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

Google Has Mass Layoffs (Again), But the Problem is Vastly Larger
started as a rumour about January 2025
Electronic Frontier Foundation Defends Companies That Attack Free Speech Online (Follow the Money)
One might joke that today's EFF has basically adopted the same stance as Donald Trump and has a "warm spot" for BRICS propaganda
 
Gemini Links 22/12/2024: Solstice and IDEs
Links for the day
BetaNews: Microsoft Slop is Your "Latest Technology News"
Paid-for garbage disguised as "journalism"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 21, 2024
IRC logs for Saturday, December 21, 2024
Links 21/12/2024: EU on Solidarity with Ukraine, Focus on Illegal and Unconstitutional Patent Court in the EU (UPC)
Links for the day
[Meme] Microsofters at the End of David's Leash
Hand holding the leash. Whose?
Deciphering Matt's Take on WordPress, Which is Under Attack From Microsofters-Funded Aggravator
the money sponsoring the legal attacks on WordPress and on Matt is connected very closely to Microsoft
Gemini Links 21/12/2024: Projections, Dead Web ('Webapps' Replacing Pages), and Presentation of Pi-hole
Links for the day
American Samoa One of the Sovereign States Where Windows Has Fallen Below 1% (and Stays Below It)
the latest data plotted in LibreOffice
[Meme] Brian's Ravioli
An article per minute?
Links 21/12/2024: "Hey Hi" (AI) or LLM Bubble Criticised by Mainstream Media, Oligarchs Try to Control and Shut Down US Government
Links for the day
LLM Slop is Ruining the Media and Ruining the Web, Ignoring the Problem or the Principal Culprits (or the Slop Itself) Is Not Enough
We need to encourage calling out the culprits (till they stop this poor conduct or misconduct)
Christmas FUD From Microsoft, Smearing "SSH" When the Real Issue is Microsoft Windows
And since Microsoft's software contains back doors, only a fool would allow any part of SSH on Microsoft's environments, which should be presumed compromised
Paywalls, Bots, Spam, and Spyware is "Future of the Media" According to UK Press Gazette
"managers want more LLM slop"
On BetaNews Latest Technology News: "We are moderately confident this text was [LLM Chatbot] generated"
The future of newsrooms or another site circling down the drain with spam, slop, or both?
"The Real New Year" is Now
Happy solstice
Microsoft OSI Reads Techrights Closely
Microsoft OSI has also fraudulently attempted to censor Techrights several times over the years
"Warning About IBM's Labor Practices"
IBM is not growing and its revenue is just "borrowed" from companies it is buying; a lot of this revenue gets spent paying the interest on considerable debt
[Meme] The Easier Way to Make Money
With patents...
The Curse (to Microsoft) of the Faroe Islands
The common factor there seems to be Apple
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 20, 2024
IRC logs for Friday, December 20, 2024
Gemini Links 21/12/2024: Death of Mike Case, Slow and Sudden End of the Web
Links for the day
Links 20/12/2024: Security Patches, Openwashing by Open Source Initiative, Prison Sentence for Bitcoin Charlatan and Fraud
Links for the day
Another Terrible Month for Microsoft in Web Servers
Consistent downward curve
LLM Slop Disguised as Journalism: The Latest Threat to the Web
A lot of it is to do with proprietary GitHub, i.e. Microsoft
Gemini Links 20/12/2024: Regulation and Implementing Graphics
Links for the day
Links 20/12/2024: Windows Breaks Itself, Mass Layoffs Coming to Google Again (Big Wave)
Links for the day
Microsoft: "Upgrade" to Vista 11 Today, We'll Brick Your Audio and You Cannot Prevent This
Windows Update is obligatory, so...
The Unspeakable National Security Threat: Plasticwares as the New Industrial Standard
Made to last or made to be as cheap as possible? Meritocracy or industrial rat races are everywhere now.
Microsoft's All-Time Lows in Macao and Hong Kong
Microsoft is having a hard time in China, not only for political reasons
[Meme] "It Was Like a Nuclear Winter"
This won't happen again, will it?
If You Know That Hey Hi (AI) is Hype, Then Stop Participating in It
bogus narrative of "Hey Hi (AI) arms race" and "era/age of Hey Hi" and "Hey Hi Revolution"
Bangladesh (Population Close to 200 Million) Sees Highest GNU/Linux Adoption Levels Ever
Microsoft barely has a grip on this country. It used to.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 19, 2024
IRC logs for Thursday, December 19, 2024