Author: Paul

Section 15: A Personal View

Many people have been asking what is the dispute all about, below is an extract of an email sent by your Branch Secretary to Heads of Tube Lines and LUL. The email chain regards incidents in possessions and the company view that there is nothing wrong.

The email was sent the day after management refused to suspend section 15 Possessions and then two further possession incidents occurred that very night.

“…….It is interesting times we live in. I am not sure what individual will be blamed for this error or indeed the one for LU Incident – 51703336, but I have little doubt that someone will be held up to not followed a process or instruction correctly. This blame, in my opinion, should not be laid at whatever person is decided to be held accountable, but should be placed fairly and squarely on those on your side of the table that are allowed these processes to continue. I put it to you that a better, more productive and safer culture would be to draw back and examine, along with us, in a systematic manner, the inadequacies that lay before us, that our union believe will end in tragedy. Suspend these processes completely in the name of safety first and sit round a table and talk

However, I am also sure, that whatever you find the reality of the situation that you and your colleagues are facing, is that we are informing you, in as emphatic a way as is possible that you have implemented a process, that has casualised a safe system of work, allowing human error to creep in at every level without correct checks and balances that are necessary for us to be safe at work. We are informing you that inadequate briefings are being carried out that are no mitigation for formal training and are wholly inadequate for staff to know what they should be doing and allowing the knowledge and confidence that others are doing their job properly too.

We all have our stories and mine is no different to many insofar as we have all lost friends and colleagues to accidents that are as avoidable as they are tragic. The common factor is usually not the major element or major failure of process but the build up of small acts and omissions that coincide to form a pathway of inevitable consequence. The decision is yours, the consequence will fall on us

That remains the reason we are in dispute, because people like me have sworn to our members that we will shed tears, toil and sweat on their behalves, but will not stand idly by when we truly believe they are in serious and imminent danger. We will therefore oppose this process, not through political motivation, not for benefit or gain, but through fear that the decisions you make are wrong and that we will pay the price.

Regards Paul J….”

Huge Action Planned for Section 15

SECTION 15 POSSESSIONS

Further to Head Office Circular NP/252/15, 15th December 2015, and following the ballot result showing overwhelming support for industrial action your National Executive Committee has taken the decision to instruct all members covered by this dispute at LUL and Tubelines NOT TO BOOK ON FOR SHIFTS that commence between:

  • 0630 Friday 12th February 2016 and 0629 on Saturday 13th February2016
  • 0630 and 1829 on Sunday 6th March 2016
  • 0630 Friday 25th March 2016 and 0629 Saturday 26th March 2016
  • 0630 Sunday 27th March 2016 and 0629 Monday 28th March 2016
  • 0630 and 1829 on Sunday 24th April 2016
  • 0630 and 1829 on Sunday 15th May 2016
  • 0630 and 1829 on Sunday 12th June 2016

Members are also instructed to take action short of a strike by doing: no work of any kind in a section 15 possession, and by taking meal breaks as per agreements.

I urge you all to support this action and demand that the Company takes action to resolve the issues at the heart of this dispute.

The Lead Officer has also raised concerns over staff in Service Control and similar grades that these staff are faced with additional workloads and duties due to the imposition of the Section 15 Possession arrangements and the National Executive Committee have instructed that we inform LUL that staff in these grades are also in dispute with the company and will be balloted for industrial action.

STAND FIRM TOGETHER & SUPPORT THE ACTION

SUPPORT YOUR UNION

 

Blacklisting: Court Date Cancelled

  1. High Court hearing set for Monday 1st February has now been cancelled. Its very last minute but the firms only agreed the issues very late.

 

There is now an extension of time for any individual to join the group litigation – 28th Feb 2016 is the new deadline.

If anyone with information on the Consulting Association blacklist that has received their file from the Information Commissioner’s Office (ICO) is not part of the High Court claim yet – HURRY UP!! Because once 29th Feb is passed, it will almost certainly be too late.

 

http://www.hazards.org/blacklistblog/2016/01/27/site-firms-ordered-to-release-blacklisting-information/

https://socialistworker.co.uk/art/42072/Judge+orders+blacklisters+to+look+for+key+documents

http://www.union-news.co.uk/blacklist-firms-ordered-to-disclose-emails/

http://www.buildingconstructiondesign.co.uk/news/high-court-orders-construction-firms-to-search-for-documents-on-secretive-blacklisting-activities-inside-the-companies/

 

  1. #spycops – Undercover police spying on activists

Government witness statement submitted to the Pitchford inquiry defending the use of ‘Neither Confirm Nor Deny’ response by the police in relation to covert spying on peaceful democratic campaigns, including the Blacklist Support Group.

https://www.ucpi.org.uk/wp-content/uploads/2016/01/NCND-PDF-unsigned-witness-statement.pdf

 

More spycops revelations coming out almost by the day:

http://thejusticegap.com/2016/01/12400/

http://news.stv.tv/east-central/1340339-undercover-policeman-seen-posing-as-g8-activist-in-exclusive-footage/

http://campaignopposingpolicesurveillance.com/2016/01/25/scotlands-top-cop-new-broom-sweeps-dirty/

 

Public Meeting in Hhackney 26th Feb: http://campaignopposingpolicesurveillance.com/event/big-brother-whos-watching-you-mark-jenner-meeting/

 

  1. Elaine Smith MSP, deputy speaker of the Scottish parliament is hosting a viewing of the film “Blacklist” by long time friend of the Blacklist Support Group, Lucy Parker

Wednesday 10th February at 6pm

Committee Room 1.

Speakers: Neil Findlay MSP and Lucy Parker, artist filmmaker.

  1. Qatar

http://www.mirror.co.uk/news/world-news/misery-qatar-migrant-workers-readying-7266744

http://www.buzzfeed.com/sirajdatoo/union-boss-len-mcluskey-secretly-investigates-working-condit?utm_term=.uy40Ror7N#.blLdoBbzj

 

  1. Other bits

Video of the Anfield protest has had over 7,000 views on facebook in less than 48 hour – please circulate widely: https://youtu.be/SaAWgZDdvKY

 

Robert Tressell – http://www.crowdfunder.co.uk/celebration-of-robert-tressell-1/

Section 15 Update: Tube Lines back safety

Tube Lines members have delivered a massive yes vote for action in their demand for safety at work

Out of 185 Votes

Strike

170 For

12 Against

Action short of strike

180 For

3 Against

That makes an overwhelming majority for action across affected Engineering Grades in both LUL and Tube Lines

Further talks at Acas are now expected and we believe that these will be arranged for next week

Our members will not stand by and allow this danger to continue

Unity is LIFE

Section 15 Ballot Result

28th January 2016

Dear Colleague,

Section 15 – Possessions – London Underground

Further to previous correspondence regarding the above, the ballot has now concluded with members voting as follows:-

Are you prepared to take strike action?

Total Votes Cast        381
Number Voting ‘Yes’        287
Number Voting ‘No’        92
Spoilt Papers            2

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

Total Votes Cast        381
Number Voting ‘Yes’        325
Number Voting ‘No’        54
Spoilt Papers            2

The National Executive Committee is currently considering this result and I will write again shortly.

LUL Circular – Pay & Night Tube, EJM, Track Patrolling Cleshar, Glen Hart

RATES OF PAY & CONDITIONS OF SERVICE AND NIGHT TUBE – LONDON UNDERGROUND (LUL/0001)

 

Further to my previous Circular (IR/011/16, 14th January 2016) all members will have received a copy of the revised offer from London Underground in respect of Pay, Night Tube and Fit for the Future Stations. For your ease of reference, the full offer can still be accessed on our website via

 

Dispute resolution proposal.

 

The mass meeting of our LUL Reps took place yesterday and having considered the views from this meeting, the National Executive Committee has taken the decision to suspend this week’s strike action. Members are therefore instructed to work as normal on Tuesday 26th and Wednesday 27th January 2016.

 

Both these disputes, on Pay & Night Tube and on Every Job Matters will be considered by the National Executive Committee again on Thursday 28th January. The future strike dates in February currently remain in place and I will keep you advised of all further developments.

 

EVERY JOB MATTERS – DEFENDING JOBS ON LONDON UNDERGROUND

 

Further to my previous Circular (IR/011/16, 14th January 2016) and in addition to the above, the National Executive Committee has recommitted to a Week of Action from Sunday 7th February 2016. All Station Grades members should be very clear that RMT has not, and has never accepted any part of the Fit for the Future Stations proposals.

 

To reiterate, as things stand there will be industrial action called for RMT Station Grades members during the WEEK OF ACTION COMMENCING SUNDAY 7TH FEBRUARY 2016. Also, the overtime ban which has been in place for Station Grades since Sunday 3rd January 2016 is still on and I urge all members to CONTINUE TO SUPPORT THE OVERTIME BAN. I will keep you advised of all further developments.

 

TRACK PATROLLING, CLEHSAR STAFF – LONDON UNDERGROUND (LUL/14/1)

 

Further to my previous Circular (IR/011/16, 14th January 2016), members will be aware of the dispute situation with London Underground over its decision to train Cleshar Staff to undertake track patrolling duties.

 

The ballot papers were posted out to affected members on Tuesday 19th January and the closing date for this ballot is Tuesday 2nd February 2016. I will keep you advised of all further developments.

 

DISCIPLINARY, GLEN HART – LONDON UNDERGROUND (LUL/4/4)

 

Further to my previous Circular (IR/011/16, 14th January 2016), members will be aware of the dispute situation that exists with London Underground over the continued suspension and threat of disciplinary action, up to and including dismissal, against RMT Activist Glen Hart.

 

The ballot papers were posted out to all London Underground members on Thursday 21st January and the closing date for this ballot is Thursday 4th February 2016. I will keep you advised of all further developments.

 

DISMISSAL, R. GARD, CSA, BOND STREET – LONDON UNDERGROUND (LUL/4/1)

 

Further to my previous Circular (IR/276/15, 12th November 2015), members will recall the case of Sister Rachel Gard who suffers from type 1 diabetes and was recently dismissed from London Underground. This matter has now been considered again by the National Executive Committee, which has noted the outcome of the Director’s review to uphold the decision to dismiss Sister Gard, and taken the decision to commence a ballot of our Customer Service Assistant members at Bond Street Station.

 

The Company has been advised that a dispute situation exists between us as it is the view of this Union that Sister Gard did not deserve the sanction of dismissal and that this member has been unfairly targeted on her disability.

 

The ballot papers will be posted out to members on Tuesday 26th January 2016. The closing date for this ballot is Tuesday 9th February 2016 and I will keep you advised of all further developments.

Week of action against Trade Union Bill

RMT to support week of action against Trade Union Bill as Tories target transport workers

 Transport union RMT is supporting a week of action from 8th to 14th February organised by the TUC and all affiliated unions against the Trade Union Bill which threatens a whole raft of workplace rights including the basic right to strike.

As well as attempting to shackle unions in transport, fire, education and health with undemocratic ballot thresholds that seek to ban the right to strike by the back door the legislation would also mean that:

  • Employers will be able for the first time to break strikes by bringing in agency workers to cover for strikers.
  • There will be massive restrictions on peaceful picketing and protests with the threat of criminalising workers and their elected representatives.
  • There are attacks on union representatives and their rights across the whole range of public sector bodies that would compromise their ability to provide effective representation.
  • There are restrictions on how unions collect and spend their money
  • There is a blatant attempt to tie unions, and their ability to operate effectively, down through a minefield of bureaucracy.

The week of action will showcase the vital work unions do – and tell the wider public why the Trade Union Bill threatens everybody who believes in basic human rights and freedom of association.

RMT General Secretary Mick Cash said:

“Last week the Tory Government confirmed that transport is one of the sectors that they will be targeting with their new wave of oppressive anti-union laws as they seek to ban strikes by the back door.

“RMT will stand alongside our colleagues in health, education and the fire service – and across the wider Trade Union movement – to fight this outrageous attack on our basic human rights. That is why RMT will be supporting the TUC Week of Action.

“It is no surprise that the Tories are resorting to the policies of General Franco to try and tighten the noose of the anti-union laws around the necks of those workers in the front line of the fight against austerity. They will have a battle on their hands. “

LUL Pay & Night Tube Survey

The results of the informal text survey are below

151 Accept

120 Reject

This will be reported back at the Reps meeting tomorrow. Many thanks for completing the survey.

113 People left comments, here they are below and we will be taking note of all of them and getting back to you with answers to some of the questions raised

Yes I think it is respectable. Could be worse could have no job.
Would prefer a shorter term offer as long term offers tie you in with no room for negotiations
Work life Balance for night workers.
Why wasn’t. The fact that outside contractors are still doing our work. And why wasn’t it added into the deal
Why should we accept less than our previous deal which was designed to butter us up for the Olympics? Considering the Olympics was a 6 week period and Night Tube is a permanent change to our work life balance we should be getting at a minimum the same deal
Why is it not rpi plus a quarter or a half and why is it not a flat 2% as 1% plus 500 means you do net get the extra 1% on overtime done and does the 500 £ go on your salary
Who decides that night tube is ‘successful ‘? They could just refuse us the extra night tube bonus regardless of whether it actually works or not? ?
We work hard we should have a pay rise for all works We work hard we should have a pay rise for all works We work hard we should have a pay rise for all works
We will have lost more money than the rise is worth at this rate. I know people taking pay cuts or not getting anything at all….
We save our powder for the bigger battles ahead.
We have been told for years that we can’t have more than the private sector now we’re told we can’t even have that.
Try to show interest in track staff and not just fleet and signals
TOO MUCH SEEMS UNRESOLVED
Too long
To low the changes they are making
To be quit honest
This is a good offer! For signals there is a commitment not to get anyone to change shifts fewer maintenance hours available whichlends itself to suggesting that they will require more staff or provide more progressive training. Then they are giving people between 1.7% and 2.4% increase to do it this year. I am really happy with that
Think it a goo offer and rmt held out well for it. Can’t imagine it being any better than that . Thanks
They have to honour the agreement
There is a budget which tfl lose in 2018/19. Will we be attacked after this deal? We usually only agree 3 years and not 4.. why?
The pay is acceptable if the issues could be separated the deal would be acceptable. The pay is acceptable if the issues could be separated the deal would be acceptable.
The night tube will fail
The amount of money in total we are losing over all the strikes will probably be more than the pay increase anyway
Sunday’s are very much a family day – I can’t see family friendly or work life balance in forcing employees to change shift patterns that they have worked for over many years
Strike … !!
Stop insisting that we strike
Should not be a one off payment   rather an increase in your pay
Should have been kept separate
Should ge guarantee Glen Harts position
Seems to cover all the issues
Seems fair
Period … !!Strike … !!
Only when people were getting pay cuts and no pay rises we did
Not really
Not everything is about the drivers. You want to do and effective strike do on a patrol night.. Nothing will move for 2 days
Not enough … !!
Not as much as would have hoped. Feel track and signals have been sold short as were majorly affected having to move Sunday to Thursday. Even if it’s voluntary it’s just delaying the innevitable and killing any overtime etc.
Not acceptable … !!
Not a fair pay at all.
No more Friday night working
No its shite
No bonus give us 2%
My shift pattern is changing to Sunday to Thursday nights so I will no longer be able to enjoy a pint with my Sunday roast. This will impact on my family and social life.
More money
More investment for training support staff.
More action
Members are of mixed opinions
It’s only just acceptable pay-wise would like to see when night tube extends to other lines what the working time plan is for night maintenance staff.
It’s not enough
It’s far too low but I keep going on strike when others go into  work so I’m piss ed off.
Ithink its an ok deal as they have had subsidies cut.
It could of been done a lot sooner
Is there anything on offer for those staff who’s rosters will be affected
In the present climate i think its the best we can do. We must stay strong for the battles over the casualisation of staff and section 15 but this time we need to accept the offer and move on.
In the current climate it secures us a pay rise over 4 years I seem to be acceptable
In regards to the back dated pay offer. We should also request a tax free sum in addition as compensation for such a lengthy delay in the pay Negotiations. (10 months to date)
If you go Sunday to Thursday will we still have a frame work agreement that is in place and are we gaurenteed of no future change in our roster
I would of loved a 4 day week deal.
I work for s and e and haven’t received much information about how night tube will affect my shift  which is permanent nights Monday to Friday
I think we should not sign up to a four year deal. 2 at the most
I think this is a good offer
I think the 1st year pay offer should be 2% for all rather than an average
I think it’s a pay CUT not a pay rise
I feel sorry for station staff there rosters are awful but shame on ASLEF for calling off the action too soon and without the other unions
I don’t believe that to go ahead with the strike when ASLEF have suspended is productive or beneficial. Suspend whilst the unions consider their response
I do not know what the pay offer is as nobody has explained anything to me.
Good offer in this current times
Good negotion – well done
Going on to long .plus we are losing money by striking .no wim position.
Except offer
Due to the state of world economys and the likelyhood of another financial crisis soon this offer is looking worth while accepting. If a crisis hits you can bet we will get nothing or considerably less.
Drivers sold us out
Don’t think track or signals are getting anything out of it
Don’t think that it’s a good enough offer and especially don’t think we should be tied into a 4 year deal
Don’t believe that the company would  improve on current offer
Disgusting
Could be better but we have to look at the bigger picture outsourcing track work
Can’t agree to a multi year deal unless it suits all members
Be sensible
Are we agreeing to night tube conditions by accepting this deal?  Will they change our conditions later?
All operations employee should get back payed due to not having a pay rise
All negotiations have been more directed for drivers with very little consideration for other divisions within LU
Accept and carry on..
Above inflation by at least 1pc on our basic wage would be acceptable to me.
£500pa for those effected
£500 bonus to change our shift for the rest of our career is not good enough. I can make that in a couple of OT shifts on a Sunday night which I will no longer be able to do.
a guaranteed 1% is not what we went on strike for in Engineering it is about the money. yes they will be coming for us in the next round of FFtF but until then it is about the money. Now we have hope that RPI will make us look respectable for the next 3 years.
4day week please
4 years is too long until we actually get a pay rise having. Raised the customer satisfaction bonus so that we can no longer meet the target the £500 night tube bonus is only money we would of normally. Received so in effect they get night tube for nothing
4 day week would’ve been nice
4 day week longer shifts
4 day week for signals teams aswell as train drivers
3% on the 1st year would have been nice in line with other industries
3% and 2% and rpi following year
3 yr deal preferred
2%like network rail this year then 1% 2nd and 3ed year.4 year deal to long.
2% minimum 2%like network rail this year then 1% 2nd and 3ed year.4 year deal to long.3 yr deal preferred3% and 2% and rpi following year 3% on the 1st year would have been nice in line with other industries 4 day week for signals teams aswell as train drivers4 day week longer shifts 4 day week would’ve been nice4 years is too long until we actually get a pay rise having. Raised the customer satisfaction bonus so that we can no longer meet the target the £500 night tube bonus is only money we would of normally. Received so in effect they get night tube for nothing4day week pleasea guaranteed 1% is not what we went on strike for in Engineering it is about the money. yes they will be coming for us in the next round of FFtF but until then it is about the money. Now we have hope that RPI will make us look respectable for the next 3 years.£500 bonus to change our shift for the rest of our career is not good enough. I can make that in a couple of OT shifts on a Sunday night which I will no longer be able to do.£500pa for those effected Above inflation by at least 1pc on our basic wage would be acceptable to me.Accept and carry on..All negotiations have been more directed for drivers with very little consideration for other divisions within LUAll operations employee should get back payed due to not having a pay riseAre we agreeing to night tube conditions by accepting this deal?  Will they change our conditions later?Be sensible Can’t agree to a multi year deal unless it suits all membersCould be better but we have to look at the bigger picture outsourcing track work DisgustingDon’t believe that the company would  improve on current offer Don’t think that it’s a good enough offer and especially don’t think we should be tied into a 4 year dealDon’t think track or signals are getting anything out of it Drivers sold us outDue to the state of world economys and the likelyhood of another financial crisis soon this offer is looking worth while accepting. If a crisis hits you can bet we will get nothing or considerably less.Except offerGoing on to long .plus we are losing money by striking .no wim position.Good negotion – well doneGood offer in this current timesI do not know what the pay offer is as nobody has explained anything to me.I don’t believe that to go ahead with the strike when ASLEF have suspended is productive or beneficial. Suspend whilst the unions consider their responseI feel sorry for station staff there rosters are awful but shame on ASLEF for calling off the action too soon and without the other unionsI think it’s a pay CUT not a pay rise I think the 1st year pay offer should be 2% for all rather than an average I think this is a good offer I think we should not sign up to a four year deal. 2 at the mostI work for s and e and haven’t received much information about how night tube will affect my shift  which is permanent nights Monday to Friday I would of loved a 4 day week deal. If you go Sunday to Thursday will we still have a frame work agreement that is in place and are we gaurenteed of no future change in our roster In regards to the back dated pay offer. We should also request a tax free sum in addition as compensation for such a lengthy delay in the pay Negotiations. (10 months to date)In the current climate it secures us a pay rise over 4 years I seem to be acceptable In the present climate i think its the best we can do. We must stay strong for the battles over the casualisation of staff and section 15 but this time we need to accept the offer and move on.Is there anything on offer for those staff who’s rosters will be affected It could of been done a lot soonerIthink its an ok deal as they have had subsidies cut. It’s far too low but I keep going on strike when others go into  work so I’m piss ed off.It’s not enoughIt’s only just acceptable pay-wise would like to see when night tube extends to other lines what the working time plan is for night maintenance staff.Members are of mixed opinions More action More investment for training support staff. More moneyMy shift pattern is changing to Sunday to Thursday nights so I will no longer be able to enjoy a pint with my Sunday roast. This will impact on my family and social life. No bonus give us 2% No its shiteNo more Friday night workingNot a fair pay at all.Not acceptable … !!Not as much as would have hoped. Feel track and signals have been sold short as were majorly affected having to move Sunday to Thursday. Even if it’s voluntary it’s just delaying the innevitable and killing any overtime etc. Not enough … !!Not everything is about the drivers. You want to do and effective strike do on a patrol night.. Nothing will move for 2 days Not reallyOnly when people were getting pay cuts and no pay rises we didPeriod … !!Strike … !!Seems fairSeems to cover all the issues Should ge guarantee Glen Harts positionShould have been kept separate Should not be a one off payment   rather an increase in your pay Stop insisting that we strike Strike … !!Sunday’s are very much a family day – I can’t see family friendly or work life balance in forcing employees to change shift patterns that they have worked for over many yearsThe amount of money in total we are losing over all the strikes will probably be more than the pay increase anyway The night tube will failThe pay is acceptable if the issues could be separated the deal would be acceptable. The pay is acceptable if the issues could be separated the deal would be acceptable. There is a budget which tfl lose in 2018/19. Will we be attacked after this deal? We usually only agree 3 years and not 4.. why?They have to honour the agreementThink it a goo offer and rmt held out well for it. Can’t imagine it being any better than that . Thanks This is a good offer! For signals there is a commitment not to get anyone to change shifts fewer maintenance hours available whichlends itself to suggesting that they will require more staff or provide more progressive training. Then they are giving people between 1.7% and 2.4% increase to do it this year. I am really happy with thatTo be quit honestTo low the changes they are making Too long TOO MUCH SEEMS UNRESOLVEDTry to show interest in track staff and not just fleet and signalsWe have been told for years that we can’t have more than the private sector now we’re told we can’t even have that. We save our powder for the bigger battles ahead.We will have lost more money than the rise is worth at this rate. I know people taking pay cuts or not getting anything at all….We work hard we should have a pay rise for all works We work hard we should have a pay rise for all works We work hard we should have a pay rise for all works Who decides that night tube is ‘successful ‘? They could just refuse us the extra night tube bonus regardless of whether it actually works or not? ?Why is it not rpi plus a quarter or a half and why is it not a flat 2% as 1% plus 500 means you do net get the extra 1% on overtime done and does the 500 £ go on your salaryWhy should we accept less than our previous deal which was designed to butter us up for the Olympics? Considering the Olympics was a 6 week period and Night Tube is a permanent change to our work life balance we should be getting at a minimum the same dealWhy wasn’t. The fact that outside contractors are still doing our work. And why wasn’t it added into the dealWork life Balance for night workers.Would prefer a shorter term offer as long term offers tie you in with no room for negotiations Yes I think it is respectable. Could be worse could have no job.

High Court orders blacklist firms to disclose further evidence

  1. High Court orders blacklist firms to disclose further evidence and issues costs of £100k against them

 

Last Friday (22 Jan), the High Court made judgements against blacklisting firms; Balfour Beatty, Carillion, Costain, Kier, Laing O’Rourke, Sir Robert McAlpine, Skanska UK and Vinci PLC ordering them to disclose further evidence from back up computer tapes of emails that despite previous court orders, they had failed to provide.

 

The 2 day hearing before Lord Justice Supperstone and Master Leslie, heard revelation after revelation about the extent of destruction of documents by the firms relating to their involvement with the Consulting Association blacklisting body. The final decision of the hearing resulted in costs being awarded against the companies to cover the full 2 day hearing, estimated to be in excess of £100,000.

 

Dinah Rose QC, representing the 600 blacklisted workers in the litigation told the court that household names such as “Sir Robert McAlpine Ltd, Balfour Beatty and Carillion had destroyed the lives of thousands of working men and women” and that their continued conduct was designed to “cover their tracks”.

 

The role of Cullum McAlpine, director of Sir Robert McAlpine Ltd (SRM) and founding Chairman of the Consulting Association blacklisting body came in for particular criticism. Despite a court order requiring full disclosure, not a single email or document to or from Cullum McAlpine, his personal assistant or from David Cochrane final chairman of TCA have been disclosed. The court was even told how in 2011 all hard copies of correspondence between Cullum McAlpine and the Consulting Association had been destroyed. Dinah Rose QC told the court that “Sir Robert McAlpine Ltd has been evasive with conduct intended to conceal the central role of Cullum McAlpine. Cullum McAlpine is a very important man, for the sake of retaining trust in the British legal system, he must not allowed to get away with a cover up.”

 

The court was also shown evidence that David Cochrane (SRM) chairman of the Consulting Association at the time of its discovery had contacted the blacklisting organisation’s cheif executive Ian Kerr instructing him to “ring everyone – destroy all the data”. It was revealed that Cochrane had told Kerr to keep Cullum McAlpine’s name out of the press and large sus of money were transferred to the bank account of Ian Kerr’s daughters in the summer of 2009.

 

Balfour Beatty were also highlighted when it was revealed that despite instructions to the contrary, the PC and laptop of Elaine Gallagher, main contact for the company with TCA had both been wiped in April 2013. Trevor Watcham from balfour baetty was chairman of the Consulting Association from 2004-5 but his entire email history was deleted in 2011 and not a single document from him has been disclosed. It was also disclosed to the court that an internal Balfour Beatty database containing the names of construction workers who had been involved in union activities had been discovered on the laptop of Gerry Harvey, director of Human Resources, still employed by the company at their Glasgow head office. The comments “not required” and “do not re-employ” appeared next to the names of the union members and the document was found after the discovery of the Consulting Association blacklist was exposed in March 2009.  Lord Justice Supperstone commented “If the firms were professional enough to cover up their actions, did they also cover up more internal databases?”

 

Edmund Nourse QC representing the McFarlanes defendants said that “no impropriety whatsoever” could be implied over the destruction of the documents, which were merely “unfortunate mistakes”.

 

Dinah Rose described the McFarlanes position on non disclosure and destruction of evidence as “bonkers” and described an expert witness statement provided by the firms as “disgraceful and intended to mislead”.

 

Dave Smith from the Blacklist Support Group commented afterwards:

“All of the platitudes and half apologies, all their crocodile tears and claims of rogue managers from the companies over the past six or seven years are clearly nonsense. Documents have been destroyed and Directors of multinational companies are hiding stuff on their laptops. It calls into question all of the promises made to Parliament and the High Court. I am not a lawyer but I would have thought that destroying evidence that would almost certainly have been used in a court case might be considered perverting the course of justice.

 

The lawyers seemed particularly keen to keep any evidence about Cullum McAlpine being disclosed –  this wretch set up and was the funding chairman of the Consulting association. He was intimately involved in its operation over many years. What could he possibly have to hide?”

 

http://www.morningstaronline.co.uk/a-bda7-Blacklisters-pay-for-deleting-evidence

http://www.unitetheunion.org/news/high-court-orders-construction-firms-to-release-blacklisting-information/

 

  1. Undercover police targeting activists

More revelations have come out this week about undercover police spying on activists in court admissions by the Met Police and press articles exposing newly discovered spycops who targeted trade unions, grieving families of murder victims, community justice campaigns, environmental activists, socialist political parties and animal rights groups. The Pitchford public inquiry into undercover policing has been set up to investigate the abuses carried out by these secret police political spying units. All of the information that has so far been discovered is due to activists, dedicated researchers and investigative journalists. The police continue to use the strategy of ‘Neither Confirm Nor Deny’ as a way of thwarting the truth. The Blacklist Support Group working alongside other core participants and the Campaign Opposing Police Surveillance (COPS) is calling for Lord Justice Pitchford to demand that the police release the cover names of all the undercover officers who have operated since 1968. Only then, will we know the full extent of the peaceful campaigns infiltrated and undemocractic practices carried out by the secret state.

http://www.morningstaronline.co.uk/a-8c5a-New-spy-cop-exposed-as-Met-lose-court-case

http://www.dailyrecord.co.uk/news/scottish-news/we-were-both-victims-mets-7217150#Gdfy4gB3auK5aZ0b.97

https://theferret.scot/secret-police-files-political-activists-scotland/

 

  1. Labour plan to ban blacklist firms from public contracts?

http://www.constructionnews.co.uk/10001779.article?WT.tsrc=email&WT.mc_id=CN_Daily-Newsletter210116&cm_ven=ExactTarget&cm_cat=CN+Daily+News+%28R%29&cm_pla=Construction+News&cm_lm=gfr15%40dial.pipex.com

 

  1. Dave Smith’s magistrates court case has been POSTPONED – and will not now be taking place this week. He has now been on police bail for nearly 12 months since his arrest for protesting about blacklisting on the Crossrail project.

 

  1. ‘Blacklisted’ book makes the Bread & Roses award longlist

Phil Chamberlain & Dave Smith issued the following statement: “WOOP WOOP”

https://breadandrosesprize.wordpress.com/2016/01/21/the-bread-and-roses-longlist-2016/

 

  1. Dates for the diary

 

1st Feb – High Court – pre-hearings continue

 

5th Feb – Trumbo – film about the Hollywood blacklist during the McCarthy era starring Brian Cranston (Breaking Bad) is released in UK cinemas. This is a great opportunity for supporters locally to write to local newspapers saying that blacklisting is not something that only happened 50-60 years ago in the USA. Its still going on today in the UK.

 

6th Feb – National construction rank & file meeting in Glasgow

Section 15: Carrot and Stick

Formal Investigation:

LUL have agreed today to hold a formal investigation into recent incidents within Section 15 Possessions. They have stated ‘Due to the recent protection irregularities and near misses that have been reported in possessions and specified areas, Jill Collis, Director of HSE, has commissioned a Formal Investigation. The investigation will undertake a holistic review of the underlying causes of all of the recent incidents and will also look at the effectiveness of our current safety management system controls to prevent a reoccurrence into these incidents’

Nice words and our reps will participate completely. Hardly what we have been demanding

Briefings Continue:Section 15 Poster

However, at the same time, Section 15 possessions are continuing and our members are being placed at risk. Incidents are occurring almost nightly, yet LUL are out every night ‘briefing’ staff and then pretending this is sufficient. These insufficient briefings hardly cover Section 15 Possessions and do very little to address the core issues surround these possessions.

LUL have a cuts agenda. They have removed possessions from PWT training and are trying to end a professional and tried and tested method of booking out with the Track Access Controllers. Replacing it instead with a rag bag process where people are badly briefed and safety is left to chance.

LUL call it holistic, we call it horrific.

Basic lack of safety

Let’s remember that these possessions have been rushed in without even the basic levels of safety and staff are left to muddle through a process that they do not understand and has no checks and balances. They do not even sign you out of a possession! Those in control are not even reported to Compliance and Licensing if there is an error. Indeed they are not safety critical roles for the most part. We warned that the introduction of dumbed down Protection Masters in PWT would lead to a watering down in safety, however, even we did not foresee the levels it would sink to or the speed at which track access has been like amateur night of the keystone cops.

They rushed the process in, they blame badly briefed and untrained staff, when the real culprits at fault for this whole charade sit in the head offices of LUL

Jubilee Lines Possessions

Even next few weeks, Possessions including Section 15 possessions are taking place on the Jubilee Line that uses TBTC signalling systems. The SSDM’s at Neasden are being put down as key contacts despite not even receiving the minimal safety briefings and ‘have no details on anything to do with this or what safety checks we need to undertake before implementing any requests in relation to this’.

This is a recipe for disaster and is, as we reiterate, the tried and tested methods need to be reinstated.

So please vote yes for safety and lets make sure its not only every journey that counts

 

 

 

 

 

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