Bonum Certa Men Certa

Letter Says EPO MoU “Raises Questions About FFPE's Credibility as a Federation of Genuine Staff Unions”

EPO meme



Summary: The letter from Union Syndicale Federale and some news regarding the staff unions, one of which seems yellow and another genuine

EARLIER this week we published images of a letter from Union Syndicale Federale, in which FFPE-EPO was slammed for its MoU with EPO management. We've finally found some time to manually extract the text from it and it goes like this (with our emphasis in yellow):



Brussels, 18 March 2016

USF position on the Memorandum of understanding signed 2nd March 2016 EPO/FFPE

Union Syndicale Federale (USF) has been occasionally a partner of FFPE since the signature of the first "accord cadre" with the EU Commission decades ago. USF is very disappointed by FFPE's support for the EPO (European Patent Office) Memorandum of Understanding (MoU), signed on the 2nd March 2016 in Brussels.

In contrast with FFPE, the Union Syndicale branches at the European Patent Office (Staff Union of the EPO, SUEPO) affiliated to USF did not sign the MoU. While the signatures under the document only include FFPE-The Hague (the only FFPE branch of the EPO), FFPE officials from the federal level at FFPE attended the ceremony in Brussels (European Commission, Council of Europe). It is obvious that FFPE as a whole decided to be outspoken about the MoU submitted by the EPO president and to support it. We do not know what considerations drove FFPE at federal level to this step -- perhaps the insignificance of FFPE in The Hague (a few dozen members, according to media reports, no members at the headquarters in Munich or other EPO places of employment), to be compared with more than 3000 SUEPO members may have played a role. Whatever their motivation, the FFPE signature raises questions about FFPE's credibility as a federation of genuine staff unions.

It is our position that it is unthinkable for any union to sign a MoU with the EPO while three SUEPO leaders in Munich have been severely sanctioned, two of them being summarily dismissed in January 2016 on very questionable grounds. SUEPO participated in the early tripartite meetings with the EPO administration and FFPE to discuss a draft MoU and we can even recall from the first meeting in May 2015 everyone's readiness to establish a MoU based on the framework agreements already in place at other EU institutions.

But the first prerequisite, of course, is that the EPO President reinstates the dismissed union officials, suspends all other cases and investigations against union representatives and submits all such sanctions to external review. Further prerequisites are that SUEPO's claim that the severe limitations on the right to strike introduced with EPO Circular 347 (June 2013) must be removed, since they appear to violate fundamental rights and freedoms provided under ILO Conventions. The so far ignored Dutch Appeal Court's Judgement of 2014 in favour of SUEPO-The Hague must finally be enforced by the EPO and the questionable internal EPO investigation guidelines must be removed.

Considering the disastrous HR policy at the EPO of the last three years which has been amply reported upon in the media (see the links at the bottom of this communication), signing an agreement simply on the basis of good trust should not have been possible for any staff union.

Furthermore, the final content of the MoU has some unconvincing elements: the "generous" authorization to communicate twice per year with staff members via internal e-mails (Art.16.3 of the MoU), the total absence of representativeness criteria to be met for formal recognition (Art.7 of the MoU) and the veto the EPO President may exercise over the agenda of meetings (Art.11, 12.2, 13.4 of the MoU) clearly fail to counterbalance the constraints imposed on the signatory unions elsewhere in the document (Art.13.6 of the MoU).

USF firmly believes that it is just unthinkable, even for a union like FFPE that happens to compete with USF branches, to let competition between unions prevail over their fundamental rights. FFPE members in international public service deserve a much better leadership. Consequently, 2 March 2016 will be remembered as a black day in FFPE's history and a sad memory for all genuine staff unions serving staff in the international public sector.

Finally, we refute the EPO President's claims that anything meaningful was achieved with the agreement of the 2nd March 2016.

The MoU is available under: http://de.scribd.com/doc/301894955/EPO-Memorandum-of-understanding

Links to public comments on the social dialogue at the European Patent Office http://suepo.org/public/news (see also the TV reports in Germany and the Netherlands available as links on the SUEPO website)

Bernd Loescher USF President


On Thursday we saw a new comment noting that the "words of USF are not harsh but they call a spade a spade: no true union would do what FFPE-EPO did whilst spending its time criticising SUEPO for years, falling in the back of SUEPO by submitting documents to the defense position of the EPO in the Office court case in TH and now signing this appalling MoU."

"FFPE is known everywhere to be a yellow union. They are pro management at the EU too. At least they should assume they positions !"

Recall what we previously wrote on the subject.

  1. In the EPO's Official Photo Op, “Only One of the Faces is Actually FFPE-EPO”
  2. Further Evidence Suggests and Shows Stronger Evidence That Team Battistelli Uses FFPE-EPO as 'Yellow Union' Against SUEPO
  3. “FFPE-EPO Was Set up About 9 Years Ago With Management Encouragement”
  4. Fallout of the FFPE EPO MoU With Battistelli's Circle
  5. The EPO's Media Strategy at Work: Union Feuds and Group Fracturing
  6. Caricature of the Day: Recognising FFPE EPO
  7. Union Syndicale Federale Slams FFPE-EPO for Helping Abusive EPO Management by Signing a Malicious, Divisive Document
  8. FFPE-EPO Says MoU With Battistelli Will “Defend Employment Conditions” (Updated)
  9. Their Masters' Voice (Who Block Techrights): FFPE-EPO Openly Discourages Members From Reading Techrights


Problem Solved? Nope. Hardon Gets What She Worked Hard For.



Meanwhile, there are several indications that SUEPO is getting some justice (however little). Sources are telling us that in the case of Elizabeth Hardon the sanctions/dismissal was softened somewhat. It's a symbolic token, but it might be a first step among several. "You probably already heard," one person told us, "that the decision against Elizabeth Hardon was partially reversed by the president this week. During an internal review procedure, Mr Battistelli maintained the dismissal but he dropped the 20 percent reduction of her pension. [...] Mr Battistelli must have had a lot of pressure from the Council to make a little step back, for the first time."

"Staff representatives enjoy some particular protections and arbitrarily punishing them for their union duties is not compatible with this century in a civilised continent."This kind of sanction was so controversial that it's no wonder it had to be removed. But it's hardly enough. Based on the latest votes, Hardon remains a leader in SUEPO, so her dismissal still looks terrible and simply unjust. If Battistelli truly believes that giving people their retirement entitlement (which they worked hard for) after firing them and just before Easter can be considered a 'gift', then he must be assuming that concessions from him can be as "'generous' [as] authorization to communicate twice per year with staff members via internal e-mails," to quote the letter above.

SUEPO has already made its demands clear on numerous occasions, both while negotiating a potential MoU [PDF] and when it later made a call for strike. Staff representatives enjoy some particular protections and arbitrarily punishing them for their union duties is not compatible with this century in a civilised continent.

Recent Techrights' Posts

Over at Tux Machines...
GNU/Linux news for the past day
 
Microsoft Layoffs and Closures Now Reported in Africa
Microsoft Uninstalls Nigeria as it closes African Development Centre (ADC) in Lagos
Support for harassment and abuse victims
Reprinted with permission from Daniel Pocock
Gemini Links 09/05/2024: Being Sick Enough and End of “World of Ends“
Links for the day
Links 09/05/2024: 'Hey Hi' (AI) Bubble Implodes Some More, Microsoft Layoffs So Widespread It's Hard to Keep Track
Links for the day
Speaking of Enshittification and Freedom, We've Still Not Begun Tackling the UEFI 'Secure' Boot Mess (Preventing GNU/Linux From Even Booting!)
Microsoft continues to fly under the radar and commit competition crimes with impunity
Microsoft Has Just Confirmed Mass Layoffs in Nigeria, It Now Adds Insult to Injury With Price Hikes for Locals
It's not like Microsoft paid them good salaries
Software Enshittification or Freedom? It's not a hard choice!
Reprinted from Alexandre Oliva
Links 09/05/2024: More Microsoft Layoffs on the Way
Links for the day
Amid Microsoft Layoffs in Nigeria GNU/Linux Climbs Above 6% Market Share (Not Including ChromeOS)
Hundreds are being laid off by Microsoft in Nigeria, based on yesterday's reports
[Meme] Blame the Robots or the 'Hey Hi' (AI), It Always Works in Today's Media
Companies do not have financial troubles! They have "efficiencies"...
News Reports Say Many More Microsoft Layoffs on the Way, Rumours Say Red Hat Also Imminently a Target
Microsoft is slipping out of control
Links 09/05/2024: Diplomacy Efforts With China, AstraZeneca Stops Experimenting With COVID-19 Vaccines
Links for the day
IRC Proceedings: Wednesday, May 08, 2024
IRC logs for Wednesday, May 08, 2024
Gemini Links 09/05/2024: Registered Computer Professionals and TLS (The Long Slog)
Links for the day
Links 08/05/2024: Android Malware and "AI" Hype
Links for the day
[Meme] Technical Committee With People Who Are Not Technical
the computing/computer industry being occupied by people who lack suitable background
The Demise of Computer Science Education
Education is essential for the future; without it, whole nations will perish
[Video] Prisons for the Minds and for Tech Workers
Today's video talks about what happens to workforces (across disciplines) in recent years
[Meme] Struggling to Leave Its Nazi Past Behind
digital arson
Microsoft Declines to Talk About How Many People It Has Just Laid Off
Hours ago in IGN: "Microsoft did not say how many staff will lose their jobs, but significant layoffs are inevitable. IGN has asked Bethesda for comment. Microsoft declined to expand further when contacted by IGN."
Microsoft Windows in South America: From 99% to 87%
the latest from statCounter
It's Rather Obvious Why They Try to Silence Richard Stallman, Eben Moglen, and Daniel Pocock
Some of them already sent physically menacing messages to Daniel Pocock
IRC Network of Techrights Turns 3 (or 16 if We Count the Freenode Days)
In a few months IRC turns 36
Sedating Oneself (and Shareholders) With Fuzzy Buzzwords and Pointless Acquisitions
IBM trying to buy time
Clickfraud Spamnil Ran Out of Clickfraud Budget, Apparently
sooner or later charlatans and frauds run out of steam
Techrights Gets Under the Skin of Bad, Corrupt, Immoral People (That's a Good Thing)
Journalism is the lifeblood of democracy and free societies
Companies Do Not Shut Down Offices and Lay Off Staff en Masse (Morale and Reputation Issue) Unless They're in Deep Financial Trouble
Microsoft has been faking its financial performance for years
IRC Proceedings: Tuesday, May 07, 2024
IRC logs for Tuesday, May 07, 2024
Over at Tux Machines...
GNU/Linux news for the past day
[Video] Leaving Microsoft Behind for the Sake of National Security
Threats to "National Security" aren't some users with an Android phone but Microsoft at the root of things
GNU/Linux and ChromeOS Now at 6% in France, According to statCounter
numbers from statCounter
Gemini Links 07/05/2024: Music Spotlight and Network Knobs
Links for the day
Only Weeks After Microsoft Closed Offices and Studios It is Closing Several More (Many Layoffs, Still Deeply Debt-Saddled)
When the sad news writes itself
Bolivarian Republic Of Venezuela: GNU/Linux Reaches 9% (ChromeOS Included)
Venezuela must have lost interest in some American proprietary software when users were locked out of their own data (Adobe) and the costs could no longer be justified
[Video] Microsoft is Like Big Oil, Big Tobacco, and Other Perpetrators of Fear, Uncertainty, Doubt/Fear-mongering
openwashing, Microsoft lobbying, and Microsoft subsidies (e.g. bailouts in the form of 'defence' contracts)
Security & Debian: Urgent: New Feed URLs after another WIPO censorship
Reprinted with permission from Daniel Pocock
World Press Freedom Day: WIPO censors Debian suicide cluster
Reprinted with permission from Daniel Pocock
Gemini Links 07/05/2024: Smashing Windows (Moving to GNU/Linux) and Mastodon Time-wasting
Links for the day
Links 07/05/2024: Pulitzer for Supreme Court Expose, New Threats to Media Reported
Links for the day
Links 07/05/2024: Cheap EVs and Cloudflare Layoffs
Links for the day
Berlin police declined to investigate FSFE Nazi comparisons
Reprinted with permission from Daniel Pocock
[Meme] Communities Governed by Parasitic Elements and Girlfriends (Who Can't Understand Those Communities)
Karen Sandler and Molly de Blanc present at DebConf18
[Meme] You Can't Kill an Idea (or Facts)
Thankfully, in Western societies, there's still due process, rule of law etc. You don't just hire assassins or imprison critics
[Meme] Software in the Public Interest (SPI), Inc, Values Articles of Daniel Pocock at ~$5,000 Each (and Fails to Hide the Facts)
we are laughing, not grieving
IRC Proceedings: Monday, May 06, 2024
IRC logs for Monday, May 06, 2024
Over at Tux Machines...
GNU/Linux news for the past day
[Meme] About 2,564 Internet Sites Now at Risk of Hostile Takeover by Microsoft-Sponsored Software in the Public Interest (SPI)
WIPO censors Debian suicide cluster
Links 07/05/2024: Burning Plastic Waste, Facebook Censoring Politicians
Links for the day
Gemini Links 07/05/2024: Smashing Windows (Microsoft Losing Users to GNU/Linux), Sixty Years of BASIC
Links for the day