Author: Paul

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Tube Lines Pay/ Night Tube & Pensions

RATES OF PAY & CONDITIONS OF SERVICE 2015 AND NIGHT RUNNING

TUBE LINES AP JNP

Thank you for your report dated 28th February regarding the above. This matter has been considered by the National Executive Committee, which has taken the following decision:-

“Further to our Decision 173 of 28/1/16, a meeting of Tube Lines Reps with the Lead Officer, Senior AGS and NEC members was held on 23rd February. We note the report from the Lead Officer and the latest pay offer from Tube Lines. The Reps were unanimously of the view that the Pay and Night Tube offer is unacceptable, and that the Company’s refusal to discuss the Pensions issue until after the launch of Night Tube is also unacceptable.

 We therefore instruct the General Secretary to:-

 

  1. Inform Tube Lines that we reject their Pay and Night Tube offer, that we insist on the early resumption of talks over the Pensions issue, and that we are in dispute over these issues.
  2. Send a personal letter to all members, giving a history of the Pension dispute, the reasons it is linked to Pay and Night Tube, together with our objections and why we also reject the Pay and Night Tube offer. The letter should say that we will be holding a new ballot for industrial action on Pensions, Pay and Night Tube, and previous ballots no longer apply. The letter should ask members to confirm their membership details.
  3. Prepare publicity and distribute it to the workplaces.
  4. Prepare a ballot matrix of our Tube Lines members.
  5. Once this is completed, ballot our members for industrial action in the form of strike action and action short of a strike.

 London Transport Regional Council and Branches to be informed.

The decision and relevant papers should also be placed on file MRP2/10 Tube Lines – Action on Pensions.

I am currently acting in accordance with this decision and will keep you advised of all further developments.

Yours sincerely

Mick Cash

General Secretary

 

Tube Lines Pay Offer

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Legal Update: Holiday Pay

Legal Update:  Holiday Pay.

Further to Circular NP/099/14 of the 29th May 2014  where I reported the case of Lock v British Gas, and Circular NP/149/14 dated 2nd September 2014,  and NP/223/14 on the  5th November 2014 reporting the EAT decision in  Hertel,Amec v  Wood and others and Bear v Fulton favour of the workers . The EAT today in the case of Lock v British Gas Trading Limited.

British Gas had appealed against a decision of an employment tribunal in Leicester (reported on the 2nd September 2014), which decided that it was possible to interpret domestic legislation (Regulation 16 of the Working Time Regulations 1998 and sections 221 to 224 of the Employment Rights Act 1996) so that results-based commission should be taken into account when calculating an employee’s holiday pay.

Mr Lock was a salesman employed by British Gas. Whilst on holiday, he was paid his basic salary and any results-based commission which had been earned earlier, but since he was not working he could not earn any further commission. Results-based commission formed a significant part of his pay packet. Mr Lock and a large number of others brought claims in the employment tribunal and his case was selected as the lead case. The Employment Tribunal in his case decided that, following the reasoning in the Employment Appeal Tribunal decision of Bear Scotland and others v Fulton and Others [2015] ICR 221, the domestic legislation could be interpreted in line with the requirements of EU law (namely Article 7 of the Working Time Directive), and gave judgment in favour of Mr Lock. The decision in the Tribunal followed a reference to the European Court of Justice, which held that the commission was part of Mr Lock’s normal pay for the purposes of payment in respect of annual leave (reported at [2014] ICR 814).

On appeal, Mr Justice Singh sitting in the Employment Appeal Tribunal determined that it was not possible to distinguish Bear Scotland from the present case. While Bear Scotland concerned the inclusion of non-guaranteed compulsory overtime rather than results-based commission, both Bear Scotland and Lock had as their central issue the interpretation of sections 221 to 224 of the Employment Rights Act 1996. Further, Bear Scotland was not “manifestly wrong”.  Singh J. declined to add any further gloss to that phrase, save as to say that it means a decision which can be seen to be “obviously wrong”. He considered that Mr Justice Langstaff in Bear Scotland had correctly understood and set out the relevant principles in relation to the interpretative obligation on English courts to construe domestic legislation in line with EU law. He concluded that it would be inappropriate for him to reconsider the merits of the substantive argument which had so recently and at length been considered in Bear Scotland, and that, if that case was wrongly decided, it must be for the Court of Appeal to say so, not for the Employment Appeal Tribunal

Posted on

LUL Dispute- Cleshars Outsourcing

Following talks with LUL, the RMT have agreed to joint briefings with staff to find out how many people wish to change their shift patterns on the BCV Track areas. Some of these briefings have already occurred on the Central Line.

The purpose is purely and simply to obtain information and then work on a solution that will mean that there will be no business need to use Cleshars patrol staff. It is not about staff being compelled to work different shift patterns but a fact finding mission.

More briefings are occurring this week at Seven Sisters and Lambeth. Again this is only an expression of interest and for negotiation purposes only.

Further talks with management will then occur later in the week and then we will speak to our members and fully update them.

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Section 15 Update

Talks have been continuing under the auspices of Acas and through a formal LUL investigation into incidents that have occurred within Possessions in General.

Your representatives have reported a far greater willingness to listen and are reporting progress in producing a safe system of work for our members.

However, there is still work to be done and a formal meeting will take place at Acas at the end of the week to see if full and final agreement has been reached

 

LUL TLL Section 15 Newsletter

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Thales Pay Update

Following talks with Thales regarding the RMT pay claim for 2016, we have received the below reply:

 

RMT Pay Claim Response

 

This is response to the below claim:

 

2016 Pay Claim – Thales

 

ALL RMT union reps are released on Friday 19th February to discuss this matter so please feedback to them your views

 

Text of Thales Pay offer below:

Private & Confidential

Mr Paul Jackson

National Union of Rail, Maritime and Transport Workers

39 Charlton Street

London

NW1 1JD

16th February 2016

Dear Paul,

RMT 2016 Collective Pay Claim Response

I am writing to you following our meeting of the 10th February 2016 and following receipt of the pay claim you have proposed for those within the collective agreement.

As I discussed at our meeting, 2015 was a challenging year for GTS UK and we did not meet our financial targets. Albeit the business has seen success in securing the 4LM programme with London Underground, we continue to focus on meeting our financial targets consistently and growing the end of year EBIT year on year. It is essential for us that we are competitive within bids and that we attract and retain critical skills and capabilities. A business that is affordable and sustainable is key in achieving this. It is also critical that we continue to grow our Mainline Rail business and continue the development of the ICS business across the UK. This will lead to a more sustainable environment for all our employees.

With reference to your proposals, as discussed several were concluded during discussions in 2012 following the alignment of terms and conditions programme.

During our meeting we had a lengthy discussion around compensation and can confirm that we will review anyone who is below their benchmark as a matter of priority. As discussed we have collectively reviewed our apprentices to ensure they are rewarded competitively. I can also confirm that we regularly benchmark our salaries externally and proactively address anomalies within the business.  Taking the climate of GTS UK into account and the affordability of the business, I am proposing a collective increase of 1.4%. Having reviewed the feasibility of a flat rate increase per employee I am proposing that we are consistent with the rest of Thales UK and continue with a percentage increase proposal.  I understand that you will need to position your response with your members but would like to remind you that we are also working to the Thales UK timescales to conclude the salary review campaign for 2016 by Friday 19th February.

Lastly, it was mentioned during our meeting that travel expenses incurred by RMT representatives to attend meetings was to date not claimable. Going forward, I can confirm that business related travel expenses to attend RMT meetings can be claimed.

Yours sincerely,

Vicki Turner

Human Resources Director

 

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Blacklisting Update

  1. Pressure mounts in High Court & Scotland

Brian Higgins blacklisted by construction firms, spied on by undercover police. Double page spread in Daily Record.

http://www.dailyrecord.co.uk/news/scottish-news/blacklisting-left-broke-disgrace-families-7377627#ICID=sharebar_facebook#lKzrpUukdkyC6Ph7.97

 

http://www.vice.com/en_uk/read/blacklisting-companies-justice-part-36-offers-to-settle

http://www.hazards.org/blacklistblog/2016/02/09/guilty-as-sin-site-firms-try-to-buy-silence/

http://www.healthandsafetyatwork.com/hsw/worker-involvement/compensation-blacklisting-ucatt

Next High Court date is Friday 26th Feb

 

  1. Targeting activists

https://netpol.org/2013/06/18/police-powers-finally-kettled-by-high-court/

http://www.dailyrecord.co.uk/news/scottish-news/name-your-cop-spies-former-7368661#ICID=sharebar_facebook

 

  1. Trade Union Bill

http://leftfootforward.org/2016/02/blacklisting-scandal-shows-how-dangerous-the-trade-union-bill-is/

http://www.theguardian.com/politics/2016/feb/12/trade-union-bill-escalate-disputes-industrial-law-expert-bruce-carr?CMP=share_btn_fb

https://www.tuc.org.uk/union-issues/trade-union-bill/tuc-comments-leaked-ministerial-letter-calling-trade-union-bill

http://labourlist.org/2016/02/the-government-are-effectively-creating-state-sponsored-blacklisting/

 

  1. International Workers Memorial Day:  Mourn the Dead – Fight for the Living

https://www.facebook.com/International-Workers-Memorial-Day-2016-618062591665959/

Giulio Regeni R.I.P. Murdered for carrying out research on trade unions in Egypt. http://www.labourstartcampaigns.net/show_campaign.cgi?c=2953

http://www.theage.com.au/victoria/construction-worker-falls-down-shaft-in-parkville-berkeley-and-pelham-streets-20160214-gmu3c8.html

 

  1. Events

Sat 21st Feb – Spycops and Blacklisting talks at Cardiff Anarchist Bookfair  (flyer attached)

Wed 6th March – ‘Whistleblowing as Complaining; Blacklisting as Bullying’ at Birkbeck Uni, London – with ‘Blacklist’ film by Lucy Parker – hosted by Prof John Kelly

 

  1. Art Against Blacklisting

Trumbo Film Review http://www.newstatesman.com/politics/uk/2016/02/unlikely-alliance-hollywood-and-british-builders-exposing-impact-blacklisting

 

Any Means Necessary – play at Nottingham playhouse Theatre til 20th Feb

http://www.theguardian.com/stage/2016/feb/10/any-means-necessary-review-kefi-chadwick-nottingham-playhouse?CMP=share_btn_fb

http://www.leftlion.co.uk/articles.cfm/title/theatre-review–any-means-necessary/id/8034

http://www.nottinghamplayhouse.co.uk/whats-on/drama/any-means-necessary/

 

Blacklisted (for forty years)

How do you work out the price of our lives
When you stopped us from tipping up to our wives
Our children were left feeling sad and confused
Blacklisted children like pawns they were used

We know your all driven by money and greed
Never ever the wish, to do a good deed
Your accountants and lawyers all plan and plot
They’d like to see all of the blacklisted shot

But we’re all standing tall and and are up for the fight
As we all stood tall and fought for the right
For every working man, the freedom to stand
To give one another a warm helping hand

So onwards we go and it’s justice we seek
You laughed and defamed us, you thought we were meek
But we know, great British justice is going to be done
It’s our right to fight, stand together as one

So all you blacklisters you’ve all done your worse
Now that you’ve been forced to open your purse
For we only wanted safety on site
Not worked to death buried deep out of site

 

Blacklist Support Group

book: http://newint.org/books/politics/blacklisted-secret-war/

video: http://www.youtube.com/watch?v=JlCa8yQmZ70

blog: www.hazards.org/blacklistblog

facebook: http://www.facebook.com/groups/blacklistSG/

 

 

Posted on

Reps Retiring

The LUEngineering Branch would like to wish Martin Eden, Dave Godfrey and Colin Miller all the best as they leave the company for new pastures.

The have worked ceaselessly for their members and we would all like to wish them many thanks for their work

 

 

Posted on

Devolution of inner suburban rail passenger services to TfL

Dear Colleague

Devolution of inner suburban rail passenger services to Transport for London

The Government are consulting on the devolution of inner suburban mainline rail passenger services to Transport for London with a key proposal being that the responsibility for franchising certain rail services transfers from the Department for Transport to Transport for London.

The consultation document is entitled “A new approach to rail passenger services in London and the South East” and can be found at:

 https://www.gov.uk/government/consultations/rail-passenger-services-in-london-and-the-south-east-a-new-approach

The Government consultation closes on 18th March 2016 and National Executive Committee are seeking the views of effected Branches and Regional Councils.  Views are sought obviously in the context that it is the union’s clear and unambiguous policy to support renationalisation of the railways.

I would be grateful for your views no later than Monday 7th March 2016.

Yours sincerely

Posted on

London Mayoral Election

London Mayoral Election

 The National Executive Committee has received a Branch request to support the Labour Party Candidate Sadiq Khan for London Mayor.

The National Executive are seeking the views of Branches and Regional Councils in the London Mayoral area and views are sought no later than Thursday 24 March 2016.

 Yours sincerely

Mick Cash

General Secretary

 

Posted on

2016 May Elections

2016 May Elections

 The 2015 AGM adopted the Council of Executives political review that was placed before them. This included the following requirement,

 The Council of Executives will set a date before the election concerned, for example eight weeks, by which time Branches and Regional Council requests must be received. This will also be the date on which all Branch and Regional requests will be decided upon. Not only will setting a date allow support for candidates to be put in place in good time it will also allow the Council of  Executives to decide on any conflicting requests, and if necessary seek further information or undertake consultation with affected Branches.

 This matter has been considered by the National Executive Committee in respect of the elections that are to take place on Thursday 5th May 2016.

The NEC have asked me to remind you of this decision and also, to seek to give effect to the decision, the NEC have asked that any requests from Branches and Regional Councils to support candidates in the forthcoming elections should be received by Thursday 24 March 2016.

Posted on

Tube Lines Pay Offer

The following Pay offer was sent over by Tube Lines today. We have requested release of the reps to discuss this on the 23rd February

 

Pay Night Tube offer RMT 05 02 16

 

 

Issued to: JNP Pay and Night Tube

APJNP Pay and Night Tube

Following discussions with the Trades unions on Friday 5 February 2016, I would like to update you on the offer made with regards to Pay and Night Tube :-

This in summary includes:-

  • From 1 April 2015 – An increase of 1% plus a £500 consolidated flat rate increase to recognise our transformation to a 24-hour passenger service operation – Night Tube
  • From 1 April 2016 – RPI or 1% (whichever is greater)
  • From 1 April 2017 – RPI or 1% (whichever is greater)
  • From 1 April 2018 – RPI + 0.25% or 1%, (whichever is greater)
  • £500 non-consolidated launch payment to all operational employees for the successful launch of Night Tube
  • Full implementation of the Sunday to Thursday rosters to support Night Tube Operations
  • A full review of all the Transplant operations working arrangements to support with the long term commitment to improving work-life balance
  • A review of all the APJNP operations working arrangements to support with the long term commitment to improving work-life balance

RATES OF PAY AND CONDITIONS OF SERVICE 2015

In the context of this proposal, the following offer is made on Pay 2015:

 Term:-

  • A 4 year deal covering 1 April 2015 to 31 March 2019

Basic Salary

1 April 2015

  • An average increase on Basic Salary of 2% from 1 April 2015 comprising as follows:
    • 1%1 plus, a flat rate of £500 consolidated increase for all grades in recognition of our transformation to a 24-hour passenger service operation
  • This is an above inflation increase for 2015/16.
    • 1 April 2016
    • RPI2 or 1%, whichever is the greater.
  • 1 April 2017
    • RPI3 or 1%, whichever is the greater.
  • 1 April 2018
    • RPI4 plus 0.25%, or 1% whichever is the greater

Payment of Basic Salary, to all eligible staff, backdated to 1 April 2015, will be paid through the first available Payroll following acceptance of this Offer.

Night Tube Launch Payment

The Night Tube service will initially be launched on the Piccadilly, Jubilee and Northern Lines. In recognition of this LUL undertakes to make a:

  • £500 non-consolidated payment to all operational staff upon the successful launch of Night Tube.

NIGHT TUBE

  • Putting in place A Sunday to Thursday roster patterns to support the Jubilee, Northern and Piccadilly all running Night Tube.
  • A post implementation review will be conducted of all functional-level arrangements by each relevant Council including consideration of staffing levels

The Night Tube payment will be paid through the first available Payroll following the successful launch of the service. The successful launch of Night Tube is defined as the service operating as planned for customers, with all rosters and changes to working arrangements in place to ensure sustained, continued operation.

Tubelines/APJNP and the TUs commit to a set of post agreement joint initiatives to give a more choice to staff to enhance their work life balance.

In principle Tubelines/APJNP has no objection to staff across in the operation working a compressed working week, or indeed any working pattern, as long as it is safe and mutually beneficial. Any change to working arrangements should be safe and mutually beneficial, for example delivering better work-life balance and more choice for staff, as well as business improvements.

More options to improve personal career development e.g.

  • Pursuing opportunities to create a reciprocal agreement with LU, LOROL and TfL Rail for staff to move to other similar roles within the TfL group.
  • Working with staff to identify new opportunities to improve personal development within APJNP/LU.

The Tubelines Pensions discussions to be reconvened following the acceptance of the Pay and Night tube pay award and successful launch of the Night tube operation

We are now awaiting feedback from the Unions with regards to this offer.

Yours sincerely

Andy Derbyshire

Head of Operations APJNP

 

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