Bonum Certa Men Certa

Inside the EPO During Corona: “We All Should be Creative and Open” Was the Excuse to Break the Rules and Violate Laws/Constitutions at the EPO (European Patent Office)

António Campinos and Merkel



Summary: Looking back at Office documents, we're seeing the sociopaths at work, crushing Office staff while refusing to even show basic common courtesy to staff that retires after more than 35 years of service

"Consultation on the social democracy framework provides poor results," the Central Staff Committee of the EPO noted, citing the talk with the Benoît Battistelli-appointed António Campinos (another case of nepotism). The Central Staff Committee outlined the situation as follows:



Munich, 26.03.2020 sc20052cp – 0.2.1/6.2.1

Report on the meeting of the General Consultative Committee (GCC) of 2 March 2020



The only official item on the agenda was GCC/DOC 01/2020 (CA/17/20) titled “Amendments to the Articles of the ServRegs related to the statutory staff representation”. The proposal is the “result” of a 16-month consultation with the same management representatives of the previous administration who had put the social democracy framework in place.

Other topics were discussed including the first preventive measures against the Coronavirus SARS-CoV-2 outbreak and the capping of the future salary adjustments.

GCC/DOC 01/2020 – Amendment to the Articles of the ServRegs related to the statutory staff representation (for consultation)

On 13 February 2020 the Central Staff Committee (CSC) had submitted a proposal that had been further amended to comprise the absolute minimum we deem necessary as a compromise to start a proper review of the social democracy framework. In a letter of 25 February 2020, the CSC pressingly reiterated its long-standing request to be able to nominate experts to the Appeals Committee (ApC) instead of being restricted to the pool of elected staff representatives. The chairpersons of the ApC, too, generally accept that elected nominees have an inherent conflict of interest because of their political mandate. The proposed amendment would have provided a fast and easy measure for enhancing staff’s acceptance of the ApC and addressed the concerns of the chairs.

In the meeting, the CSC members of the GCC insisted that the matter needed to be clarified before the call for candidates for the next SR elections, i.e. before May 2020. Colleagues considering to stand for election should know if they might be nominated to the ApC to consider their affinity and competency for that role. The CSC members of the GCC explained that they would vote in favour of the document if this requested amendment was introduced.

Mr Campinos rejected this request and argued that this change would require further consultation requiring legal checks, re-assessment of time resources for the staff representation and possibly some limitation (e.g. no repetitive appellants). This, according to him, would be possible at the earliest for the June Administration Council (AC) meeting. In view of the activities of a Working Group that saw its activities stalled for more than 10 months by a reticent and obstructive management we find these arguments to be disingenuous.

On some minor aspects, the President considered our requests and amended the document accordingly.

Since the introduction of the social democracy framework, the GCC members shall express their opinion by voting at the meeting (by show of hands) for or against a proposal or abstaining. It no longer foresees the submitting of opinions after careful consideration, allowing for qualifying a negative vote and appreciating positive elements. Such opinions – possibly by both sides of the table – could subsequently complement/complete the minutes. The CSC members of the GCC unanimously voted against the document and noted again the lack of flexibility of the social democracy framework forcing us into this kind of “all-or- nothing” situation.

As the functioning of the ApC is of utmost importance for the smooth running of the Office, the CSC remains open to continue the discussions with management representatives on this issue.

Coronavirus SARS-CoV-2

Mr Campinos issued a series of Communiqués and mass-emails concerning preventive measures against the spread of the Coronavirus SARS-CoV-2. The GCC meeting was the first, and so far only, meeting the staff representation had with Mr Campinos on this topic. Many staff members were concerned with the introduction of mandatory home-working, which is not foreseen in the Service Regulations. During the meeting, Mr Campinos said that “we all should be creative and open”.

He explained that the various departments and DGs were already working on the topic. Staff representatives would receive some information, but would not be involved. He mentioned some sort of “new agreement” between line managers and individual staff members for the period of mandatory homework. VP 1 added that if examiners could not take home their search files, they could work on examination files and classification.

Already at that time, we addressed the situation of colleagues who would be forced to stay at home and to take care of their children at the same time. Mr Campinos said that each staff member should find an agreement with their line manager.

We have since seen examples of such management discretion in the form of recommending the taking of annual or parental leave if staff were not able to cope, further distressing colleagues who are already struggling to combine family and work duties in difficult times.

Review of the salary adjustment procedure

Based on the flawed Financial Study of Oliver Wyman and Mercer, Mr Campinos now intends to introduce a cap on future salary adjustments which will cause an irreversible loss of purchasing power for all active staff and pensioners. This development is all the more worrying as it adds to the long-term damages caused by the New Career System (NCS).

The CSC made several counter-proposals for a salary adjustment procedure to include a moderation clause and an exception clause adapted to the economic situation of the Base-2 scenario chosen by Mr Campinos. The consultants of Mercer, at the time of the GCC meeting, had not provided their feedback on the effect of application of this counter-proposal to their scenario. We repeated our request for this information.

Mr Campinos explained that the limitation of the global salary mass was the aim and that it was not negotiable. In his view, the proposal of the staff representation was far from closing the gap and that would be demonstrated in the coming technical meetings.

Farewell statement to retiring staff representative Alain Rosé

At the end of the meeting, Mr Campinos made a farewell statement to Mr Alain Rosé, who will retire end of March 2020 after more than 35 years of service at the EPO with an impressive track-record as a staff representative, as evidenced by the applause of all persons present– with the noticeable exception of PD4.3.

Your Central Staff Committee


PD4.3 is the cruel and merciless Elodie Bergot. Remember her reaction after a member of staff committed suicide. Office management is sadly still populated with sociopaths. They attract one another like magnets.

"Office management is sadly still populated with sociopaths."At around the same time they also published a fourth draft proposal [PDF] regarding the salary adjustment procedure (SAP), which we mentioned here before and will mention again in the future.

In the words of the Central Staff Committee:

The Central Staff Committee submitted a fourth draft proposal for a salary adjustment procedure to the President. This proposal has an immediate effect on long-term liabilities, it strictly respects the equality of purchasing power, it does not entail legal risk as it treats all groups of staff equally, it follows economic cycles under the base 2 scenario and it preserves the essence of the current salary adjustment procedure. It is therefore fir for purpose.

Please find here our open letter to the President, to which we attached our proposal. This open letter addresses as well the fundamentally flawed mechanism proposed by the Office. The President is urged to have his and our proposal tested by expert statisticians, be they from Eurostat or the International Service for Remunerations and Pensions (ISRP), or even by the Advisory Group on Remuneration (the Wise Men).


There are prior drafts too, but this more recent one supersedes them. We don't know how many documents are worth reproducing at this point, but we're constantly assessing the sensitivity associated with release. The European public deserves to know what goes on inside the patent office that grants loads of illegal patents, including software patents. It got a lot worse during the pandemic, which EPO management is exploiting. The turmoil provides cover.

Recent Techrights' Posts

[Meme] Unconstitutional Proceedings in Foreign Languages for the Benefit of Corporations Outside Europe
Why does the UPC even exist?
EPO: Language of Conflict
A letter about this has already seen sent
Links 13/05/2024: Wikimedia Rides Hype Wave, XBox Expected to Go Through More Layoffs This Summer (July)
Links for the day
When Lunatics Attack Your Family (Especially Women)
The attacks on my wife and my mom are rather revealing. These are acts of extreme misogyny.
Linux is Released Too Often, Tested Insufficiently (Same as Chromium, Firefox, and Systemd)
Driven by schedule, not quality (objective criterion)
 
Links 13/05/2024: Clown Computing Failing Again, Navalny Posthumously Awarded Prize
Links for the day
FSF-EEE (FSFE) and Microsoft, or How Microsoft Keeps Paying the Fake 'FSF Europe'
The FSF-EEE is not even authorised to use the name FSFE
Android Rises to 59% Market Share in Hungary, Windows Falls to All-Time Low
GNU/Linux in Hungary Reaches 3.5%
Approaching Our 3,000th Post (After Moving to a Static Site Generator Back in September)
the main purpose is to enable people to catch up
[Video] The Microsoft Crisis Isn't Over (More Mass Layoffs Planned)
We saw many attempts at suppressing information lately
Don’t Use Disney Minus. (Disney “Plus”)
Reprinted with permission from Ryan Farmer
Gemini Links 13/05/2024: Kingdom of the Dead and Narrative Adventure Game Gem
Links for the day
Visually Enhanced Interviews With ESR and RMS on Free Software (With French)
Nom de code - Linux
IRC Proceedings: Sunday, May 12, 2024
IRC logs for Sunday, May 12, 2024
Over at Tux Machines...
GNU/Linux news for the past day
GNU/Linux Rises to Record High in Macao
iOS and Android are very big there
Debian: Let's Pretend We Never Knew Daniel Pocock
Ad hominem is what happens when the message is hard to dispute
DPL Sam Hartman proves blackmail is alive and well in Debian
Reprinted with permission from disguised.work
What is a safe space?
Reprinted with permission from the Free Software Fellowship
Does Debian deserve an independent news service?
Reprinted with permission from disguised.work
Linux.com So Neglected If Not Abandoned That It Promotes Deals That Expired 4 Weeks Ago
Quite some "stewardship" by the Linux Foundation
The Fall of Meritocracy in Tech
nuff said
Microsoft Has Lost Malta
Android has caught up
In Asia, Baidu Has Become Bigger Than Bing and Yandex is Getting There Too
XBox and Bing are going through existential crises
"Having IBM Next to Your Name is a Scarlet Letter"
IBM staff just motivated not to work
Techrights Browsing Made Easier
a draft for discussion
Links 12/05/2024: XBox Founders Say Microsoft Lost Its Identity
Links for the day
Gemini Links 12/05/2024: Enshitification and Mind Maps
Links for the day
Aside From Red Hat Spam and Partisan Media There's a Lingering Rumour of Layoffs
Some rumour said IBM had second thoughts about a WARN notice and delayed that a bit
The Albanian open source community is very healthy indeed
Windows nosedives from 99.1% to a lot less
When I discovered people trafficking in open source software
Reprinted with permission from Daniel Pocock
Web Sites Hijacked by WIPO on Behalf of Microsoft-Sponsored SPI (and People Looking to Hide Embarrassing Facts)
debian.chat; debiancommunity.org; debian.day; debian.family; debian.finance; debian.giving; debiangnulinux.org; debian.guide; debian.news; debian.plus; debianproject.community; debianproject.org; debian.team; debian.video
Julian Assange on Privacy of People, Even Little Children
Facebook/Google (or GAFAM, an acronym I coined with Assange) knows you better than your mom knows you
[Meme] Miscomprehension of GDPR
Social control in general is a ticking timebomb
In Haiti, the Market Share of Windows Collapsed (From 97% to 27% on Desktops/Laptops)
A couple of months ago Windows was measured at 3.04%
In Most Countries It's Still Possible Not to Have a 'Smartphone' and to Pay for Nearly Everything With Cash
Withdrawing money will be possible as long as enough people use many ATMs (cash machines)
Expect Lots of Material From Daniel Pocock as Election Day Nears
The experiences of Daniel Pocock were an excellent example of reprisal or retribution against either whistleblowers or people who give a voice to whistleblowers
I've Been Promoting Free Software for Over 25 Years
I wrote my first computer program when I was about 14, maybe a little younger (I have visual memory of it)
Reminder: Richard Stallman's Talk is This Week in Paris (and in French)
Defending rms isn't the same as defending everything he has ever said
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 11, 2024
IRC logs for Saturday, May 11, 2024
Online Bullying (Trying to Make People Unhappy)
Narcissists and bullies behind mice and keyboards, no honesty or fact-checking required
Talk About Software Freedom
"Linux" and "BSD" may mean a lot to more and more people, but they're still just brands or acronyms
Windows in South Korea: From 98.5% in 2010 to About 30% (Android Rises to Almost 50%)
Samsung ships like a million Linux devices per day
Improving Site Navigation for Easier Discovery and Catch-ups
This site is run by code we wrote ourselves
LibrePlanet 2024 Recordings
Let's hope independent recordings by viewers can help recovery of "lost talks" (recordings)
GNU/Linux Reaches 11% Market Share in the United States Of America - an All-Time High
The United States Of America is where the operating system started (Boston) and where Linus Torvalds works (Portland)
[Meme] Being Believed, Not Censored or Defamed
Daniel Pocock, Zini, and John Sullivan (FSF)
Links 11/05/2024: XBox Crisis, Spotify Exodus Continues
Links for the day
Gemini Links 11/05/2024: Why to Delete GitHub
Links for the day
In Europe, Bing Fell Every Month This Year, Lost a Considerable Share Since "Bing Chat" and All the Chatbot Hype
Microsoft's Bing has had many layoffs lately
Links 11/05/2024: Analysis of the Microsoft Crisis and Backdoor-Looking Bugs
Links for the day
Attacking the Messenger?
Stack Overflow and LLM licencing
Microsoft Fired Loads of Staff in Kenya, Which is Another Large Country Where GNU/Linux Has Grown a Lot
Microsoft pays Kenyans only 2 dollars an hour for an IT/office job
Knowing the True History of Debian, Owing to Irish Debian Developer Daniel Pocock (Currently Running to Become Member of the European Parliament)
Irish-Australian and scapegoat of a highly dysfunctional 'Debian family'
Attacking by Credentials
Modest people do not demand fancy titles
Microsoft Windows Used to Have 99% of the OS Market in Jordan, Now It's Just 13% (Less Than iOS)
Based on the data of statCounter, GNU/Linux in Jordan climbed from 0.62% in May 2014 to nearly 5% right now
More Nations Are Reaching and Exceeding 5% Market Share for GNU/Linux, Microsoft Wants to be Bailed Out Again
Microsoft is once again reaching out to Biden for a bailout - a subject we'll cover in a video some time this weekend
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 10, 2024
IRC logs for Friday, May 10, 2024
[Meme] What Do You Call a Woman Who Does BDS on Free Software? Elana Hamasman.
Here are some confused thoughts
[Meme] Mission Aborted
Mission Aborted: cancel RMS
Taking Things Up a Notch
we strive/aim towards 15-25 new pages per day, i.e. around 500 per month or 6,000 per year