Board 28 to AC

To Heads of Delegation of the Administrative Council
11 February 2016
Update on B2B

Dear colleagues,

At its meetings of 2 and 17 February, 828 concentrated on the issue of the social
unrest within the EPOffice. ln addition, a meeting took place on the 10 February
between the Administrative Council Chairman, Deputy Chairman and the Chairman
of the BFC, and the President, VP5 and the President's Chef de Cabinet. The aim
was to explore the possibility of the cooperation between the President and the
Council to address various social issues, and in particular the disciplinary cases
involving SUEPO leaders.

The Council members of 828 reiterated what the Council has stated repeatedly, not
least that the handling of disciplinary cases was one of the major obstacles to
reaching consensus with the trade unions on an MOU. We also made clear that
these disciplinary cases had triggered very serious concerns as the political level
about the proper functioning of the organisation.

Unfortunately, we have not been able to engage in a meaningful dialogue with the
President. We therefore saw it as unavoidable to translate the serious concerns of
the Council members into a formal request to be addressed to the President. A copy
of 828's draft document setting out this request is attached. lts aim is to give a fresh
and strong impetus to solving the most important and urgent problems currently
facing the organisation.

At the 828 meeting on 17 February, the President rejected the document, in
particular questioning the legal basis of the first and second requests. On the
question of legality, it is obvious to us that there is no obstacle whatever to the
Council making requests to the EPoffice President. lt is then for the President to
respond positively to such requests. We are convinced that there are solutions which
are legally possible, the more so as no one is likely to challenge the requested
external review and parallel suspension of pending cases.

It is intended to submit the attached proposal to the Council, for a decision at its
March meeting, making a formal request to the President. Unfortunately, it was not
possible to discuss the March Council agenda as a whole before the President left
the 828 meeting. Nevertheless, you will receive the agenda for the March meeting in
due time.

On behalf of 828 Colleagues,

Best regards,
Jesper



DRAFT
DECISION

The AC, in its capacity as supreme organ of the EPOrg -

having repeatedly expressed its deep concerns about the social unrest within the
EPOffice;

having repeatedly urged the EPOffice President and the trade unions to reach
consensus on an MOU which would establish a framework for negotiation between
social partners;

noting that disciplinary sanctions and proceedings against SUEPO leaders have,
among other reasons, jeopardised such consensus;

noting without taking position on the justification of these disciplinary sanctions and
proceedings, that they are widely questioned;

recalling the importance and urgency of the structural reform of the BOA;

recognising the important institutional role of the AC and its dependence on a well-resourced
and independent secretariat;

Request the EFOffice President -

to agree to an external review of the disciplinary sanctions and proceedings
against SUEPO leaders;

to suspend these disciplinary proceedings pending the outcome of the review;

to submit to the AC a draft revision of the Staff Regulations which incorporates
investigation guidelines (including the investigation unit) and disciplinary procedures
which have been reviewed and amended;

to achieve, within the framework of the tripartite negotiations, an MOU
simultaneously with both trade unions, which would have no pre-conditions or
exclude any topics from future discussions;

submit proposals to the AC at its June 2016 meeting, after discussion in 828, for
immediate implementation of the structural reform of the BOA, on the lines of the 5
points agreed by the AC at its December 2015 meeting and of the legal advice given
by Prof. Sarooshi, and taking into account comments from the Presidium of the BOA;

to submit proposals to the AC at its June 2016 meeting, after discussion in 828, for
reinforcement of the AC secretariat and a clarification of its position in terms of
governance.