Author: Paul

Posted on

TfL PENSIONS CONSULTATIVE COMMITTEE (PCC) ELECTIONS SECTION TWO (TfL EMPLOYEES)

IMPORTANT INFORMATION:

TfL PENSIONS CONSULTATIVE COMMITTEE (PCC) ELECTIONS

SECTION TWO (TfL EMPLOYEES)

 

Please be advised that the following resolution was placed before the National Executive Committee by the London Transport Regional Council:

 

“This Regional Council call on the NEC to endorse the following candidate for the upcoming TfL Pension Consultative Committee election for Section 2: Sister Jamie Parry of TfL No.1 Branch.

 

This branch believes that we need to strengthen RMT presence on this committee especially in Section 2 where the TSSA have the majority of committee members.

 

Please consult with Regional Council and current PCC members on the best way to assist this very good candidate.”

 

In consideration the National Executive Committee on 16th August 2018 made the following decision:

 

“That we note the endorsement from our London Transport Regional Council of Sister Jamie Parry for the pending election to the TfL Pension Consultative Committee Section 2.

 

This NEC Endorses Sister Parry, and instructs the General Secretary to inform all RMT members eligible to vote in the Section 2 election for the Tfl Pension Consultative Committee, and render Sister Parry, TfL No.1 Branch and the London Transport Regional Council every reasonable Assistance in this important election.

 

Members to be advised by email and Text.

 

Relevant Branches and the London Transport Regional Council to be advised.”

 

In accordance with the motion, and having liaised with our PCC representatives, emails and texts are being prepared to go out once the ballot papers are due to be sent to members.

 

I would remind you that it is essential that the RMT maintains a strong presence on the Pension Consultative Committee so that members past and future pension rights are protected. I therefore urge you to encourage members to vote for Sister Parry to maintain the RMT’s voice on this committee.

 

 

JAMIE PARRY

 

 X

 

 

 

 

 

I will keep you informed of developments.

 

Yours sincerely,

 

 

Mick Cash

General Secretary

Posted on

RMT Trustee Election

ELECTION TO THE TRUSTEE COMMITTEE

 

Nominations were invited from Branches in the above election (Circular No. MF/59/18, 24th May 2018). The following valid nominations were received at head office on or before the close of nominations, 15th August 2018.

 

Name                                       Branch

Wayne Barnett                       Bassetlaw

Mat Partridge                          East Midland Central

Keith Saunders                        Bridgend Llantrisant & District

Jeff Slee                                   Lewisham Southwark & District

Harimelan Srikandarajah        LU Fleet

Paul Thomas                           Cardiff No. 7

 

An election will be contested between the above candidates by a postal vote of delegates who attended the 2018 Annual General Meeting (Rule 14 Clause 3). Ballot papers have been sent in a direct mailing to AGM delegates today. If your Branch had a delegate in attendance at this year’s AGM please remind them of their responsibility to vote in this election, the closing date of which is MONDAY 5th NOVEMBER 2018. However, their choice of candidates does not require a decision or the involvement of their Branch.

 

Yours sincerely

 

 

Mick Cash

General Secretary

Posted on

12th September 2018 RMT Circular

 

OFFICIAL CIRCULAR

 

TO ALL BRANCHES AND REPRESENTATIVES

ALL UNDERGROUND AND FORMER LT EMPLOYERS

 

 

12th September 2018                                                   Circular No: IR/403/18

 

Dear Colleague,

 

BREAKDOWN IN INDUSTRIAL RELATIONS, TRAIN OPERATORS, PICCADILLY LINE – LONDON UNDERGROUND (LUL/14/2)

 

Further to my previous Circular (IR/314/18, 16th July 2018) when the previous strike action dates were suspended, Branches will recall that further work was necessary towards the implementation of the promises that the Company gave in the Offer of Agreement.

 

We were of course hopeful that these talks would go smoothly and the dispute would be fully resolved but regrettably, management are up to their old tricks again and have not come good on the assurances related to this dispute concerning Driver Numbers; Pressure on Drivers from Service Control Management; Release of Reps for TU Duties and Application of the Attendance and Disciplinary Policies.

 

The National Executive Committee has therefore considered this matter again and taken the decision to call on all Piccadilly Line Driver members to take strike action by not booking on for any shifts that commence between:-

 

  • 12:00 hours on Wednesday 26th September 2018 and 12:00 hours on Friday 28th September 2018

 

  • 20:30 hours on Friday 28th September 2018 and 01:30 hours on Saturday 29th September 2018

 

It is unacceptable for members to be treated in the same manner which led to this dispute in the first place and for agreements made in trust and good faith by our Reps to be totally disregarded by management. I will keep Branches advised of all further developments.

 

BREAKDOWN IN INDUSTRIAL RELATIONS, TRAIN OPERATORS, CENTRAL LINE – LONDON UNDERGROUND (LUL/14/2)

 

Industrial relations on the Central Line have been deteriorating now for some time, a situation which is exacerbated by Senior Line Management acting in a hostile manner and obstructing our Reps in their efforts to seek a resolution and improve conditions for all Drivers on the Central Line. Despite several meetings with the Company having taken place, there has been no progress made and the consensus from affected members is that this situation now represents a breakdown in industrial relations and cannot continue any longer.

 

The issues which form this dispute are: breaches of our local agreements; undue pressure on Drivers from Service Control management who routinely treat Driver members with contempt for adhering to the framework agreements – a review of communications and service recovery was promised two years ago but has never materlialised; obstruction of our representatives’ trade union duties by refusing release requests and meeting requests; misuse of the attendance at work policy with reports of management harassing members who are fit and at work and raising historic issues; inadequate welfare facilities, especially for Night Tube Drivers.

 

The National Executive Committee has taken the decision to ballot all Central Line Train Operators, Night Tube Train Operators and Instructor Operators over this issue and I am currently making the necessary preparations for the ballot to commence. I will keep Branches advised of all further developments.

 

DISMISSAL, P. BAILEY – LONDON UNDERGROUND (LUL/4/1)

 

Further to my previous Circular (IR/277/18, 20th June 2018), Branches will recall that RMT member and Union Learning Rep Paul Bailey has been dismissed from his position as a Train Operator at Leytonstone Traincrew Depot in a manner which calls into question the integrity of the entire drugs and alcohol policy and testing regime.

 

Throughout this case there have been numerous failings by the Company in the application of the disciplinary procedure and it is clear to the Union that the facts of this case have been grossly misinterpreted by the Company and evidence provided has been ignored. The appeal hearing officer was not impartial having previously investigated and conducted grievances raised by Paul over the same disciplinary process leading to his dismissal. Also the ‘factual’ findings in the appeal outcome letter only serve to further confuse the situation. The appeal hearing resulted in the dismissal being upheld and the Company has so far refused any further review into this case.

 

Remember, if management are allowed to get away with this kind of behaviour and sack members at will, by making up the facts and procedures as they go along to suit themselves, it leaves all members at risk of being the next victim.

 

The National Executive Committee has taken the decision to ballot all Central Line Train Operators, Night Tube Train Operators and Instructor Operators over this issue and I am currently making the necessary preparations for the ballot to commence. I will keep Branches advised of all further developments.

 

Yours sincerely

Mick Cash

General Secretary

Posted on

March and Rally against the Tories Birmingham 29th September 

March and Rally against the Tories Birmingham 29th September 

 

Please see the details below of an important national event at which I will be speaking along with other speakers from the Trade Union movement.

 

All branches should organise to maximise attendance and use of branch resources is a legitimate expense. Please do all you can to bring it to attention of members and ensure a strong RMT turnout.

 

 

 

Now is the time to show the full strength of our opposition to this failing government and a large RMT presence on the march will do just that.

 

Mick Cash

Posted on

SOO Waivers: Electrocuting PWT’s

It has come to the attention that LUL are looking at ways to cut back on safety to enable trains to run in the event of an over run of engineering works during engineering hours by using trains to do line searches rather than people. This would be in the event that a PWT-EH has ‘not cleared the road’.

 

RMT Members already do a great job, in often difficult conditions, with regards to making sure people complete their journeys everyday, however, this will not be over the electrocuted bodies of our track workers.

 

 

It is obvious to most people that doing this would involve turning the traction current back on and potentially electrocuting staff working on the track. The thought of a train coming through a tunnel itself is enough to scare the living daylights out of most people.

 

To be clear on this matter, the RMT will not accept our members lives being put at risk in this manner and have notified LUL that we will not shy away from balloting all our members that access the track in every company we have members if necessary.

 

We are happy to work on ways that allow members to communicate better and remain available for further talks.

Posted on

SOO Waivers

Many of you will know that we have had serious concerns with LULs wildly dangerous interpretation of the SOO waiver process .

 

This ended up as a compliant to the ORR .

 

There have been some developments which robustly back up our argument on the criteria of the waiver.

 

The ORR have stated the following in correspondence with LUL ( see below ) .

 

* waivers must be issued on safety grounds .

* waivers must be issued if the rule being waived is less safe than the waiver

* waivers can’t be issued on the grounds of reputational damage

* waivers can’t be issued on the grounds of customer service.

 

There is still work to be done on the issue of waivers and stations CCEP which us and TSSA are currently putting together .

 

Attached is the letter from LUL in response .  They are evidently not happy and are looking to fight it .

 

We will be writing to the director of safety in the next 24 hours , setting out our position in light of the ORR.

 

Many of you will know that we have had serious concerns with LULs wildly dangerous interpretation of the SOO waiver process .

 

This ended up as a compliant to the ORR .

 

There have been some developments which robustly back up our argument on the criteria of the waiver.

 

The ORR have stated the following in correspondence with LUL

 

* waivers must be issued on safety grounds .

* waivers must be issued if the rule being waived is less safe than the waiver

* waivers can’t be issued on the grounds of reputational damage * waivers can’t be issued on the grounds of customer service.

 

There is still work to be done on the issue of waivers and stations CCEP which us and TSSA are currently putting together .

 

Attached is the letter from LUL in response .  They are evidently not happy and are looking to fight it .

 

We will be writing to the director of safety in the next 24 hours , setting out our position in light of the ORR and will cover this for all functions . John – I will send this to you first .

 

 

ORR SOO Waiver August 2018

 

 

 

Posted on

Summer II Legal 2018 Update

Summer II Legal 2018 Update:

 

  1. Caste off

The government has announced that, following a consultation on caste discrimination, it will not make caste an aspect of race discrimination under the Equality Act 2010.

 

The consultation, which received over 16,000 responses, considered two different options to protect people from this form of discrimination. The first (which it has now rejected) was to implement a duty introduced by Parliament in 2013 to make caste an aspect of race discrimination under the Equality Act 2010. The second was to rely on emerging case law showing that a statutory remedy against caste discrimination was already available through existing provisions in the Equality Act.

 

Just over half of the respondents to the consultation (53 per cent) wanted to rely on the existing statutory remedy and repeal the duty, while 22 per cent rejected both options (mainly because they wanted the government to proscribe the concept of caste in British law altogether), while about 18 per cent of respondents wanted the duty to be implemented.

 

The government has now said that it is clear from the judgment of the Employment Appeal Tribunal in Chandhok v Tirkey (weekly LELR 409) that someone claiming caste discrimination can rely on the existing statutory remedy under section 9(1)(c) of the Equality Act if they can show that their caste is related to their ethnic origin.

 

The government therefore intends to legislate to repeal the duty for a specific reference to caste as an aspect of race discrimination in the Equality Act once a suitable legislative vehicle becomes available. Whilst recognising that this is an area of domestic law which may develop further, the government has also said that it will monitor emerging case law in the years ahead. To make clear that caste discrimination is unacceptable it will, if appropriate, support a case with a view to ensuring that the higher courts reinforce the position set out in Tirkey.

In order to ensure that people know their rights and what sort of conduct could be unlawful under the Equality Act, the government also intends to produce short guidance before the repeal legislation is introduced. Although it is mainly aimed at individuals who feel they may have suffered discrimination on grounds of caste, it should also help employers, service providers and public authorities who are outside those groups most concerned with caste and who may have little awareness of caste divisions.

 

Our lawyers advise that the Equality Act 2010 was amended on 25 June 2013 to put a clear duty on Government to specifically include caste as a form of race discrimination. This followed a Government commissioned report by the National Institute of Economic and Social Research which found evidence of caste discrimination and concluded that the Equality Act “cannot cover caste discrimination and harassment as effectively as caste specific provisions would”.

 

The Government should have included protection from caste discrimination then. It didn’t. Instead, it launched a public consultation between March and September 2017. The decision not to include caste discrimination as a specific form of race discrimination and instead rely on ‘the flexibility of case law” provides limited, if any protection.  To see a copy of the report you can visit the government website to read a copy of the government’s response and its analysis report

 

 

  1. Consequence of disability (City of York v Grosset)

In this case the Court of Appeal has set down the proper interpretation of the legislation relating to “something arising in consequence of” disability; stating that it is not necessary that the employer knows that the ‘something’ arises from the disability. The law says it is discriminatory to treat a worker unfavourably (for instance, by dismissing them) because of “something arising in consequence of” their disability. In this case, the Court of Appeal held that it is still discrimination even if the employer was unaware of a link between the disability and the worker’s misconduct.

 

Basic facts

Mr Grosset, a teacher, suffered from cystic fibrosis. The school had made various reasonable adjustments but when a new head teacher took over, he was not told about them. He then increased Mr Grosset’s workload, putting him under severe stress.

 

While suffering from these high stress levels, Mr Grosset showed an 18-rated horror film to a class of 15-year olds without obtaining approval from the school or the pupils’ parents. Mr Grosset agreed that it had been inappropriate to show it, but that he had done so because of the high levels of stress he was under as a consequence of his disability. The school summarily dismissed him for gross misconduct.

Mr Grosset claimed unfair dismissal and discrimination arising in consequence of his disability under section 15 of the Equality Act 2010.

 

Relevant law

 

Section 15(1) states that:

  1. a) it is discrimination for an employer to treat a worker unfavourably because of “something arising in consequence of” their disability, and
  2. b) the employer cannot show that the treatment was “a proportionate means of achieving a legitimate aim”.

Tribunal and EAT decisions

 

The tribunal dismissed his unfair dismissal claim, holding that it was within the range of reasonable responses for the school to reject his argument that he had shown the film because he was so stressed out.

 

However, it agreed with him that the school was in breach of its duty to make reasonable adjustments for his disability and that it had treated him unfavourably in consequence of his disability. Pointing out that he had never previously made a similar error, the tribunal said it was clear that he had shown the film when suffering from high levels of stress arising from his disability. As section 15 did not require an immediate causative link with that disability, the tribunal held that the error of judgment for which Mr Grosset was dismissed arose “in consequence of [that] disability”.

 

Although the school had the legitimate aim of protecting children and maintaining disciplinary standards, the tribunal held that, given the circumstances, a formal written warning would have achieved that aim as there was no real risk of him repeating the error, as long as the undue levels of stress were removed. On that basis, the tribunal found that his dismissal was not justified under section 15(1)(b) and was an act of disability-related discrimination.

 

The EAT upheld the tribunal’s decisions and the Council appealed on the basis that, under section 15, the school had to know that there was a link between Mr Grosset’s decision to show the film (the relevant “something”) and his disability.

 

Decision of Court of Appeal

 

Dismissing the appeal, the Court held that section 15(1)(a) did not require the school to be aware of the link between the decision to show the film and his disability. Instead, it consisted only of two questions. Firstly, did the employer treat the worker unfavourably because of an (identified) “something”; and (ii) did that “something” arise in consequence of the worker’s disability? The first issue involved an examination of the employer’s frame of mind, whereas the second was an objective matter, which, in this case, the tribunal found to be proven.

 

With regard to the issue of justification, the Court held that the tribunal’s assessment contained no error of law in terms of finding that dismissal was disproportionate in the circumstances.

The case is of enormous use to our members when considering whether a claim for disability discrimination arises. It also seems more unlikely that an employer would be able to justify the discriminatory act if they have failed to make reasonable adjustments.

 

  1. Useful Numbers

RMT helpline (for advice on all work and non-work related and Union matters. The lines are open Monday to Friday 08.00 to 18:00 and 9.30 to 16:00 Saturdays)

England and Wales 0800 376 3706

Scotland & offshore 0771 841 6084

 

Criminal helpline (for members arrested and questioned under caution and for general enquiries related to criminal matters. Line open 24 hours per day 7 days per week. The member may use the helpline for family members; but the Union will not be responsible for any costs incurred as a consequence of the family member instructing the solicitors)

England and Wales: 0207 604 5600 (office hours)

                                   0207 624 8888 (out of office hours and weekends)

Scotland & offshore: 0771 841 6084

 

Personal Injury line (for members involved in workplace and non-workplace accidents and road traffic accidents and work related diseases and conditions. Family members may use the service for non-work related accidents.)

0845 712 5495

 

Free Wills: 01513262188

Or email: willrequests@thompsons.law.co.uk

                willrequests@bbhlegal.co.uk

 

Posted on

RMT Credit Union

The LUEngineering Branch recently discussed the role of the banks in destroying the world economy through their greed and then have the cheek to blame working people for the crisis they caused.

 

Years of austerity followed where they not only blamed us but also tried to convince us of OUR need to pay for their incompetence through years of austerity.

 

However did you know that the RMT runs a not for profit scheme where workers can band together in a member led cooperative to financially support each other.

 

This is run by your union and if you want to tell the bankers to go ‘f*ck themselves’ then find out more below:

 

 

https://www.rmt.org.uk/about/credit-union/

 

 

Comments from your branch included

 

‘I don’t want my money going to bloody bankers’

 

‘Why wouldn’t I want any profits used to support fellow workers rather than bonuses for those that are against us’

 

‘Its about us working together to support us’

 

‘The majority of senior officers of the branch are in the credit union already’

 

‘We need to do more to publicise the scheme because it is good’

Posted on

July 2018 Inflation Rates

New Inflation rates for year to July 2018

 

The Office for National Statistics (ONS) have published inflation rates for the year to July 2018. The Retail Prices Index (RPI) was 3.2%, down 0.2% on the year to June 2018. The alternative measures of CPI and CPIH were 2.5% (up 0.1%) and 2.3% (unchanged) respectively.

 

Your union’s policy is to use the RPI rate for all pay negotiations. Should an employer attempt to use alternative inflation measures during pay talks, please inform the National Policy department as soon as possible.

 

 

Posted on

Latest RMT Circular 17 8 18

17th August 2018                                                                     Circular No: IR/372/18

 

Dear Colleague,

 

REMOVAL OF DETRAINMENT STAFF, WATERLOO, WATERLOO & CITY LINE – LONDON UNDERGROUND (LUL/14/10)

 

Further to my previous Circular (IR/340/18, 27th July 2018), the ballot closed with the following result:-

 

Question: Are you prepared to take industrial action short of a strike?

 

Number of individuals who were entitled to vote in the ballot:                          67

Number of votes cast in the ballot:                                                                   53

Number of individuals answering “Yes” to the question:                                   53

Number of individuals answering “No” to the question:                                    0

Number of spoiled or otherwise invalid voting papers returned:                        0

 

This matter has been considered by the National Executive Committee, which has congratulated members on the magnificent 100% yes vote to take industrial action.

 

The NEC has taken the decision to instruct all Train Operator and Instructor Operator members at Leytonstone Traincrew Depot to take industrial action and not to enter the sidings to reverse until the train has been physically checked and doors closed on porter buttons from 00:01 hours on Sunday 9th September 2018, until further notice.

 

While we remain available for talks to resolve this dispute, we cannot accept the Company’s dangerous cost-cutting plans to remove detrainment staff from the Waterloo and City Line at Waterloo Station. I will keep Branches advised of all further developments.

 

CANTEEN CLOSURE, HARROW, METROPOLITAN LINE – LONDON UNDERGROUND (LUL/8/13)

 

Further to my previous Circular (IR/355/18, 9th August 2018), I wrote to the Company giving two options, either to reinstate the canteen at Harrow or make arrangements for members to take booked meal breaks in other staff canteen location on the Metropolitan Line. The Company has now replied and refused to meet either of these options or provide any alternative solution.

 

The National Executive Committee has considered this matter and finds the company position sets an unacceptable precedent for members across the network. The NEC has taken the decision to arrange a meeting of our H&S and IR Reps from the Metropolitan Line, Neasden Branch Officers, Trains Safety Council and the Lead Officer. I will keep Branches advised of all further developments.

 

TFL TRANSFORMATION (TFL/15/4)

 

Further to my previous Circular (IR/277/18, 20th June 2018), the following resolution has been received from our LU Fleet Branch:-

 

“In regard to the removal of Fleet Materials members to Network, Planning and Services under Transformation; our brothers and sisters within Fleet Materials have been summarily removed from Fleet and placed into Network, Planning and Services without any notice or consultation, despite assurances given that Fleet members would not be affected by Transformation.

 

Having been told in mitigation that the machinery will remain unchanged, it takes little more than a desultory review to clearly see multiple scenarios which would now see them divided from their Fleet comrades during disputes.

 

We view this action as an attack on all Fleet members in an attempt to mollify future actions and we must not stand by and allow our Fleet brothers and sisters to be moved to a business area under attack from cuts due to austerity without any consultation or agreement. What is to say this is the extent of the vision in order to circumvent previous assurances?

 

This divisive action serves only to undermine our members’ position, having stood firmly with their Fleet comrades through any number of hard fought disputes and the time has now come for all Fleet grades to reciprocate that support.

 

We demand that all materials members who have been removed from Fleet be immediately returned to their pre-Transformation status of Fleet staff. Any further consultation upon their status will only be undertaken upon this action and with their full consent”.

 

This matter has been considered by the National Executive Committee, which has taken the decision to seek an urgent meeting with the company to raise our concerns and objections with the aim of full reintegration of our Fleet Materials Stores members back into the Fleet family. I am acting in accordance with this decision and will keep Branches advised of all further developments.

 

VENDOR MANAGED INVENTORY SYSTEM, FLEET MATERIALS – LUL (LUL/15/9)

 

The following resolution has been received from our LU Fleet Branch:-

 

“In regard to the removal of Vendor Managed Inventory from Fleet Materials; approximately one year ago, our brothers and sisters within Fleet Materials were asked to trial a system called Vendor Managed Inventory. This system involved outside suppliers taking over management of stock control on items such as nuts and bolts held within the Stores. Despite clear reservations of their core work being outsourced to private companies, they were persuaded to get on board with this system in the promise that other (more technical) work was being created as part of their role.

 

Roll on one year later and the entire scope of VMI has completely changed. It would appear that any and every avenue for items to be contracted out is being exhausted, which in turn is completely eroding the role of a storeman; even the (more technical) work which was promised has failed to materialise!

 

It has become abundantly clear that privatisation by stealth is being employed in a furtive attempt to remove the necessity of Materials members to manage their own inventory. Furthermore, having also been summarily removed from Fleet into Network, Planning and Services; a business area under attack from cuts due to austerity without any consultation or agreement, the true proposed future for our Fleet Materials members is beginning to reveal itself. What is to say this is the extent of the division within Fleet, in order to circumvent previous agreements and assurances?

 

This management stream’s deceitful action in order to gain members confidence has resulted in an atmosphere of suspicion, distrust and mistrust. This surreptitious attack on our brothers and sister in Fleet Materials will not and must not be tolerated.

 

We demand an immediate end to all VMI and associated outsourcing of core Materials work to external contractors”.

 

This matter has been considered by the National Executive Committee, which has taken the decision to seek an urgent meeting with the company to raise our concerns and objections with the view of an immediate end to all VMI and associated outsourcing of core Materials work to external contractors. I am acting in accordance with this decision and will keep Branches advised of all further developments.

 

RATES OF PAY & CONDITIONS OF SERVICE 2018 – EXTERION MEDIA (LUL/0001/EM)

 

In line with union policy, a pay claim for an increase in pay and improved terms and conditions was submitted to the company. The Regional Organiser has met with them and the following offer has been tabled:-

 

  • A 2% increase, backdated to 1st April 2018
  • A 2% increase, from 1st April 2019

 

Following a consultation of affected members, the Lead Officer submitted a report to the National Executive Committee, which noted the unacceptable below inflation pay offer. The NEC has taken the decision to inform the Company of our rejection of their derisory offer and that a dispute situation now exists between our organisations.

 

I am currently acting in accordance with this decision and in the meantime, would be grateful for all Branches to ensure members’ job details and postal addresses are correct in preparation for a ballot for industrial action.

 

Yours sincerely

Mick Cash

General Secretary

 

RELATED NEWS

Archives