Below are the latest LUL Company Council Minutes
Author: Paul
Tube Lines Pay & Pension Ballot: Notice Given
I can advise that the notice of ballot has been sent to Tube Lines today.
The ballot papers will be posted to members on Tuesday 3rd May and the closing date for this ballot is Tuesday 24th May 2016.
If any member does not receive their ballot paper, please ask them to call the Freephone Helpline number on 0800 376 3706 or e-mail info@rmt.org.uk so a replacement can be sent to them.
Retiring Reps and Friends
LUEngineering Branch held a special award evening for four of our long standing reps; Martin Eden, Dave Godfrey, Frank Murray and Jackie D’Arby, with over 150 years membership and service to the union.
All of them were friends of Bob and we laughed and joked together about old times and it was as if he was there in the room with us.
All four were given Bob Crow Busts which we as a branch could not think of a better, more deserving and apt award.
TfL Pension: 'Transfer In' Issue Won (existing members only)
Following pressure and a concerted campaign by the RMT through the Pension Consultative Committee Members, Trustees and Unity House, LUL have been forced to allow existing TfL Pension Scheme members to transfer benefits from other funds into their TfL Pension.
This means that former Metronet and Tube Lines (among others) who are already in the TfL Pension scheme now have the option to take their existing pots from other pension schemes and transfer that money into the TfL Scheme. This should only be done following independent financial advise.
The TfL Pension initially prevented this from happening six years ago, however, following our campaign, they recognised that they could no longer maintain this position without a rule change of the Pension Fund, something that would have been severely opposed.
Now the struggle continues to get all staff in LUL (ex-Metronet etc) and those in AP JNP entry into the TfL Pension. AP JNP (Tube Lines) staff are in the process of being balloted over this issue
EQUALITY IN THE WORKPLACE – TUC SURVEY
EQUALITY IN THE WORKPLACE – TUC SURVEY
The TUC is conducting an Equality in the workplace survey of union representatives on the type of equality issues arising in the workplace and the support reps need to tackle these issues. The TUC would like to hear from union reps, and questions include:
- Have you dealt with any equality issues at your workplace related to members?
- Where do you go to for resources and support?
- Do you struggle to find guidance or information?
- Have you received any training from the TUC or your union on equality issues?
The results of the survey will feature in the main TUC Equality Audit report. The survey will be used to collate data and case studies. At the end of the survey you can voluntarily provide your contact details for the TUC to contact you for further information. Please click below to complete the short survey and share with all workplace reps that deal with equality issues. The closing date for the survey is 6 May.
Sexual Harassment- TUC Survey
SEXUAL HARASSMENT – TUC SURVEY
Recent TUC polling indicates that sexual harassment is still rife in many workplaces. These findings are in line with European data on the extent of sexual harassment. As part of a project on sexual harassment in the workplace, the TUC would like to hear about your experiences either directly or as a rep of sexual harassment.
Please complete this short survey to tell the TUC about your experience. The information you share will be treated in confidence and the survey can be completed anonymously. If anyone is prepared to speak to the TUC and/or to the media please do add their contact details.
https://www.tuc.org.uk/SHsurvey
The RMT is also committed to tackling sexual harassment and assault and is the process of putting together a guidance booklet to help reps and branches deal with these issues.
Trade Union Bill – Take Action Now
Trade Union Bill – Take Action Now
On Wednesday 27 April, the Trade Union Bill is likely to get its final vote in the House of Commons, when MPs will vote on the final Bill and decide whether or not to accept a series of amendments made by Peers. These changes offer a chance to remove many of the most damaging parts of the Bill – and we need to keep up the pressure.
If approved by the Commons, these amendments would remove the power to restrict the time off that union reps in the public sector are allowed to represent their members, move towards allowing unions to use online voting in strike ballots, and considerably reduce the impact of the new restrictions on union political campaigning.
The Government will no doubt be looking for a repeat of last year’s Commons stages, when they were able to use their majority to overrule a determined and united case made by opposition MPs.
RMT, TUC and the other unions are continuing to oppose this unnecessary and divisive Bill in its entirety. We’re calling on MPs to vote against it in the final debate, as well as backing amendments that would reduce its damage.
Can you write to your MP now, to let them know you’ll be watching how they vote on 27 April? Please use this link: https://secure.goingtowork.org.uk/page/speakout/tell-your-mp-not-to-overrule-lords-amendments-on-trade-union-bill
As EU imposes rail privatisation – RMT says "vote to Leave"
As EU imposes rail privatisation – RMT says “vote to Leave”
The European Parliament’s decision this week to back the opening up of all rail routes across the EU to more competition for private operators was just one more reason to vote Leave on June 23, transport union RMT said today.
Under the proposals in the EU’s so-called Fourth Railway Package, train operators would have complete access to the networks of member states to operate domestic passenger services.
The European Council had already agreed that mandatory competitive tendering should be the main way of awarding public service contracts.
RMT general secretary Mick Cash said that the failed Tory privatisation of rail over twenty years ago using EU directive 91/440 was now being imposed on 500 million people by EU diktat without a mandate.
“This rail package is designed to privatise railways across Europe and its proposals are remarkably similar to the McNulty report on the future of GB railways, imposing further fragmentation and attacks on workers.
“McNulty, the Tory government and the EU share the business-led mania for privatisation and agree on the need to jack up fares and attack jobs, pay and pensions to pay for it, no-one has voted for that.
“It is impossible to make changes to this privatisation juggernaut inside the undemocratic EU so the only solution is to get out by voting Leave on June 23,” he said.
TFL PENSION FUND – 2015 TRIENNIAL ACTUARIAL VALUATION
TFL PENSION FUND – 2015 TRIENNIAL ACTUARIAL VALUATION
Following the 2015 triennial actuarial valuation of the TfL Pension Fund the results reveal a deficit of £396 million with a funding level of 95%. This is a significant improvement on the previous valuation carried out in 2012 which revealed a deficit of £699 million (funding level of 89%).
While investments have significantly performed between valuations this gain has been offset by the reduction in other assumptions such as the discount rate. The discount rate is an assumption on how well investments will perform in the future.
In effect the improvement in the funding level is equal to the deficit correction payments made into the fund between 2012 and 2015. I would add that while the deficit has reduced the future service cost (benefits built up in the future) has increased.
Presently the employer makes annual future service contributions of 20.4% and deficit recovery contributions of 10.6% totaling 31%. Under the schedule of contributions the employer is also due to make a deficit correction payment of £37.8 million by March 2018. Members pay contributions of 5% of pensionable earnings.
However, while the shortfall has reduced there is still a deficit which needs to be corrected.
Following discussions between the TfL Pension Fund Trustee and the employer the following agreement has been reached:
- To increase the employer future service contribution rate from 20.4% to 25.55%
- A deficit recovery period running until 2023
- Reduce the employer deficit correction contributions from 10.6% to 5.45%
- The employer to make a one off lump payment of £37.8 million in March 2018
- Member contributions to remain at 5% with no changes to benefits
The National Executive Committee in consideration noted and adopted the following report on 19th April 2016:
“We note that the Trustee and TfL have agreed to a set of proposals to recoup the deficit in the TfL Pension Fund.
While it is noted that our representatives on the Trustee Board requested that the recovery period should be shorter, this union accepts the final agreed proposals.”
TFL PENSION FUND – CONTRACTING-OUT PROPOSALS
TFL PENSION FUND – CONTRACTING-OUT PROPOSALS
As a result of Government legislation Defined Benefit (Final Salary) pension schemes, such as the TfL Pension Fund, are no longer able to contract-out of the State Second Pension. As from 6th April 2016 both members and employers will see their National Insurance Contributions (NIC) increase by 1.4% and 3.4% respectively as the rebate associated to contracting-out is abolished.
While members will have no choice but to accept the increase in NICs, the Government has put in place legislation which will allow employers to recoup their additional payroll cost by either changing future service benefits or/and increasing contributions without the need of trustee consent. However, employers will have to consult with members and their representatives.
TfL have stated that they do not intend to recoup their contracting-out National Insurance Contribution rebate, estimated to be £25 million per annum. This means the employers additional payroll cost will not be passed on to members of the TfL Pension Fund. However, management has indicated that this may be reviewed in the future.
Government legislation allows employers a five year window between 2016 and 2021 to recoup the rebate.
The National Executive Committee in consideration noted and adopted the following report on 19th April 2016:
“We note that the employer has informed the TfL Pension Fund Trustee Board that they do not intend to recoup their additional payroll costs associated to the ending of contracting-out.
However, while this is good news for members of the fund it is noted that management have indicated that they may revisit their decision. Therefore, any future developments should be reported back to the National Executive Committee.”
I will keep you informed of any developments.
RMT Supporting Blacklisted Members
Should you feel that you have been subject to blacklisting and have appeared on a Blacklist Database (as the Information Commissioners Office can confirm) then the RMT may be able to support you through their solicitors, Thompsons.
Many of our members have suffered severe hardship for fighting for safety or undertaking legal activities such as representing members and have had their livelihoods taken away through the actions of the state and in the name of corporate greed.
Both our Assistant General Secretaries, Steve Hedley and Mick Lynch appeared on lists that stopped them earning a living without recourse.
It is time for justice. So if you was affected, then fill in the form below and send off to Unity House for our legal team to review whether they believe you have a case.
Blacklisting and Corporate Lies
Blacklist Support Group today announced that it intends to make a formal submission to the Metropolitan Police calling for an investigation into the destruction of documents and computer files by multinationals involved in the blacklisting scandal.
High Court orders have resulted in retrieved computer records from construction firms only recently being disclosed to the lawyers of blacklisted workers. This previously hidden evidence indicates that computer hard drives were destroyed, email accounts were deleted and correspondence was shredded by companies appearing in the High Court litigation.
Witness evidence and documents provided by Ian Kerr (chief executive of The Consulting Association) to a Select Committee investigation indicate that over 90% of the paperwork held by the blacklisting body was burnt on a bonfire and instructions were given to destroy other evidence. The destruction of the documents and computer files occurred at the same time as the ICO was carrying out an investigation, a criminal trial was taking place, hundreds of Employment Tribunal cases were still live, cases were submitted to the European Court of Human Rights and a High Court group litigation trial was being prepared.
Now the newly disclosed evidence is available to blacklisted workers, it is felt that there is a strong case that the course of justice may have been deliberately perverted. A dossier is being compiled for legal opinion before considering pressing for the DPP to charge individuals involved with TCA and possibly the CEOs who sanctioned their illegal activity. Perverting the course of justice is an indictable criminal offence without statute of limitations. If a person is found guilty of concealing evidence sentencing guidelines suggest a two year term of imprisonment.
Dave Smith – BSG secretary commented:
“The pieces in the jigsaw are now coming together, albeit many are lost forever. The stench of corporate wrongdoing is no longer a moral issue but potentially a serious criminal offence. We will be doing everything in our power to make sure the police and the DPP take this matter seriously. The rich and powerful may think they are above the law but blacklisting will not be covered up like Saville was. Whatever the outcome in the High Court, our dossier will be handed into the police. If senior individuals gave orders or knowingly colluded in destroying documents that anyone could have predicted would undoubtedly have been used as evidence in numerous legal proceedings, they need to be held to account for their actions”.
Howard Beckett Legal Director at Unite said:
“The reason given by the defendants for poor disclosure is to openly admit to a corporate policy of ensuring the destruction of documents. Their attempts to deny meaningful levels of compensation and to deny conspiracy allegations rely upon the lack of records. Multiple legal cases became inevitable the very day that the Consulting Association was established, let alone the day it was raided. People clearly felt their actions were unlawful, why else the secrecy and why else routinely destroy documents. The Consulting Association was a secret conspiracy and Cullum McAlpine, a named defendant was at the core of it. McAlpine is determined to avoid giving evidence at the High Court but for the sake of justice, he needs to now confirm he will appear to finally allow the victims of blacklisting to ask how far this conspiracy goes.”