Bonum Certa Men Certa

Team Battistelli Tries to Bend the Rules to Prevent the European Patent Office From Going on Strike

Summary: The Central Staff Committee of the European Patent Office refuses to be intimidated by Battistelli's inner circle and insists on the right of staff to go on strike next month

TWISTING the law in its own favour isn't atypical a practice at Battistelli's EPO (the high-level management). The man revels in autocracy. One person asked me today: "Is there any truth in rumours that the big man has gone?" Rumours that Battistelli has been sacked or resigned (sounds familiar) are most likely false. As one person put it, "the place is bristling with rumours following yesterday's B28 meeting.



"There is something going on, but I can't separate the wheat from the chaff.

"All I can say is that it appears to have been a very rough meeting."

One thing we do know is that as of yesterday, there was a fight over staff's intent/thoughts of going on strike. The following letter is self-explanatory as context is included/alluded to:

European Patent Office | 80298 MUNICH | GERMANY

Ms Elodie Bergot PD Human Resources Isar – R 718

Interlocutor and representatives to the ballot committee



Dear Ms Bergot,

We refer to your e-mails of Friday 12 February 2016, one addressed to us and one addressed to the colleagues who signed a recent call for strike in accordance with Circular No. 347, initiated and organised by staff (Annex 1).

In the above-mentioned mails you acknowledge that the quorum of 10% of staff has been reached and confirm that the Office will organise a ballot within one month, i.e. on 9 March at the latest.

The call for strike designates an external lawyer as the contact person representing the undersigned. In the e-mail to the petitioners, you state that “strike shall be a means of last report and the time of preparation of the ballot should be used to discuss the claims presented in the call for strike.”

According to your mail “external attorneys cannot be considered as social partners to engage into meaningful discussions regarding to EPO’s internal matters.” The petitioners are therefore invited to designate representatives from among active EPO staff members.

We wish to point out the following:

  • There is no basis in law or in reason to reject any given person as an interlocutor. Specifically, there is no rule dictating that the European Patent Office interlocutor must be an active EPO staff member.


  • It is not clear how the petitioners could designate their representatives. The petitioners do not know each other and in any case cannot send e-mails to more than 50 persons with their EPO e-mail account.





  • The petition concerns central staff matters. The CSC is the elected staff representation responsible for central matters.


In order to avoid endangering the strike ballot, the external lawyer has asked the CSC to accept delegation of his mandate for any further process or action with regard to the upcoming procedural steps foreseen by the EPO administration. We intend to accept this delegation.

Concerning the mail addressed to us, we designate the following representatives to the ballot committee:

Stéphane Écolivet Ansgar Wansing

Yours sincerely,

The Central Staff Committee

We confirm that this letter was legitimately decided and produced by the Central Staff Committee1.

__________ 1 Pursuant to Article 35(3) ServRegs, the Central Staff Committee shall consist of ten full and ten alternate members.

The CSC presently consists of 17 members, because two have resigned in Dec 2014 and one has been dismissed in Jan 2016 (against the recommendation of the Disciplinary Committee).

One full member of the CSC has been downgraded in Jan 2016 (against the recommendation of the Disciplinary Committee). In fact, the Office has launched investigations and disciplinary procedures against other Staff representatives as well, affecting negatively their health.


Here is the original with all the signatures included:

Letter to Bergot - page 1



Letter to Bergot - page 2



Letter to Bergot - page 3



Letter to Bergot - page 4



Stay tuned as there's more on the way.

Recent Techrights' Posts

Microsoft: Our "Goodwill" Gained Over 51 Billion Dollars in the Past Nine Months Alone, Now "Worth" as Much as All Our Physical Assets (Property and Equipment)
The makeup of a Ponzi scheme where the balance sheet has immaterial nonsense
FSFE (Ja, Das Gulag Deutschland) Has Lost Its Tongue
Articles/month
Ian Jackson & Debian reject mediation
Reprinted with permission from disguised.work
How to get selected for Outreachy internships
Reprinted with permission from disguised.work
 
Lucas Kanashiro & Debian/Canonical/Ubuntu female GSoC intern relationship
Reprinted with permission from disguised.work
Pranav Jain & Debian, DebConf, unfair rent boy rumors
Reprinted with permission from disguised.work
Links 27/04/2024: Kaiser Gave Patients' Data to Microsoft, "Microsoft Lost ‘Dream Job’ Status"
Links for the day
Gemini Links 27/04/2024: Sunrise Photos and Slow Productivity
Links for the day
Almost 2,700 New Posts Since Upgrading to Static Site 7 Months Ago, Still Getting More Productive Over Time
We've come a long way since last autumn
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 26, 2024
IRC logs for Friday, April 26, 2024
Overpaid lawyer & Debian miss WIPO deadline
Reprinted with permission from disguised.work
Brian Gupta & Debian: WIPO claim botched, suspended
Reprinted with permission from disguised.work
Microsoft's XBox is Dying (For Second Year in a Row Over 30% Drop in Hardware Sales)
they boast about fake numbers or very deliberately misleading numbers that represent two companies, not one
[Meme] Granting a Million Monopolies in Europe (to Non-European Companies) at Europe's Expense
Financialization of the EPO
Salary Adjustment Procedure at the EPO Challenged
the EPO must properly compensate staff in order to attract and retain suitably skilled examiners
Links 26/04/2024: Surveillance Abundant, Restoring Net Neutrality Rules (US)
Links for the day
Gemini Links 26/04/2024: uConsole and EXWM and stdu 1.0.0
Links for the day
Red Hat Corporate Communications is "Red" Now
Also notice they offer just two options: MICROSOFT or... MICROSOFT!
Links 26/04/2024: XBox Sales Have Collapsed, Facebook's Shares Collapse Too
Links for the day
Albanian women, Brazilian women & Debian Outreachy racism under Chris Lamb
Reprinted with permission from disguised.work
Microsoft-Funded 'News' Site: XBox Hardware Revenue Declined by 31%
Ignore the ludicrous media spin
Mark Shuttleworth, Elio Qoshi & Debian/Ubuntu underage girls
Reprinted with permission from disguised.work
Karen Sandler, Outreachy & Debian Money in Albania
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 25, 2024
IRC logs for Thursday, April 25, 2024
Links 26/04/2024: Facebook Collapses, Kangaroo Courts for Patents, BlizzCon Canceled Under Microsoft
Links for the day
Gemini Links 26/04/2024: Music, Philosophy, and Socialising
Links for the day
Microsoft Claims "Goodwill" Is an Asset Valued at $119,163,000,000, Cash Decreased From $34,704,000,000 to $19,634,000,000 and Total Liabilities Grew to $231,123,000,000
Earnings Release FY24 Q3
More Microsoft Cuts: Events Canceled, Real Sales Down Sharply
So they will call (or rebrand) everything "AI" or "Azure" or "cloud" while adding revenues from Blizzard to pretend something is growing
CISA Has a Microsoft Conflict of Interest Problem (CISA Cannot Achieve Its Goals, It Protects the Worst Culprit)
people from Microsoft "speaking for" "Open Source" and for "security"
Links 25/04/2024: South Korean Military to Ban iPhone, Armenian Remembrance Day
Links for the day
Gemini Links 25/04/2024: SFTP, VoIP, Streaming, Full-Content Web Feeds, and Gemini Thoughts
Links for the day
Audiocasts/Shows: FLOSS Weekly and mintCast
the latest pair of episodes
[Meme] Arvind Krishna's Business Machines
He is harming Red Hat in a number of ways (he doesn't understand it) and Fedora users are running out of patience (many volunteers quit years ago)
[Video] Debian's Newfound Love of Censorship Has Become a Threat to the Entire Internet
SPI/Debian might end up with rotten tomatoes in the face
Joerg (Ganneff) Jaspert, Dalbergschule Fulda & Debian Death threats
Reprinted with permission from disguised.work
Amber Heard, Junior Female Developers & Debian Embezzlement
Reprinted with permission from disguised.work
[Video] Time to Acknowledge Debian Has a Real Problem and This Problem Needs to be Solved
it would make sense to try to resolve conflicts and issues, not exacerbate these
Daniel Pocock elected on ANZAC Day and anniversary of Easter Rising (FSFE Fellowship)
Reprinted with permission from Daniel Pocock
[Video] IBM's Poor Results Reinforce the Idea of Mass Layoffs on the Way (Just Like at Microsoft)
it seems likely Red Hat layoffs are in the making
Ulrike Uhlig & Debian, the $200,000 woman who quit
Reprinted with permission from disguised.work
IRC Proceedings: Wednesday, April 24, 2024
IRC logs for Wednesday, April 24, 2024
Over at Tux Machines...
GNU/Linux news for the past day