Bonum Certa Men Certa

As Expected, Minimal Pseudo Compliance From EPO Management, Adding Insult to Injury

Earlier this month: Two Months of ILO-AT Non-Compliance at the EPO and a Decade of a Docile Administrative Council That Approves Illegal Proposals

Extension of strike judgments to all staff

Summary: SUEPO Central, the core of the staff union of EPO staff (almost 7,000 workers at the EPO, most of whom are SUEPO members), has strong words about the EPO's attitude and stance, which is perhaps unsurprising but still extremely disappointing

MORE than two months after the historic judgements of ILO-AT the EPO's President, António Campinos, writes internally to staff about Benoît Battistelli's strike regulations being ruled unlawful. Almost a decade too late!



The staff union is rightly upset and understandably circulates another publication among members. We've decided to reproduce it below, in full, as HTML:

23 September 2021 su21024cp – 0.2.1/5.1/5.2

Extension of strike judgments to all staff “No moral damages. No apology.” What next?



In his Communiqué of 14 September, Mr Campinos finally detailed the Office’s approach regarding the strike judgments of the 132nd session of the ILOAT. The Office intends to apply the outcome of the judgments to all staff on strike since July 2013 only insofar as they concern excessive strike deductions or for unauthorised absence on 2 and 3 July 2013. No moral damages will be awarded to those who neither filed a complaint in front of the Tribunal nor an application to intervene1. In a meeting with the Central Staff Committee (CSC) on 15 September, Mr Campinos even strongly excluded any form of apology from the Organisation to its staff.

The Office intends to conclude all payments by the end of the year. For the time being, we strongly recommend that you maintain your pending complaints and applications to intervene. This paper provides more details.

Meeting with the President: Lessons (not) learnt On 15 September, the staff representation could address for the first time directly with Mr Campinos

the ILOAT strike judgments of 7 July. The staff representation argued that all EPO staff had been adversely prejudiced by the violation of their fundamental right to strike and by abuses of power. An International Organisation cannot take a fundamental right from its staff, give it back more than 8 years later and pretend that nothing happened. In his reply, Mr Campinos threatened to reduce cash injections into the pension reserve funds if he were to grant moral damages to all staff. Mr Campinos added that we should understand that in our Organisation, it’s just about moving money from one place to another. One could expect that upper management could be held accountable for designing HR policies violating fundamental rights, but Mr Campinos preemptively warned anyone who could point the finger at his services which he fully entrusts with further reforms.

The staff representation then suggested that the Organisation takes responsibility for mistakes of the past by at least apologizing to its staff. Mr Campinos bursted out in anger and shouted that he would not apologize and that we would never get an apology from him. With this statement, Mr Campinos confirms that he not only takes full responsibility for the continued policies during the first 3 years of his mandate, but also fully endorses the Battistelli administration. Mr Campinos reproached the staff representation to be not constructive when willing to discuss events that happened ages ago and added that we may have won this one but we don’t win 8 out of 10 of our

_____________ 1 According to Laurent Germond, Director Employment Law, the Office identified 38 complaints still pending in front of the Tribunal, some of them being joined by interveners.




cases. Here, Mr Campinos confused quality and production: in terms of legal procedures, some are more fundamental than others.

In the meeting, Laurent Germond, Director Employment Law, recalled that the Tribunal’s statute does not foresee any class action procedure and that complaints will remain of an individual nature. The Office intends to apply the outcome of the judgments to all staff on strike since July 2013 only insofar as they concern excessive strike deductions or for unauthorised absence on 2 and 3 July 2013.

SUEPO expresses its solidarity to all staff in the HR Department who are now striving to conclude all payments by the end of year and have to repair the damages caused by their upper management.

What next?

Concerning the still running procedures against the strike regulations, we recommend the following:

I. Case AT-5 5167: Mr Battistelli abused his power by not organising the UNITY ballot

In his Communiqué of 14 September and as confirmed in front of the staff representation, Mr Campinos excludes the award of moral damages to all staff who were deprived of their right to vote in the ballot for the strike of the “UNITY initative” of 16 May 2014.

SUEPO recommends that complainants and those who file applications to intervene (see instructions here) maintain their procedures.

II. Case AT-5 5179: the SUEPO called strike of 2 July 2013 was lawful

In his Communiqué of 14 September and as confirmed in front of the staff representation, Mr Campinos intends to apply the outcome of Judgment 4433, but only partially, to all those employees who participated in the industrial action of 2 and 3 July 2013. The unlawful deductions for unauthorised absence will be reimbursed, the threatening letter from Principal Director Human Resources (Ms Bergot at the material time) will be removed from the personal file, but no moral damages will be awarded.

SUEPO recommends that complainants and those who file applications to intervene (see instructions here) maintain their procedures.

III. Management review MR/2021-0025
Excessive strike deductions of the January 2021 for the December 2020 strike


Mr Campinos had rejected the management review in a decision dated 21 June 2021.

In his Communiqué of 14 September, Mr Campinos announces that the outcome of Judgment No. 4435 will be applied to all those employees who went on strike since the introduction of CA/D 5/13. This concerns as well the deductions made on the January 2021 salary slip which are now expected to be reimbursed with interests at 5% per annum, less the amounts which could have been deducted on the basis of 1/30th (as applicable prior to the introduction of CA/D 5/13).

SUEPO considers it not necessary that all concerned staff file a mass appeal against the rejection decision for MR/2021-0025 dated 21 June 2021.




IV. Case AT-5 5244: Excessive strike deductions of 1/20th are unlawful and punitive

The extension of the outcome of Judgment No. 4435 concerns the strike deductions during the period of October 2013 until April 2016 covered by this case and which are now expected to be reimbursed with interests at 5% per annum, less the amounts which could have been deducted on the basis of 1/30th (as applicable prior to the introduction of CA/D 5/13).

As long as the payments are not concluded, SUEPO recommends that complainants and those who file applications to intervene (see instructions here) maintain their procedures.

Conclusion The still pending complaints and the filing of hundreds of applications to intervene since the announcement of the strike judgments on 7 July may have been one of the reasons for Mr Campinos to extend the outcome of some of the judgments to all staff.

We regret that Mr Campinos only decided to opt for a partial extension of the outcome excluding noticeably moral damages. This shows once again that in order to fully safeguard their rights, EPO staff must go to litigation.

SUEPO Central


As a side note, I was having a very productive today. Had a long (and long-distance) call with political entities willing to do something about EPO abuses. Tons of time and energy has been poured into it (research and talking/communicating), but it needs to be done and we hope to have some breakthrough soon. We'll refrain from sharing any more details as they can jeopardise the process at this relatively early stage.

Recent Techrights' Posts

Too Hard for IBM to Keep Everybody Silent About How the Company Has Gone South
IBM is busy trying to keep disgruntled or ex workers silent using NDAs
 
Microsoft Windows Falls to All-Time Low of ~60% in Switzerland, GNU/Linux Among Top Gainers
What will it take for mainstream media (not just geeks' site) to cover it?
Mainstream Media on "Practical Survivalism"
Suffice to say, panic buying begets more panic and price surges
Cloud Computing as a Cloud of Smoke (Your Hosting Provider is a "Legitimate" Military Target)
When a French datacentre went up in flames people joked that the "cloud" meant a cloud of smoke
Andreas Tille Congratulates Sruthi Chandran Before the Election for Debian Project Leader (DPL) is Even Over
Andreas Tille, the current Debian Project Leader (DPL) who has been in this role for nearly 24 months
When You Try to Change the World for the Better and Somehow They Find a Way to Say You Are the Villain
Don't be a fool. Don't fall for inversions of narratives.
Slop Was a Flop and Energy Crisis Will be Slop's Final Blow
Today we see no slopfarms in Google News
Links 05/04/2026: "Taiwanese Airlines to Hike Fuel Surcharges 157%" and Openly Racist Voter Suppression Starts in the US
Links for the day
Gemini Links 05/04/2026: Playing with Hyprland and Migrating Antenna Filters
Links for the day
Links 05/04/2026: "Confidential Computing" as Proprietary Bundle of False Promises and "The Web Is an Antitrust Wedge"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 04, 2026
IRC logs for Saturday, April 04, 2026
SLAPP Censorship - Part 34 Out of 200: The Necessity of Transparency, Illuminating Garrett's and Graveley's 'Tag-Team' Act, Misusing the British Docket (From Far Away in America) in Efforts to Hide Bad Behaviour
Transparency is paramount
Red Tape at Red Hat (IBM)
Now the guiding principles are the whims and moods of people who peddle buzzwords to manipulate IBM's share prices
The So-called 'AI' (Slop) Companies Will Have the Plug Pulled
It can vastly accelerate this bubble's implosion
Dr. Andy Farnell on a "Technology Plan B"
based around Free software
Windows Lows Across the Mediterranean
Judging by this month's data from statCounter
The Future of the Net is 'in Space'
Gemini Protocol is growing and GemText remains the same, so it's made to endure
Linux Foundation Profits From Scams, Fraud, and Grifting
Don't be misled by the name "Linux Foundation"
Microsoft Transmits Malware and Back Doors to GNU/Linux Servers, Media Points the Finger at Everyone But Microsoft's Servers
Is Microsoft too poor to vet and check what it hosts and transmits?
Gemini Links 04/04/2026: "Fuzz Guy", "Reusing Old Computers with Arch Linux and DWM", and Bubble v10.0 Released
Links for the day
Links 04/04/2026: eBay Scam, "Music Publishers’ X Copyright Lawsuit Officially on Pause"
Links for the day
Links 04/04/2026: Social Control Media Verdict and Bans, Whistleblower (Axel Rietschin) Explains How "Microsoft Vaporized a Trillion Dollars"
Links for the day
Reaching the End/Event Horizon of LLM Slop
Are we moving towards a post-LLMs world?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 03, 2026
IRC logs for Friday, April 03, 2026
Gemini Links 04/04/2026: STXGE and Computer Relationships
Links for the day
SLAPP Censorship - Part 33 Out of 200: Garrett Sued by My Wife and I, Then His Microsoft Acquaintance Files Another Lawsuit and Our Webhost Receives Legal Threats Too
Today we also show how our solicitor Mark Lewis responded to it
Good Friday, Leaving IBM for Good
Even on holidays
Links 03/04/2026: Rejection of More Software Patents and Social Control Media in Several Continents
Links for the day
Malware in Proprietary Software - Latest Additions by Rob Musial
Original published yesterday in gnu.org
Visual Evidence/Documentation of IBM Dying Like the Dinosaurs
IBM has many of these giant white elephants lying around, with some getting demolished
Links 03/04/2026: USPTO’s Latest Greenwashing and Internet Blackouts Impact Journalists in War Zones
Links for the day
SLAPP Censorship - Part 32 Out of 200: Garrett Made Spurious Requests (Later Withdrawn) the Same Week Someone He Later Spoke to by E-mail Sent Threats to Our Webhost
The "plot thickens" because there's a multi-party tag-team act, as confirmed by Garrett after he had sworn on the Bible
IBM is a Dying Company, Nowadays It Kills Red Hat With Slop
when your last day is a national holiday in IBM's country
"Independence Drives" and Community-Run Sites
Independence in reporting is a much-valued trait
When Charlatans Are Only Good at Losing Money and Storytelling (e.g. About Investment in Them)
Wait till a a barrel of oil costs $300
What Apple Fans Are Missing
Apple is a bad company
The "Pale Blue Dot" Moment Had Returned
To many people, the "bitter-sweet" observation of how small we are
Saudi Arabia Does Not Rely Much on Microsoft/Windows
Putting aside politics, this is good for Free software
Almost 12 Years of Exposing Corruption in Europe's Second-Largest Institution
The "unready" President is now an abandoned President
Easter Moon Mission and Its Reminder of IBM's Demise
A lot of NASA operations now rely on GNU/Linux
When Power is Scarce and GNU/Linux Has Power
In Cuba, GNU/Linux has long enjoyed high adoption rates
Don't Totally Dismiss the 'Survivalists'
'Survivalists' or similar terms are used to describe a particular mindset of people who prepare for some really awful scenarios
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 02, 2026
IRC logs for Thursday, April 02, 2026
A Much Better Use of Fuel Than Slop
Something positive for a change
Hoping for Peace
There are still many things to be enjoyed, including nature and kind people
Gemini Links 03/04/2026: "Slide Rule Triple Multiplication" and End of "Picture Pages"
Links for the day
Rumours of Microsoft Layoffs This Season
Just how much trouble is Microsoft in at this point?
GNU/Linux Measured at All-Time High in Sweden
Can 'influencers' have played a role