Bonum Certa Men Certa

The Difference Between Alain Pompidou and Benoît Battistelli as EPO President

Letter from Pompidou



Summary: The different approaches adopted by Pompidou and Battistelli; one pursued amicable mediation and training, whereas the other resorted to vindicative witch-hunts, kangaroo courts, and a culture of terror which resulted in many suicides (nearly seven)

THE EPO is nowadays being managed by a right-wing politician. It has been the case for about 7 years and the next President will be an ex-banker (earlier this morning we finished a series about that). Remember that the EPO, at its core, should be about science and technology. Scientists tend to be more professional and compassionate than ENA graduates. They also better understand scientists (such as examiners). Pompidou is the adopted son of Georges Pompidou, former President of France, but he is also former professor of histology, embryology and cytogenetics, according to Wikipedia. António Campinos too is the son of a politician (Joaquim Jorge de Pinho Campinos), but he is not a scientist.



The redacted mail at the top shows us how President Pompidou dealt with conflict -- a sharp contrast to how Battistelli handles things.

The following 3-page document from 3 years ago shows how the Central Staff Committee (not SUEPO) viewed Battistelli's approach:

Zentraler Personalausschuss Central Staff Committee Le Comité central du Personnel

12.11.2014 sc14265cp – 0.2.1/5.1/6.1

Disciplinary Committee



Introduction

The Disciplinary Committee is a statutory body set up under the EPO Service Regulations. The Committee has to be consulted if the President intends to impose a serious disciplinary measure against a staff member1 or wishes to dismiss a staff member for poor performance.

As with all such bodies at the Office (the GAC – now GCC – the Medical Committee, the Internal Appeals Committee, the COHSEC etc.), the legal construct is that the Committee considers the facts and gives a reasoned opinion. The President then decides.

Problems

This legal construction functions if the Office has a President who is prepared to consider the reasoned opinions which the consultative committees give him. However, Mr Battistelli has in the past ignored the medical opinions of doctors in the Medical Committee and decided that staff members not capable of performing their job for medical reasons should nevertheless not be sent on invalidity. This is something that no other President has done. Not even Mr Pompidou, who in contrast to Mr Battistelli, was a doctor. It should also be well known by now that Mr Battistelli as a matter of course ignores opinions of the Internal Appeals Committee that are favourable to staff. Mr Battistelli so disliked the reasoned opinions of the GAC that he abolished it and replaced it with the GCC, which, according to his understanding, is not allowed to give opinions, and merely votes on proposals2.

It should thus come as no surprise that Mr Battistelli also ignores the reasoned opinions of the Disciplinary Committee. In the past, he has imposed disciplinary measures on staff which are more severe than the Committee recommended. In other cases, he has imposed severe disciplinary measures even though the Committee considered that no disciplinary measure should be applied.

The above is worrying enough. However, there are further reasons why staff should be concerned with the functioning of the Disciplinary Committee:

1. The President’s nominations as Chairman and deputy

The President nominates the Chairman of the Disciplinary Committee and his deputy. The Disciplinary Committee is not a “standing committee”. That is to say, it does not have a fixed constitution. Rather, its membership (other than the Chairman) changes from case to case (see below). Thus it is of crucial importance who the President nominates as Chairman. This person is the only member who has an overview of similar cases and has experience in ___________________________________ 1 A warning or reprimand may be issued without consulting the Disciplinary Committee. More serious measures e.g. downgrading or dismissal require consultation. 2 This is one reason why the GCC is for staff inferior to the GAC and thus a reason why abolishing the GAC severely limits staff’s consultation rights.




handling cases, drafting opinions and so on. This is particularly important since the Committee has limited e.g. legal support for reasons of confidentiality.

Up until this year, the President nominated members of the Legal Board of Appeal. That is to say, people who are both legally qualified and neither appointed by himself nor under his disciplinary authority. From this year, Mr Battistelli nominated managers on contract at grade A6. Thus, the President sends a case to the Disciplinary Committee chaired by a manager on contract who falls under his disciplinary (and managerial) authority. The Chairman, on behalf of the Committee drafts a recommendation. This recommendation goes back to the Chairman’s superior, namely the President. The President then decides.

This is precisely the construct which, in Findlay v. The United Kingdom the European Court of Human Rights ruled against in case 22107/933 (see in particular ۤ70 Р80 of that case)!

2. Significantly more cases

This year has seen a more than doubling of the number of disciplinary cases. In itself, this should be a cause for concern. In the course of their normal duties both the Chairman and deputy have a heavy burden of other work and duty travels. Indeed, the Chairman has staff in both The Hague and Munich. We thus hope that both of them will be able to give this task the time it requires, especially (as seems likely) should the number of cases increase further. This was not a problem in the past (see above), when both nominees had tasks that ensured that they were generally available.

3. The President interfering with Staff Committee nominations

According to Article 98(1) ServRegs, half the nominations to the Disciplinary Committee are made by the President and half by the Staff Committee. These nominations are made by grade or group-of-grades. Who is to serve as member in a particular case is decided by drawing of lots. The names in the draw may not be of a grade (or group-of-grades) lower than that of the subject of the case. For example, if the case subject is an A3 examiner, then only Disciplinary Committee nominees in group of grades A4(2)/A1, A5 or A6 are in the draw.

For reasons of independence (see above) and procedural expertise the Staff Committee has mainly nominated members and chairmen of the Boards of Appeal for the A5 and A6 slots. These nominations have all been deleted by Mr Battistelli (see also recent Communiqué 62). This despite the Administrative Tribunal of the ILO already having decided in Judgment 1147, that the Staff Committee may nominate DG3 members to statutory bodies. Indeed, in a submission in the proceedings leading to this Judgment, the Office even argued in its surrejoinder (see €§E) that “Since disciplinary committees are quasi-judicial bodies it is proper for them to benefit from the experience of a DG 3 official”.

The effect on staff of this change is that there are fewer Staff Committee members whose names may be drawn in a particular disciplinary case.

4. No possibility of internal appeal

As part of the appeal reform in 2012, decisions taken following consultation of the Disciplinary Committee are excluded from the internal appeals system. That is to say, there is ___________________________________ 3 http://hudoc.echr.coe.int/sites/eng/pages/search.aspx?i=001-58016




no further internal oversight mechanism. The affected staff member has to file a complaint directly with the Administrative Tribunal of the ILO.

The Internal Appeals Committee used to be relatively good at picking up formal violations. It also performed an important fact finding role – a job which the Tribunal does not do; it expects that already to have been done.

Removing oversight of disciplinary decisions from the IAC thus means that an important instance for staff has been removed. It also increases the need for the Disciplinary Committee to produce error free, comprehensive and legally sound opinions which can form the basis of complaints in front of the ILO. Given that the Disciplinary Committee is not a standing committee and given that the Chairman is no longer legally qualified, we would be surprised if this was always the case.

Conclusions

For the above reasons, we consider that at the moment the Office no longer has a properly functioning disciplinary mechanism. We thus recommend all staff whom are unfortunate enough to have a case brought against them to raise the above procedural violations should they bring their case in front of the Administrative Tribunal.

Finally

If the above sounds bad enough for “normal” staff members such as examiners, administrators, lawyers, formalities officers etc. consider the position of A5, A6 and A7 staff.

Owing to the President’s actions, there are now only two A5 and no A6 Disciplinary Committee members nominated by the Staff Committee (see above). Thus, it is not possible to form a valid committee for staff in these grades. How do you draw lots for two names from a pot comprising two (for A5 staff) or no (for A6 staff) names? However, we note that the Internal Appeals Committee is currently carrying on its work without any Staff Committee nominees. We thus suspect that Mr Battistelli would likewise instruct the Disciplinary Committee to proceed in such cases with only members nominated by himself!

From Article 98(3) ServRegs it is obvious that it was originally intended that a Disciplinary Committee would be formed for dealing with proceedings affecting staff at grade A7. However, under the latest vice-President contracts, these provisions no longer apply. That is to say, disciplinary measures may be imposed, by the Council, following an investigation by the President’s investigative unit, against a vice-President without first consulting a Disciplinary Committee.

Is it any wonder that, by their silence, these groups of staff have shown remarkable loyalty to Mr Battistelli?

As Thomas Jefferson put it: “when injustice becomes law, resistance becomes duty”.

The Central Staff Committee


Since then, the Administrative Tribunal of ILO found the composition of these Disciplinary Committees to be invalid, thus voiding over a hundred prior rulings. But ILO being ILO, it succumbed to Battistelli and eventually let sheer injustices remain in tact, rendering ILO itself complicit (rather than an effective watchdog).

Recent Techrights' Posts

Microsoft Windows Used to Have Nearly 100% in China and Now Google Has 50% (With Android)
Will China bring about a faster "fall" for Microsoft?
GNU/Linux Growing Worldwide (the Story So Far!)
Microsoft is unable to stop GNU/Linux
Red Hat Loves Microsoft Monopoly (and Proprietary Surveillance With Back Doors)
full posting history in RedHat.com
Microsoft-Connected Sites Trying to Shift Attention Away From Microsoft's Megabreach Only Days Before Important If Not Unprecedented Grilling by the US Government?
Why does the mainstream media not entertain the possibility a lot of these talking points are directed out of Redmond?
 
[Video] Microsoft's Attack on Education
Microsoft's cult-like activities and overt entryism
[Meme] Money In, No Money Out (Granting Loads of Invalid European Patents)
EPO production?
Staff Representation at the EPO Has Just Explained to Heads of Delegations (National Delegates) Why the EPO's Financial Study is Another Hoax
Here we are again 5 years later
Canonical and Red Hat Are Not Competing With Microsoft Anymore
What a shame they hired so many people from Microsoft...
Links 21/05/2024: "Hating Apple Goes Mainstream", Lots of Coverage About Julian Assange Ruling
Links for the day
Gemini Links 21/05/2024: Losing Fats and Modern XMPP
Links for the day
Pursuing a Case With No Prospects (Because It's "Funny")
the perpetrators are taking a firm that's considered notorious
GNU/Linux in Honduras: From 0.28% to 6%
Honduras remains somewhat of a hotspot
Good News From Manchester and London, Plus High Productivity in Techrights
what has happened and what's coming
[Video] The 'Linux' Foundation Cannot be Repaired Anymore (It Sold Out)
We might need to accept that the Linux Foundation lost its way
Links 21/05/2024: Tesla Layoffs and Further Free Speech Perils Online
Links for the day
Gemini Links 21/05/2024: New Gemini Reader and Gemini Games
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 20, 2024
IRC logs for Monday, May 20, 2024
[Video] Just Let Julian Assange Go Back to Australia
Assange needs to be freed
The WWW declares the end of Google
Reprinted with permission from Cyber|Show
Gemini Links 20/05/2024: CMSs and Lua "Post to midnight.pub" Script Alternative
Links for the day
Windows Has Fallen Below 5% in Iraq, GNU/Linux Surged Beyond 7% Based on statCounter's Stats
Must be something going on!
Brodie Robertson - Never Criticise The Linux Foundation Expenses (With Transcript)
Transcript included
Links 20/05/2024: Protests and Aggression by Beijing
Links for the day
Can an election campaign succeed without social media accounts?
Reprinted with permission from Daniel Pocock
Read "Google Is Not What It Seems" by Julian Assange
In this extract from his new book When Google Met Wikileaks, WikiLeaks' publisher Julian Assange describes the special relationship between Google, Hillary Clinton and the State Department -- and what that means for the future of the internet
Fact check: relation to Julian Assange, founded Wikileaks at University of Melbourne and Arjen Kamphuis
Reprinted with permission from Daniel Pocock
Julian Assange: Factual Timeline From an Online Friend
a friend's account
Breaking News: Assange Wins Right to Challenge Extradition to the US
This is great news, but maybe the full legal text will reveal some caveat
Gambia: Windows Down to 5% Overall, 50% on Desktops/Laptops
Windows was measured at 94% in 2015
Links 20/05/2024: Microsoft Layoffs and Shutdowns, RTO as Silent Layoffs
Links for the day
The Issue With Junk Traffic in Geminispace (Gemini Protocol)
Some people have openly complained that their capsule was getting hammered by bot
Peter Eckersley, Laura Smyth & the rushed closure of dial-up Internet in Australian universities
Reprinted with permission from Daniel Pocock
Brittany Day, Plagiarist in Chief (Chatbot Slinger)
3 articles in the front page of LXer.com right now are chatbot spew
Guardian Digital, Inc (linuxsecurity.com) Has Resorted to Plagiarism by Chatbots, Flooding the World Wide Web With Fake 'Articles' Wrongly Attributed to Brittany Day
busted
[Meme] Bullying the Victims
IBM: crybully of the year 2024
Ian.Community Should be Safer From Trademark Censorship
We wish to discuss this matter very quickly
Microsoft and Its Vicious Attack Dogs (Attacking Women or Wives in Particular)
Sad, pathetic, destructive people
Upcoming Series About the Campaign to 'Disappear' the Father of GNU/Linux
Today we have Julian Assange's fate to focus on
A Month From Now Gemini Protocol Turns 5
June 20
Colombia: From Less Than 0.5% to Nearly 4% for GNU/Linux
it's not limited to this one country
Rumour: Well Overdue Red Hat Layoffs to be Announced in About 3 Days
we know they've planned the layoffs for a while
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 19, 2024
IRC logs for Sunday, May 19, 2024
Gemini Links 20/05/2024: Updated Noto Fontpacks and gemfeed2atom
Links for the day
GNU/Linux in Georgia: Looking Good
Windows down from 99% to less than 33%
Tomorrow is a Historic Day for Press Freedom in the UK
Take note of the Julian Assange case
Hiding in a Forest Without a Phone and Hiding Behind the First Amendment in the United States (US)
some serial defamer is trying to invert the narrative
Links 19/05/2024: Iran's President Lost in Helicopter Crash, WikiLeaks’ Julian Assange Awaits Decisions in Less Than a Day
Links for the day
Links 19/05/2024: Microsoft Investigated in Europe
Links for the day
4 Old Articles About Microsoft/IBM SystemD
old but still relevant
Firefox Has Fallen to 2% in New Zealand
At around 2%, at least in the US (2% or below this threshold), there's no longer an obligation to test sites for any Gecko-based browser
Winning Streak
Free software prevalence
Links 19/05/2024: Conflicts, The Press, and Spotify Lawsuit
Links for the day
GNU/Linux+ChromeOS at Over 7% in New Zealand
It's also the home of several prominent GNU/Linux advocates
libera.chat (Libera Chat) Turns 3 Today
Freenode in the meantime continues to disintegrate
[Teaser] Freenode NDA Expires in a Few Weeks (What Really Happened 3 Years Ago)
get ready
GNU/Linux is Already Mainstream, But Microsoft is Still Trying to Sabotage That With Illegal Activities and Malicious Campaigns of Lies
To help GNU/Linux grow we'll need to tackle tough issues and recognise Microsoft is a vicious obstacle
Slovenia's Adoption of GNU/Linux in 2024
Whatever the factor/s may be, if these figures are true, then it's something to keep an eye on in the future
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 18, 2024
IRC logs for Saturday, May 18, 2024
Links 19/05/2024: Profectus Beta 1.2
Links for the day