and Deploy Git
Nobody disputes this: Mr. Torvalds created Git
Slop is a Liability
Slopfarms too will become extinct because people aren't interested in them
EPO People Power - Part XXXVI - In Conclusion and Taking Things Up Another Notch
They often say that the law won't deter or stop criminals because it's hard to enforce laws against people who reject the law
Running Techrights is Fun, Rewarding, and Gratifying
In Geminispace we are already quite dominant
Red Hat is Connected to the Military, Its Chief Comes From Military Family (From Both Sides)
The founder of Red Hat's parent company literally saluted Hitler himself (yes, a Nazi salute)
Red Hat (IBM) is Driving Away Remaining Fedora Users
I've not used Fedora since Moonshine
Robert X. Cringely Has Already Explained IBM's Bullying Culture (Towards Its Own Staff)
IBM is a fairly nasty company
Proton Mail compromise, Hannah Natanson (Washington Post) police raid & Debian
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 14, 2026
IRC logs for Wednesday, January 14, 2026
Gemini Links 15/01/2026: "Ode to elinks", envs.net Pubnix and Downtime at geminiprotocol.net
Links for the day
Still Condoning Child Labour and Exploiting Unpaid Children Developers as PR Props (to Raise Monopoly Money)
These people lack morals. So they project.
"Security, AI or Quantum" on "the IBM Titanic"
Who's RMS?
Hours Ago The Register MS Published Microsoft Windows SPAM "Sponsored by Intel." The Fake 'Article' Says "AI" 34 Times.
The Register MS isn't a serious online newspaper
EPO People Power - Part XXXV - Where Else Will Corruption and Substance Abuse be Tolerated?
We need to raise standards
Status and Capital
People who do a lot are too busy to boast about it and wear fancy garments
IBM Paying the Price for Treating Workers Badly and Discarding Real Talent (Because It's "Expensive")
IBM is dead man walking
Turbulence Ahead
I last rebooted my laptop in 2023
Google News Rewards Plagiarism With LLMs (About Linux, Too)
Google is in the slop business now
Links 14/01/2026: Failing Economy and Conquest Abroad as a Distraction From Domestic Woes
Links for the day
Gemini Links 14/01/2026: The Ephemerality of Our Digital Lives and "Summer of Upgrades"
Links for the day
Projection Tactics - Part III: Silencing Inconvenient Voices Online
If X gets banned in the UK, it'll be hard to see what the spouse says in public
Outsourcing on Microsoft's Agenda, Offshoring Also
"In some cases, India hiring is poised to replace certain roles previously based in the U.S."
Links 13/01/2026: 'Dilbert' creator Scott Adams Passes Away With Cancer, Ban on X/Twitter Considered for CSAM Profiteering
Links for the day
The Goal is Software Freedom for All
Anything to do with "Linux Foundation" is timewasting
Reminder That Red Hat Enterprise Linux (RHEL) Is Not Free, And It's Because of IBM
software freedom just 'gets in the way'
Under IBM, in Order to Game the Stock Market, Red Hat Resorted to Boosting the Biggest Ponzi Scheme in Human History
This is what IBM turned Red Hat into
Revision handed Microsoft the keys to the distortion of the past/history
This isn't the first time The Register MS rewrites computing history in Microsoft's favour, as we pointed out several times in past years
What Will Happen to GAFAM After the US Defaults Rather Than Bails Out the Market?
Or tries to topple every government that doesn't play by its rules?
EPO People Power - Part XXXIV - Bad Optics for the European Union (for Failing to Act and Tolerating Cocaine Use in Europe's Second-Largest Institution)
There are principles in laws which tie awareness with complicity
EPO's Central Staff Committee is Now Redacting (Self-Censoring) Due to Threats From the EPO "Mafia"
"On the agenda: salary adjustment procedure for 2025 (as of January 2026)"
"AI" (Slop) 'Demand' Isn't Growing, It's Fake, It's a Pyramid Scheme
They try to resort to 'creative' accounting (fraudulent schemes like circular financing)
Difficult Times at IBM and Microsoft Ahead of Mass Layoffs (Probably Before This Month's Results Unless Postponed to 'Prove' Rumours 'Wrong')
IBM and Microsoft used to be tech giants. Nowadays they mostly pretend by pumping up their stock and buying back their own shares.
Canonical: Make Ubuntu Bloated (Debian With Snaps), Then Sell the 'Debloated' Version for a Fee
If people want a light distro, then they ought not pay Canonical but instead choose a light (by design) GNU/Linux distro
People Don't Want "Just Enough", They'll Look for Quality
That's why slopfarms will go away or become inactive
Gemini Links 14/01/2026: 3D and Tiny Traffic Lights Pack
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 13, 2026
IRC logs for Tuesday, January 13, 2026
Slop Waning Whilst Originals Perish
Slop is way past its "prime"
XBox's 'Major Nelson' Loses His Job Again, This Time in a Microsoft Mono Pusher
Microsoft hasn't much of a future in gaming. XBox's business is in rapid decline and people who push Mono to game developers are the same