Bonum Certa Men Certa

The EPO's Central Staff Committee and SUEPO (Staff Union) Respond to “Fascist Bills” Supported by EPO President António Campinos

"Internal appeals against strike regulations"

EPO vs Staff unequal fight



Summary: Raw material pertaining to the latest Campinos "scandal"; what Campinos said, what the Central Staff Committee (CSC) said, and what SUEPO said

THE STAFF of the European Patent Office (EPO) is disappointed to see yet more evidence that Battistelli remains 'in power' through his friend António Campinos, whom he left in charge. From Friday:



Munich, 13.09.2019 sc19121cp - 0.2.1/0.3.2

Internal appeals against strike regulations



In his Communiqué No.19 of 3 September 2019 Mr Campinos celebrates the majority opinions of the Appeals Committee that validated the Office’s approach to the right to strike. Mr Campinos fails to consider the solid minority opinions. The decisions will be appealed at the ILOAT.

A bit of “evolutionary history” is often helpful to understand the present.

Changing the rules during the game...

Early in 2013 the SUEPO trade union called for an office-wide action plan 1. This was in response to outstanding concerns of staff, specifically concerning performance management (abolition of warning letters), well-being (house arrests for sick staff), the career system (reduction of the budget), a ban on mass emails, and the investigation guidelines.

The answer of Mr Battistelli was to submit during the on-going conflict a proposal on strike regulations (CA/D 5/13 and Circular 347) which made striking much more difficult by:

- restricting the allowed nature and duration of a strike;

- restricting the allowed grounds for a strike2 (to only relate to “conditions of employment”);

- introducing a 1/20th deduction of monthly salary per day (instead of 1/30th);

- allowing small, non-statutory, ad-hoc groups to bypass unions and initiate strike ballots; and

- preventing a strike ballot being organised by others than the Administration.

Mr Battistelli pretended in front of the Administrative Council3 that the purpose of these amendments was to fill a legal vacuum and that, for the first time in EPO history, the newly introduced Article 30a ServRegs would recognise the right to strike. The then VP5 declared that: “[t]he new regulations had been proposed considering general legal principles, European rights and ILOAT standards.”

Interestingly, and somewhat contradictorily, the Administration argued before the Appeals Committee that it did not consider ILO Convention 151 on Labour Relations to be binding on the EPOrg. However, the right to strike emanates from the fundamental right to freedom of association, a right already recognised in Article 30 ServRegs. In contrast, Article 30a almost voids the right to strike and thus attacks our right to freedom of association. ____ 1 “Note to all staff: meeting with the President on 16 May 2013” (sc13074cp) 2 “Strike for climate not possible at the EPO”, CSC Intranet publication of 19 August 2019 3 “Draft minutes of the 136th meeting of the Administrative Council” (CA/64/13), attended by Mr Campinos (CA/52/13 Rev. 1) in his capacity as Head of the OHIM (now EUIPO) and Mr Christoph Ernst (now VP5) as Head of the German Delegation




... and threatening staff on strike on 2 July 2013

On 1 July 2013, the new regulations entered into force4. SUEPO informed staff that Circular 347 was unlawful. SUEPO explained that already in February 2013 its action plan had been successfully balloted, with a credible quorum and an overwhelming majority in all places of employment, for actions until 1 September 2013. Several hundred staff members declared themselves on strike on 2 July 20135. On 9 July 2013, Ms Bergot (PD4.3) sent letters to them in which she refused to recognise the claimed industrial action as a strike and asserted that the staff members had been on unauthorised absence and were liable to disciplinary measures.

The rise of (anonymous) calls for the strike

Towards the end of 2013 (anonymous) groups of staff started organising themselves and circulating petitions to initiate strike ballots. The LIFER call for strike (6 September 2013) was a major success culminating in a massive vote of no confidence in Mr Battistelli who then tried to avoid this situation again in view of the Administrative Council meeting of June 2014 when his re-election would be on the agenda.

To this end, Mr Battistelli refused to organise the ballot for the subsequent IFLRE call for strike (24 October 2013) on the spurious ground that there should be a “one-month cooling-off period”. The ballot for the PEACES call for strike (23 January 2014) was postponed by unduly accusing an expert of the staff representation of breach of data protection. The ballot of the UNITY call for strike (16 May 2014) was deliberately postponed until it was not possible to organise it anymore.

In conclusion, history teaches us that the strike regulations were designed to give the President means to thwart staff’s attempts to contest reforms.

Six years later, in the Appeals Committee

The unlawfulness of the strike regulations (2 July 2013), the brutality of their enforcement (requisitions) and their wrong application (for IFLRE, PEACES, UNITY) triggered a significant number of appeals. Six years later the matter was finally treated by the Appeals Committee.

In his Communiqué, Mr Campinos celebrates the majority opinions of the Appeals Committee (ApC) that validated the Office’s approach to the right to strike. Mr Campinos fails to consider the solid minority opinions and the fact that the Chair of the ApC sided with the nominees of the Administration6.

Among others, we are concerned that the majority found “requisitions in the event of strike to be lawful in relation to opposition proceedings and other tasks which cannot be taken over by a colleague at short notice”. We remind you that an unavoidable consequence of a strike is to cause some work disruption, if the strike is to be effective.

_____ 4 “New Circular 347”, VP4 Communiqué of 28 June 2013 5 “Feedback on 2 July 2013 strike”, SUEPO publication (su13092cp) 6 We regret that the Chair was appointed by the President without consulting us. We always pleaded for an appointment based on a joint proposal involving Staff Representation.




Will Mr Campinos question the past?

When the new strike regulations were discussed in the Administrative Council in June 2013 Mr Christoph Ernst, who was head of the German delegation at the time, advised the EPO “to evaluate the rules within one or two years to ensure that the intended aims had indeed been reached.” Such evaluation never took place. Mr Ernst is now Vice-President “Legal Affairs” (VP5) and it is his duty to advise the President. Labour law does not, however, fall anymore under his remit since it has been transferred to Ms Bergot (PD4.3).

Now, Mr Campinos announces that “the right to strike will be revisited in the framework of upcoming discussions between the Office and the unions”.

We acknowledge that Mr Campinos shows readiness to organise meetings but, unfortunately, we also see a marked reluctance to question the past (and partly present) disastrous practice. The concerns of staff, repeatedly expressed since 2013, are still on the agenda, and there is much room for substantial progress.

Next steps

In addition to discussing this topic with the President, his decisions on the strike appeals will be brought to the ILOAT soon. Staff will be informed accordingly.

The Central Staff Committee


What has SUEPO said about it? It's not the same as the Central Staff Committee and can usually issue more harshly-worded statements:



Mr Campinos has just missed a golden opportunity to reconsider the dubious legacy of his predecessor.


Because they're the same.

Here's the full publication:

Strike comment from SUEPO



The new publication by the President of the EPO went as follows (this is what the above alludes to):

Internal appeals against strike regulations

03.09.2019

Outcome confirms validity of the Office's regulatory framework

Dear Colleagues,

The right to strike is a widely recognised principle, and in the EPO specifically set out in Article 30a of the ServRegs. Recently, the Appeals Committee issued several opinions involving the legal framework regulating the right to strike. On the merits, the Office has endorsed the recommendation of the majority of the Committee in these opinions.

While the opinions concern individual appeals, they also address the legality of certain aspects of the regulatory framework, as adopted by the Administrative Council on 1 July 2013 (CA/D 5/13), and I would like to share with you some of the general findings.

Most importantly, it can be noted that the Committee's majority considered that the rules regarding strike - to the extent they were relevant for the assessment of the individual appeals - are lawful. In particular, it validated the lawfulness of:

€· The rule of 1/20th deduction of monthly salary per day of participation in strike as it applies within the context of absences from working days;

€· The decision to allow smaller ad hoc groups to initiate strike ballots;

€· The Office bearing the subsequent responsibility to organise a strike ballot, with the Supervisory Committee providing adequate safeguard.

As regards the Office's obligation to organise strike ballots, it was considered that a decision by the President to postpone a ballot must be both justified and proportionate. In the case of one strike initiative in 2014, this was found not to be the case (UNITY), while in two others (PEACES and IFLRE) data protection issues and the need for a "cooling-off period", respectively, was considered lawful. With regard to the latter case, I believe the outcome of the most recent call for strike confirmed that constructive discussions may indeed take place during such a period, and make strike unnecessary.

It has also been confirmed that requisitions in the event of strike are lawful, provided they are imposed in a proportionate manner. A distinction was drawn between the type of oral proceedings concerned, and in the cases at hand, the Committee unanimously considered the requisition orders issued in relation to oral proceedings in examination not to be proportionate. However, in relation to opposition proceedings and other tasks which cannot be taken over by a colleague at short notice, the requisition orders were considered to be lawful.

To conclude, these findings confirm the validity of the Office's regulatory framework regarding the right to strike and the protections it offers. Nevertheless, as mentioned in the Strategic Plan for 2023, the right to strike will be revisited in the framework of upcoming discussions between the Office and the unions. I look forward to constructive and conducive discussions in this regard.

António Campinos

President


Above is "the text of Mr Campinos' communiqué published on intranet and SUEPO TH's answer to the matter," one reader told us. They're alluding to "fascist bills":

--------------------

What is happening at EPO?

Antonio Campinos President of the European Patent Office and ex EU top official endorses Battistelli's strike rules inspired by fascist bills.

Was he not elected to re-establish social dialogue and respect the rule of law?

---------------------




It seems pretty safe to say that staff isn't happy and the true nature of Campinos continues to reveal itself.

Recent Techrights' Posts

SLAPP Censorship - Part 187 Out of 200: Reminding Ourselves of the Great Damage Garrett Did to Linux (for Microsoft)
he rejects freedom
IBM's Anderon Another Opportunity for Debt-Loading, Publicity Stunts, Maybe Hidden Layoffs
Anderon is like Theranos
In Praise of 7 Years of Alex Oliva in the FSF, Not IBM
Thank you, Mr. Oliva, for 7 years of uncompressing advocacy and perseverance
Linux Kernel Becoming a Slopfest - Part 2 - Bribes From Slop Pushers Divide Us
Money can and does divide people
 
43rd Anniversary of the GNU Project Announcement
Coming soon
General Assembly (Meeting of All Staff) Starts in Hour Ago to Discuss Strikes at Europe's Second-Largest Institution (EPO), Strikes to Last Until End of 2026 (If Not Further)
The media absolutely does not cover this and that's intentional
Cancel Culture is a Cancer That Harms Democracy, Justice, and Science. It's Designed to Help Corporations Vanish Their Critics.
"Codes of Conduct" sounds benign; in practice, however, it is not
Links 17/09/2026: Class Action Lawsuit Over GAFAM's "NameTag" and Automattic Hides What It Did to CEO Mullenweg (or Why)
Links for the day
Gemini Links 17/09/2026: Google Signals the End, ROOPHLOCH Coverage, EBay Uses Offensive Bots to Falsely Accuse Users of Stuff
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 16, 2026
IRC logs for Wednesday, September 16, 2026
SLAPP Censorship - Part 186 Out of 200: Love (Always Commands)
This coming Friday we celebrate our wedding anniversary
With Half of September Finished Clownflare Radar Sees GNU/Linux at 7% "Market Share"
On desktops/laptops
Gemini Links 16/09/2026: Cards, Nature, and Conspiracy Theorists
Links for the day
Links 16/09/2026: Proprietary Chatbots Company Lets Humans Moderate Chatbots, "Putin Looking to See How Far he Can Push NATO"
Links for the day
The Only Still-Supported Version of Windows Breaks Itself (Again), the Microsoft Layoffs Will Carry on in Secret
In the US they marked about 7% for removal just this past summer
Wikileaks Turns 20 Just 18 Days From Now
it's fair to say they've endured online, but aren't lively/active
The Cyber Show Debunks the Alleged Intelligence in Slop
It's shorter than usual
Expecting Failure
Some things would not happen to technology (tech) experts because they know how things work and what to expect (or watch out for)
Links 16/09/2026: US Running Low/Out of Some Ammo Due to Wars, Slop Bots "Are Using an Outrageous Amount of Electricity"
Links for the day
"AI Slowdown" is Code Word for Bubble Imploding (Trying to Make This Slowdown Seem Wilful, an Act of Safety and Responsibility)
They help one another by inflating the bubble and making false excuses when expansion stalls
SLAPP Censorship - Part 185 Out of 200: What Reputation?
Helping monopolies and working for monopolies never made anybody popular
Gemini Links 16/09/2026: Slovenia, Catastrophe Ethics, and ROOPHLOCH 2026
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 15, 2026
IRC logs for Tuesday, September 15, 2026
Microsoft Layoffs in September 2026 Are Silent, Hidden
Expect the same next month ahead of the fake results
Links 15/09/2026: 'Smartphone', Android TV Box, Stockholm Syndrome of [Slop Plagiarism] Acceptance
Links for the day
Carmen-Lisandrette Maris Prepares Audiobook to Explain Software Freedom/Digital Rights to Adolescents, Needs Help From Volunteers
needs help with narrating
Links 15/09/2026: Putin-Connected Money for The Insurrectionist Jr. and Turkey's Crackdown on Activists
Links for the day
publicdomainpictures.net Seems to Have Become Fed Up With Slop Contaminating Its Database (Wasting Storage, Bandwidth), Now It's Suitably Flagged, Should Be Demoted/Delisted
The site was redone, suffered some hours of downtime, then 'relaunched' with a new interface this week
Gemini Links 15/09/2026: Hiking in Munții Făgăraș, Scams, and Slop Plagiarism Considered Unethical
Links for the day
Linux Kernel Becoming a Slopfest - Part 1 - At the Beginning (Torvalds Knew It Was Trouble)
We still wonder if we should make and actively maintain a shame list (developer/employer) for the people who contaminate Linux the most with slop plagiarism
EPO Staff is Preparing to Take Up a Notch the Strikes and Other Industrial Actions Ahead of October's Meeting (It Can Help Oust the Corrupt Leadership)
mobilising perhaps thousands of workers at a critical time in the history of the Office
unixcop.com is the Latest "Linux" Site to Have Become a Slopfarm After 2 Years of Death (Inactivity)
Not a way to stage a comeback
Allegedly Many PIP Layoffs in Nepal, IBM Does This Before a Known Death Toll in Avalanche (Caused by China-, Europe-, and US-Induced Global Warming)
Fresh wounds, before the bodies are even recovered (thousands still missing)
"Wail" by Alexandre Oliva
This work is licensed under the Creative Commons License BY-SA (Attribution ShareAlike) 4.0 International
This Morning The Register MS Published a Page With "AI" 83 Times in it. The Register MS Got Paid to Do This.
The Register MS is not a serious publisher and a lot of the stuff about "AI" on the Web isn't journalism but paid-for SPAM
While GAFAM/Microsoft Disguise Financial Crisis as "Investment in AI" the Slop Giants Make Up a Narrative of Wilful Slowdown
A BS artist is good at the art of BS when the artist's failures or weaknesses get twisted as moral or professional leadership
SLAPP Censorship - Part 184 Out of 200: A Tiny Law Firm That Knows Nothing But Microsoft (But Merely Pretends to Understand "IT")
They've managed to trick some mainstream media into thinking they're "Tech" experts or "Social [Control] Media" gurus; nothing could be further from the truth
Links 15/09/2026: Sweden’s Far Right Perishing and "Iceland Just Got Played"
Links for the day
It's Not About How Developers Vote
This isn't about politics, it's about users being in control of their own computers and computing
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 14, 2026
IRC logs for Monday, September 14, 2026
Gemini Links 15/09/2026: Poetry, Enshittification of Ebay, and Mecha System
Links for the day