11.10.20

Inside the EPO During Corona: ‘Sick’ António Campinos Uses a Global Sickness to Illegally Rob EPO Staff, Already Besieged by the Pandemic

Posted in Deception, Europe, Patents at 4:42 pm by Guest Editorial Team

How One Family’s Deep Pockets Helped Reshape Donald Trump’s CampaignSummary: The merciless António Campinos keeps lying to staff (citing a notorious ‘study’ from Donald Trump’s friend) and working behind staff’s backs to crush their financial stability; the following letter was sent by the Central Staff Committee back in March (at the same time the UK had just entered nationwide lock-down)

THE lock-down ‘wave’ across Europe is putting in jeopardy not only the physical health of millions but also the mental health of an order of magnitude more. Those who still managed to keep their job (usually by working from home) aren’t exactly calm; the risk of losing one’s job is real, it is growing over time, and it’s getting harder and harder to seek alternative employment to catch up/keep up with one’s mortgage payments, student debt or whatnot.

“…the risk of losing one’s job is real, it is growing over time, and it’s getting harder and harder to seek alternative employment to catch up/keep up with one’s mortgage payments, student debt or whatnot.”The EPO is a rich organisation, so there’s no real excuse for Benoît Battistelli‘s friend to continue crushing the staff in the financial sense (let/set aside other aspects of this crushing).

Here’s what staff representatives wrote to Campinos, citing relevant documents for factual backing/support:

Reference: sc20051cl – 0.3.1/4.2.2
Date: 24.03.2020

Mr António Campinos
President of the EPO

ISAR – Room 1081

OPEN LETTER

Discussions on the salary adjustment procedure

Dear Mr President,

A draft new salary adjustment procedure was sent to the WG GCC SSPR on 20 March 2020, still following the approach spelling conflict with staff for the entire duration of its application. In this letter, the Central Staff Committee would like to highlight the biggest flaw (Article 9) and proposes a way forward.

Your proposal is not viable (many technical and legal problems, and no acceptance by staff). Article 9 (affordability clause) is an infamous mechanism continuously cutting the purchasing power of active staff and pensioners. It is certainly not what your staff from whom you expect so many efforts, also at times of a pandemic, deserves. It would be perceived as adding insult to injury. The proposal is as such not acceptable as it

- does not fulfil the minimum criteria for a Salary Adjustment Procedure in an International Organisation;
- violates1 Article 33 of the European Patent Convention;
- wilfully distorts all statistics provided by Eurostat and ISRP after approval of the national statisticians2 and
- will further erode competitiveness of EPO salaries and more generally its attractiveness.

______
1 See footnote on page 13 of the presentation by Mercer dated 16 March 2020: “Pending assessment by Legal regarding compatibility with EPC and Service Regulations”. The Office also seems to have realised that their own proposed methodology is not only very complex, but involves legal risks. We are wondering whether the legal assessment has been carried out in DG 4 or DG 5 and whether it can be communicated to us.
2 We advise again that you have your proposal urgently checked by expert statisticians at Eurostat or ISRP.


In other words, your proposal is not fit for the purpose of adapting the salaries in the second biggest and very successful European Organisation. We urge you to reconsider this article in particular and to enter into the good faith discussion with the staff representation, which is not the case so far.

At this point in time we see two options that we could support to get out of this impasse. You could consider postponing

1. the discussion by one year. In view of Article 10 of the Salary Adjustment Procedure, this would be no problem. It would reassure staff that you are not trying to unfairly take advantage of the current pandemic. It would also be in line with what national governments do under such circumstances, see for instance the decision of the French President to suspend the implementation of a pension reform.

2. the submission of a CA document for decision on the matter to the October meeting of the Administrative Council (AC). Pending this, we inform you that in case of agreement on a salary adjustment procedure, we are ready to give also a positive opinion in the GCC to one additional Article that you are proposing provided it is modified as laid out in the Annex. In other words we would agree to postponing implementation of the adjustments from 1 July to 1 January on a yearly basis (as was done in the Co-ordinated Organisations 27 years ago) provided a compensation for this postponement is implemented in the form of an adjustment of the salary and pension scales (as was also done in the Co-ordinated Organisations3).

This would address any perceived difficulty for management to adopt a new salary adjustment procedure in October with retroactive effect. It would allow extending the discussions to be ready for a decision at the October meeting of the Administrative Council and thus maintain your original time-frame, without staff feeling abused by keeping the June Council for decision.

Both options above would allow you to continue the discussion with us in a more serene atmosphere and on the basis of the basic principles which we have expressed, i.e. a temporary limitation of the adjustment for a determined period and the inclusion of a sharpened exception clause that would trigger in the event of a crisis. We are ready to discuss both the intensity and the duration of such mechanisms, as we already stated. However, by essence these mechanisms (moderation and exception clauses) should be based exclusively on the specific

______
3
CCR/R(93)5, see Article 17

Article 17


indicator, as the latter is the element in a salary adjustment procedure that adjusts the purchasing power uniformly in all places of employment and for pensioners.

The mechanisms that your advisors have been proposing so far are distorting the basic figures provided by the ISRP and Eurostat, rendering correction mechanisms unnecessarily complex, wilfully failing to conform with the provided statistics, and being legally unsafe and socially unacceptable. The EPO would therefore vastly deviate from all other comparable International Organisations in Europe (EU and Co-ordinated Organisations) in such a sensitive area. Is this your mandate?

The consultants have just provided an additional document on 23 March 2020 showing that the solutions we propose have the potential of achieving the savings you are looking for whilst preserving the essential principles on which staff cannot compromise.

You have the chance to depart from your predecessor’s regulation and implementation policy, thereby succeeding in re-establishing social dialogue according to mandate and being seen as the President fully trusting staff to be able to carry it out.

Yours sincerely,

Michael Sampels
Acting Chairman of the Central Staff Committee


ANNEX

CHAPTER VIII

OTHER ARRANGEMENTS

Article ..

Compensatory adjustment at 1 July 2020

Salary scales shall be adjusted at 1 July 2020 by a percentage equal to half of the average weighted trend in Harmonised Index for Consumer Prices for the European Union for the period 1 July 2019 – 1 July 2020 as provided by Eurostat.


The above contains many acronyms, but it’s self-contained in the sense that people who aren’t familiar with EPO affairs can mostly catch up. As the Central Staff Committee put it at the time, more concisely (citing the Donald Trump-connected Mercer ‘study’):

Following the flawed Financial Study of Oliver Wyman and Mercer, Mr Campinos is still putting measure 1 on the table for approval in the coming June council. His proposal is not viable (many technical and legal problems) and provides a mechanism for continuously cutting the purchasing power of active staff and pensioners. It is certainly not what staff deserves after the massive efforts expected at times of a pandemic. It would be perceived as adding insult to injury. In view of the coming discussions, the Central Staff Committee (CSC) has sent Mr Campinos an open letter available here.

There’s a similar passage or paragraph in the letter. For those who wish to know more about the notorious ‘study’, read this.

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/2020/11/10/epo-trumpism/

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. IRC Proceedings: Saturday, May 15, 2021

    IRC logs for Saturday, May 15, 2021



  2. [Meme] When All That Matters is 'Production' and 'Timeliness'

    The EPO has gone down the same route as the U.S. Patent and Trademark Office (USPTO) when it comes to patent quality; as if the goal is to grant 11 million patents (most of them in just a few decades) rather than assess the impact of such patents



  3. The EPO's War on Justice and Assault on the Law -- Part 8: The Radical Student “Brotherhood”

    The latest part in this series explores the roots of Judge Josefsson; that can help explain how Benoît Battistelli constructed his stacked EPO ‘court’, which he and António Campinos basically control to rubber-stamp whatever illegal practices they engage in (in pursuit of money and power, at the expense of the law)



  4. Christoph Ernst Lecturing Us on “Transparency” and EPO Corruption (as Well as Assault on the EPC) Becoming a “New Normal”

    The EPO’s administration continues rushing ahead with an unlawful agenda, exploiting a pandemic that’s gradually coming under control regardless to shred apart the EPC



  5. Richard Stallman's Talk About New/er Risks to Free Software (Free as in Freedom-Respecting, Libre)

    Richard M. Stallman (RMS) gave the above talk not too long before the attacks on him intensified greatly, serving to silence him for nearly 2 years



  6. Jacques Michel and Willy (Guillaume) Minnoye: Stakeholders in EPO Lawlessness

    Former EPO Vice-Presidents who wish not to be held accountable for what they did in the Office (or be chased after leaving their duties, finishing/ending terms there) are adding fuel to the illegal agenda of an EPOnian regime



  7. Links 15/5/2021: Godot 3.3.1 RC 2 and Pine64 Hardware in Focus

    Links for the day



  8. The EPO's War on Justice and Assault on the Law -- Part 7: Calle's Strange Metamorphosis

    Sources believe the “legal anarchy” that EPOnia became notorious for, especially when it comes to handling referrals at the EPO‘s BoA, will become a dark legacy — a legacy that would, if he was alive, disappoint even Josefsson’s source of inspiration



  9. Making up Law at the EPO

    Another video about the ongoing EPO series and some news/commentary from around the Web



  10. Over a Thousand Videos (or Audio Files) and More Protocols Supported

    From just a Web site (ordinary HTTP/S protocol) we've expanded to alternative channels of communication; this is a quick roundup, with focus on last night's development work (already pushed into our self-hosted Git repository)



  11. IRC Proceedings: Friday, May 14, 2021

    IRC logs for Friday, May 14, 2021



  12. Nathan Proctor: Right to Repair and the DMCA

    LibrePlanet 2019 video



  13. [Meme] Calle Calling...

    The values of the Habermasian EPO judge depend on who’s paying the salary



  14. The EPO's War on Justice and Assault on the Law -- Part 6: The Habermasian Who Warned About “Legal Anarchy”

    The political orientation of a Benoît Battistelli-appointed EPO judge who has the audacity to talk about legal anarchy and bemoan abuse of the law; the António Campinos administration extended his term until (at least) 2027



  15. Paid-for Plugs and Coordinated Marketing Fluff (PR Campaigns) Are Ruining 'Linux' Sites

    Junk 'articles' (just marketing disguised as 'news') spoil the World Wide Web; companies repeat the same sales pitch over and over again, sometimes leveraging what they perceive to be avenues read by geeks



  16. Links 15/5/2021: GCC 8.5, Fedora Community Revamp

    Links for the day



  17. Links 14/5/2021: FreeBSD on the Pine H6, Red Hat Hiring

    Links for the day



  18. Protecting Freenode is Protecting the Free Software Movement

    Freenode may seem like a negligible corner of the Internet, which media never bothers mentioning at all; but Freenode, which many have come to take for granted, is core infrastructure for many Free software projects and protecting the network is essential for the Free Software Movement



  19. EPO Justice

    Justice in Europe's second-largest institution, where the law itself is a second-class citizen



  20. IRC Proceedings: Thursday, May 13, 2021

    IRC logs for Thursday, May 13, 2021



  21. Understanding How Freenode (IRC) Works -- or Doesn't Work -- in 2021

    There is a conflict going on behind the scenes at Freenode, but there are also sincere and well-meaning attempts to undo the damage and get back to normal



  22. [Meme] Judges the Office Cannot Control Are Just Nazis With Weapons in Their Office...

    The EPO hasn’t been run by grown-ups for over ten years; Benoît Battistelli, António Campinos and their confidants cannot grasp the concept of law, just blind loyalty



  23. The EPO's War on Justice and Assault on the Law -- Part 5: Battistelli's “Swedish Chef”

    The EPO's 'courts' are controlled by the people whom they're supposed to judge on; this has been the case for at least half a decade



  24. Links 14/5/2021: KDE Plasma 5.22 Beta and GNOME 40 in Gentoo

    Links for the day



  25. Audio: “Unjust Computing Clamps Down” by Richard Stallman

    The FSF has finally uploaded the LibrePlanet talk of Richard Stallman



  26. Links 13/5/2021: KDE Gear 21.04.1 and LibreOffice 7.0.6

    Links for the day



  27. The EPO's War on Justice and Assault on the Law -- Part 4: The President of the Boards of Appeal

    A deeper look into the ‘sausage factory’ that is EPO tribunals certainly helps us understand the inherent bias of many decisions, including a recent decision on European software patents like a controversial simulation patent



  28. Judging the Judges

    Today we shall take a closer look at Carl Josefsson, a person who shall become a figure of interest if he sends EPO courts to the United States in clear violation of the EPC (looking to rubber-stamp an unlawful decision already made before this case even started)



  29. When EU Authorities Tell You to Complain to the EPO Itself About EPO Privacy Violations...

    “Kafkaesque” at the EPO; Kafka could do a whole novel about the flirtations with or affairs of ‘justice’ at the EPO



  30. The Need for Reliable Governance at Freenode

    Why the current and high-profile (albeit somewhat covert) owner of the network, who seems to care about Free software (it has made him very wealthy), should put the whole thing in reliable hands and not attempt to 'monetise' it in any way


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