Category: Contracting Companies

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LUL Protection Staff

Cleshars & Morsons Protection Master Report LUL Contract:

 

Over the last year, we have been carrying out an intensive recruitment drive regarding Morsons and Cleshars Protection Masters. This has included grades such as Protection Master, Possession Masters and Train Masters. These staff currently work on the London Underground contract and provide safe access to the track and implement possessions to enable London Underground staff or project work to be undertaken. These members of staff are almost entirely self employed  and are vulnerable workers. At our last mass meeting with them, we have now elected three reps and are organising training for them. We believe that our membership is nearly 100%

 

We have also approached LUL, Morsons and Cleshars and have arranged a meeting with all three companies in two weeks time, with the RMT.

 

We have a number of outstanding issues that we are working through such as:

 

  1. Regular monthly meetings to occur with Trade Union. This has been agreed and will take place monthly
  2. Treating our people with dignity and respect. Which has been agreed (at Mark Wide level) and we are working at ways to implement this. Part of this will be a dress code for members (to put an end to the need to wear full PPE at their depot meetings etc) and workshops on behaviours
  3. A clear role/ descriptions of EWS: To be discussed at our next meeting
  4. Ending culture of short notification to work that night: Agreed by the company
  5. Planning Meetings: Some meeting times are not achievable e.g Bollo lane, barking T.O and some depot possession jobs. The meeting times is 23:00hr,the briefing times for these jobs is 22:30: The client is committed to ensuring the planning meeting times are accesible and realistic.
  6. Depot Parking: LUL are endeavouring to ensure that where parking is available then Protection Staff are treated equally and allowed to park
  7. Transformation: LUL have assured us that there will be no impacts on Assessments and Investigations for our protection members. This will be explored in detail in two weeks.
  8. A fair investigation process (compliance and the framework contract): LUL have agreed to work with us on this and investigations have been much more quickly. We have also secured the reinstatement of 3 members today that will recommence work back on LUL within the next few days (in one case after 2 years).
  9. Roster for staff: A roster will be introduced to ensure fair allocation of work and overseen at our meetings (with LUL, Cleshars and Morsons).
  10. Staff Progression: Is difficult due to a downturn of work but will be discussed at our future meetings
  11. More Flexible Working:  Difficult to fully implement due to mainly engineering work, but there is a commitment to explore who this can be implemented and will be discussed at our regular meetings. for example to enable parents or carers a greater choice.
  12. Manual Handling: A project to get a cage in the car park, where heavier items will be stored permanently
  13. Health and Safety: Staff to be provided with Tea, coffee, water, cups immediately. Also, Fire wardens, first Aider (available)and defibrillator to be made available. Issue to be discussed more fully

 

We have also raised the issue of pay with all companies and believe that it is time that our members received better pay and conditions and a greater bonus for working bank holidays as per other internal staff.

 

We therefore request that:

  1. A formal pay claim is submitted to both Morsons and Cleshars
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RMT CALLS ON LONDON MAYOR TO TAKE CARILLION’S LONDON RAIL CONTRACTS INTO DIRECT TFL OWNERSHIP

RMT CALLS ON LONDON MAYOR TO TAKE CARILLION’S LONDON RAIL CONTRACTS INTO DIRECT TFL OWNERSHIP

 

RAIL UNION RMT has today called on London Mayor Sadiq Khan to take immediate measures to bring Carillion’s London rail contract work into direct public ownership through Transport for London with guaranteed protection for the workforce, their jobs, pay, conditions and their pensions.

Staff working on the Carillion contracts carry out a range of safety critical signalling, power, maintenance, cleaning and track works on Crossrail, the East London Line Extension, Heathrow Express and London Overground.

RMT General Secretary Mick Cash said:

“We have written to Sadiq Khan today urging him to step in as a matter of urgency and take the Carillion London rail operations into public ownership with jobs, pensions and the essential safety-critical work protected.

“When Metronet collapsed on London Underground immediate moves were made to maintain the functions under public ownership to ensure safety and continuity.  The Carillion situation is no different and RMT is seeking to move this forward as a matter of urgency.”

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VGC Works Controller Dispute

As part of the claim for an increase in Pay for Work Train Controllers on the Crossrail Project, working for VGC, the RMT have lodged the following case to support an uplift in salary.

 

We look forward to more detailed talks in support of our claim.

 

History

 

In our contract (see an example enclosed), the job role was clearly stated as a COSS/MC/CC. When we resumed for work we’re informed by Mick Bowles (former senior RMC) that our role will be that of a Worksite Train Controller, contrary to the role of COSS/MC/CC which VGC had informed us, and this is what we have been doing since then.

 

Additional Roles:

 

The WTC carry out far more than simple COSS duties for ATC so please see the list below:

 

  1. The role Worksite Train Controllers are currently carrying out at the ATC System wide Crossrail Project in Plumstead, is at a higher level than the role of an Engineering Supervisor (ES).
  2. We man a 24km worksite (Eastbound & Westbound Roads), setting up dozens of work areas.
  3. In these work areas, we control the movements of Engineer Trains, Road Rail Vehicles, Mewps, other types of mechanised plants & vehicles and human personnel.
  4. We field at least 2,500 radio calls per shift from personnel seeking to access our worksites to set up their individual work areas as depicted in the attached photograph as a typical example. The big  RED, YELLOW, GREEN and BLUE studs detonates TRAINS, RRVs and MEWPS, while the small white, red and black studs represent charge hands (Personnel) all working within the worksite which we have to constantly be in contact with on the system wide radio throughout our 12 hours shift.
  5. We are responsible for the safety critical role of setting up safe systems of work to all these Charge hands, who set up work areas and all work together seamlessly without incidents on a daily basis.
  6. The calls that come through are of an extremely large volume, relentless and the pressure is intense.
  7. We have also recently carried out Competent Persons training. This training is to enable us work together with Senior Authorised Persons (SAP) to set up Safe Systems of Work to facilitate the safe working of charge hands under isolated Overhead Line Equipment, once the energisation takes off and we go back to the trace.
  8. As Competent Persons, we will have the additional responsibility of accessing Low Voltage Switch Rooms and High Voltage Substation Rooms if required. We will be responsible for receiving and clearing both Low & High Voltage Permits to work.
  9. We will supervise working parties carrying out work under isolation and receive and clear Circuit State Certificates, to implement safe working practice at all times.
  10. The role of a COSS does not involve the role we have been carrying out here at ATC System wide; also for the record, the role of a MC/CC would involve  being responsible for only the machine I’m working with, at any one time.
  11. However, since all the WTCs have the competence of COSS/MC/CCs, we are expected to and have carried out severally other ad-hoc duties (in addition to our specific WTC role):
  12. These include but not limited to what we listed in our grievance letter.
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Cleshar's Patrolling Dispute Settled

Following lengthy talks, LUL and the RMT have reached an agreement that will see an end to Cleshars employed staff undertaking patrolling and the work will again revert to fully trained LUL staff.

This dispute was ensuring long term job security for our members in LUL and this has been achieved. It was also not about worker against worker and LUL have also stated that staff with T001 qualifications that apply for any future vacancies will likely be employed as has been the case already. However, we can also not allow a race to the bottom to exist that will drag all worker’s down.

The RMT’s long term aim is ALL staff working on LUL are employed by LUL to ensure decent pay and conditions. It also allows staff to fully work safely without any fear of repercussions. End the contracting companies and keep the workers

The full agreement is below.

Track Patrolling Cleshars Staff Dispute Resolution Agreement

  1. This agreement does not form part of any night tube agreement and the BCV nights track staff will be party to any further additional enhancements should they exceed those agreed in sections 6 and 7 below.
  1. Cleshars staff will not be trained or assessed for patrolling from the date of this agreement.
  1. During the period up to 31st Dec 2016 a pool of Track Operatives will be identified and trained to T001 to cover any shortfall of Skilled Ops on HGW.
  1. RMT agree for rosters to be changed to Monday to Friday for Bakerloo Line Track Nights staff and Sunday to Thursday for Victoria and Central Line track staff. The existing B&V roster will be ended. The rosters will change from no sooner than 1st week of June with the date to be agreed as soon as practicable
  1. Staff who do not wish to change to the appropriate roster for their line will be required to specify a location of their preference and volunteers sought there to swap shifts. However if no volunteers are forthcoming these staff will be required to transfer (or swap) to the nearest gang vacancy that can accommodate their existing working pattern.
  1. Existing B&V Nights track staff (i.e. those in post at 4th April 2016) who currently work a roster that attracts 7 banked rest days will retain their seven additional rest days for 2016. From Jan 2017 that will reduce to 4 days each year.

These rest days:

  • will not be contractual in the event of retirement or leaving the company
  • must be taken throughout the year and cannot be carried over
  • will be retained by these staff if promoted to other operational grades that operate the same roster pattern within B&V track nights
  • do not require the staff to work any additional rostered time over 35hrs/week to generate them

 

  1. From the implementation of the new rosters the existing B&V Track Inspectors and Section Inspection Managers (i.e. those in post at 4th April 2016) who work permanent nights will receive 2 rest days for 2016. From 2017 this will increase to 4 days each year.

 

The conditions associated with these rest days are the same as those attached to 6 a) to d) above.

 

 

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LUL Track Patrolling Dispute

Following talks with LUL and meetings with affected members, we believe we are close to achieving an acceptable solution that guarantees job security and patrolling being done by internal staff.

Further talks are scheduled for tomorrow and talks will focus on the below skeleton agreement. It must be stressed that NO AGREEMENT have been reached and our members will and are being fully involved in this process

 

(Draft) Track Patrolling Cleshars Staff Dispute Resolution Agreement

  1. This agreement does not form part of any night tube agreement and the Track staff will be party to any further additional enhancements
  1. Cleshars staff will not be trained or assessed for patrolling from the date of this agreement.
  1. During the period up to 31st Dec 2016 a pool of Track Operatives will be identified and trained to T001 to cover any shortfall of Skilled Ops on HGW to eliminate the need to use the existing licensed Cleshars staff for track patrolling.
  1. RMT agree for rosters to be changed to Monday to Friday for Bakerloo Line Track Nights staff and Sunday to Thursday for Victoria and Central Line track staff. The existing B&V roster will be ended. The rosters will change from no sooner than 1st week of June with the date to be agreed as soon as practicable
  1. Staff that do not wish to change to the appropriate roster for their line will be required to specify a location of their preference and volunteers sought there to swap shifts. However if no volunteers are forthcoming these staff will be required to transfer (or swap) to the nearest gang vacancy that can accommodate their existing working pattern.
  1. Staff will be able to apply for overtime on other lines and departments if available. A list of staff available to work and licences will be circulated to appropriate parties.
  1. Existing B&V Nights track staff (i.e. those in post at 4th April 2016) who currently work a roster that attracts 7 banked rest days will retain their seven additional rest days for 2016. From Jan 2017 that will reduce to 4 days each year.

These rest days:

  • will not be contractual in the event of retirement or leaving the company
  • must be taken throughout the year and cannot be carried over
  • will be retained by these staff if promoted to other operational grades that operate the same roster pattern within B&V track nights
  1. From the implementation of the new rosters the existing B&V Track Inspectors and Section Inspection Managers (i.e. those in post at 4th April 2016) who work permanent nights will receive 2 rest days for 2016. From 2017 this will increase to 4 days each year.

The conditions associated with these rest days are the same as those attached to 7 a) to c) above.

 

 

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DLR Strike

RMT General Secretary Mick Cash said;

“Our members on DLR are rock solid in their action this morning and I want to pay tribute to their unity and determination as they fight to defend safe operational practices and the basic principles of ‎workplace justice.

“Pickets have been out in force and it’s now time for Keolis Amey to recognise the sheer strength of feeling on the shop floor and to get round the table for meaningful talks that address the raft of serious issues at the heart of this dispute.

“The disruption caused by the shutdown of DLR this morning is entirely down to the intransigence of the KAD management and now it’s time for them to stop the posturing and start talking. “

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Colas Rail Pension Valuation

Num: NP/211/15

To: The Secretary All Branches & Regional Councils

 

Dear Colleagues,

 

COLAS RAIL SECTION OF THE RAILWAYS PENSION SCHEME – 2013 ACTUARIAL VALUATION

 

I refer to Circular NP/050/15, 25th March 2015, our representatives met with management on 11th September to discuss the Colas Rail Pension Scheme proposal. It was made clear by the RMT once again to management that the employer was mainly responsible for the large deficit in the scheme and that they had a duty to help make the fund affordable for members.

 

While management were reluctant to accept they were responsible for the shortfall they did agree that they would consider taking some of the deficit correction payments away from members of the scheme. However, it was unlikely that member contribution would be below 20%.

 

It was also suggested by the RMT that a cap on member contributions should be introduced to protect active member from seeing their contributions becoming unaffordable in the future.

 

Management agreed they would go away and consider the RMT’s proposals and respond accordingly.

 

Please find below managements amended proposal:

 

  • Member contribution to increase from 15.68% to 20.68% minus salary sacrifice savings 18.5% approximately

 

  • Employer contributions to remain at 23.52% but Colas Rail to make 12 lump sum payments of £1.7m pa

 

  • Member deficit correction contributions to be capped at a maximum of 11%

 

The General Grades Committee in consideration of this proposal on 20th October 2015 adopted the following report:

 

“We note that that following a meeting with RMT representatives’ on 11th September, management have formally proposed to cap member’s future deficit correction payments. This will result in the employer making additional lump sum payments into the fund to reduce the shortfall now and in the future.

 

While it is noted that the member contribution rate will be in the region of 18.5%, it is recognised that before the discussions with our representatives the member contribution rate was set to increase from 15.68% to 35.8%.

 

These proposals can be found on file with the enhanced Defined Contribution scheme management have also proposed in the event members are unable to afford the contribution rate mentioned above. It is noted that the employer is also offering financial advice for members.

 

In light of the progress our representatives have made we instruct the General Secretary to inform management of our acceptance of their revised proposals.

 

Branches and Regional Councils to be informed.”

 

I will keep you informed of any developments.

 

Yours sincerely,

 

 

Mick Cash

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DECEMBER 2014 COLLAPSE OF CITY LINK –

DECEMBER 2014 COLLAPSE OF CITY LINK –

PROSECUTION OF THREE DIRECTORS FOR FAILING TO CONSULT

 

In November, three directors of logistics firm City Link (including the CEO and finance director) are before the courts over their failure to consult with workers. If convicted, they face fines and the prospect of being struck off from working as directors elsewhere.

 

The prosecution is taking place partly as a result of tireless campaigning and forensic investigation by RMT and our Parliamentary Group – keeping the issue in the media and unearthing information about what directors knew and decided when.

 

That the company could not be rescued, was not helped by the directors failing to be more open about their plans earlier. We now know, that although staff were not notified until Christmas 2014 of the impending closure of City Link, as early as 9 October, directors were considering radical restructure – including closing down the company.

 

Under TULR(C)A 1992 an employer must consult about its “proposals” – this being something less than a decision – and must consult while its plans are still at a formative stage. Despite representatives of the company receiving legal advice on the need to consult, the company chose not to. It is for the courts to assess the directors’ role in that failure.

 

Although the conduct of some of the directors finally being scrutinised by the courts is welcome, the potential fines that they face (capped at £5,000 each) are paltry. This is specially so as the CEO was paid over £600,000 – in the year to 29 December 2013 alone.

 

It’s inexcusable that individual workers labelled as self-employed (maybe bogusly) will likely recover less than 2% of sums due. And it’s inexcusable that the state has had to pay out around £4 million (via the National Insurance Fund) to workers the company short-changed.

 

We will continue to campaign for justice for our members and for the law to be tightened.

 

Yours sincerely,

 

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MJ Quinns Update

MJ Quinns have agreed to meet the RMT on the 19th August in what can only be seen as a positive development.

At this time we cannot recommend electing your own reps and therefore we continue to nominate the RMT to represent you. To do this just enter the details for Paul Jackson onto your nomination form and return to MJ Quinns.

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MJ Quinns threaten to dismiss and reengage

MJ Quinns have escalated the issue of how fuel costs are claimed back by employees and the removal of fuel cards by now threatening to dismiss and re-engage staff on new contracts in a growing dispute over removal of fuel cards and changing the process by which people can claim fuel costs. Instead of claiming back fuel costs or using Fuel Cards, MJ Quinns are proposing that they pay fuel costs at the Inland Revenue Business Rate of 14p a mile for defined routes to workplaces. This could ignore road diversions etc and we believe may seriously impact our members and leave them paying for the fuel they use driving on MJ Quinns jobs.

Following previous advice to reject the proposals and ask a series of questions on how the MJ Quinns proposal will work, the company have now taken the serious step to threaten to dismiss the workforce and re-employ them on new contracts. They are also looking for staff representatives to ‘discuss’ these proposals and will not negotiate with the RMT.

To that end we are advising our members to insist that the RMT are allowed to represent them and we are looking to start the formal recognition process with immediate effect

We have also advised that we will seek a legal opinion if necessary as to whether this would amount to Unfair Dismissal if members refused to accept the varied new employment contracts.

For more details on contracts check

http://www.acas.org.uk/media/pdf/8/6/Varying-a-contract-of-employment-accessible-version.pdf

 

 

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