"At the European Patent Office (EPO), a French boss sows the seeds of anti-union culture."

The European Patent Office (EPO), the only continental body chaired by France, is in turmoil. Its president, Benoît Battistelli, propelled in 2010 by Nicolas Sarkozy, has been accused of autocratic drift, trade union discrimination and denying the slightest judicial hindrance to his imperium. A case of employer aberration that will be examined Wednesday by the EPO's board of directors, which is headquartered in Munich but also has a branch in The Hague. At the risk of further diminishing the French presence in international institutions.

What is reproached to Battistelli's management? Notably, at least three employee suicides occurred during his term of office, including one in his workplace. "Each case is a tragedy, nobody understood the reason for the gesture," says Battistelli, whom Libération met last month in Paris. It's an understatement to say that the in-house unions don't have the same vision of things: "He sees only incompetent and incapable people, but you can't be right all the time against everyone. France's reputation in international organizations is at stake," assures a French trade unionist who is a member of SUEPO (Staff Union of the European Patent Office).

Bringing the unions into line

The EPO employs 6,700 international staff in a highly competitive global patent market. Inventors (or purported inventors) can apply to any national, European or Asian office for patents. "There is competition, the difference in costs between the different offices is considerable," says Battistelli. At the EPO, we have to work more and better. I was elected on this program." A liberal to the devil, though a civil servant by profession, he seems to be especially keen to bring the unions into line.

The SUEPO won 70% of the votes in the staff elections. Battistelli has abolished its union office, banned it from using the internal mail system and initiated disciplinary proceedings against seven of its officials. Before trying to set up a union that is home-made to his boots, but which has a 1% ceiling on elections. "I've been a long-time supporter of union dialogue," Battistelli says. One of his initiatives was to submit the right to strike to an internal referendum, which he would run, with identification of the voters. Despite this close monitoring, 90% of employees (out of 55% of voters) voted last April for a final strike.

In front of a boss, which court do you dedicate yourself to? SUEPO has turned to the Court of Appeal in The Hague which, in February 2015, asked the EPO to "give free access and no longer block emails from suepo.org", considering that the protection of trade union rights would be "manifestly deficient". Battistelli said it was a crime of lèse-majesté, hiding behind the judicial immunity of his international organisation. For very good reason, he says: "The principle of immunity is not to protect situational privileges, but to guard against national interference." The SUEPO immediately translated: "Black hole of internal, union and judicial democracy." The boss of the EPO does not deny it, attacking in return "serial litigants", in his eyes "inadmissible", before dwelling on his own employer's rights: "There is no class action in social matters". This brings the following question : is there, at the EPO, a anti-union culture in place ?

Bike sabotage

Until now, France has been supporting this French president of a continental body. Last April, Emmanuel Macron received Benoît Battistelli at Bercy. "For all that is adaptation and modernization of the EPO, you have my support," the former would have said according to the latter. And for the rest? Not a single demonstration by EPO employees, in Munich or The Hague, without a stop in front of the French consulate ... "Bercy is trying to understand his psychopathology", a French trade unionist tries to reassure himself. "France must take its responsibilities," warns William Bourdon, SUEPO's lawyer. It is unfortunate and perilous that a European institution, which is supposed to be exemplary, should do so little under its presidency."

On Wednesday, the EPO will reconsider its resolution of last March at a previous Administrative Council meeting, expressing its "deep concern about social unrest within the Office" and noting that "internal sanctions and disciplinary procedures are widely questioned in public opinion". It may be necessary to move from words to deeds. Its president, who was reappointed last year for a three-year term, says he is the victim of a "press campaign" and will defend his record fiercely. His latest initiative: a press release denouncing the sabotage of his bicycle in the EPO parking lot, severed brake cables, "deliberate act of vandalism of the President's personal property". Since then, he has hired six bodyguards.

Editorial of the article "At the European Patent Office (EPO), a French boss sows the seeds of anti-union culture" : Renaud Lecadre for Libération (28/06/2016)