Category: LUL

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Special Company Council, Tube Lines TUPE

Special Company Council, Tube Lines TUPE Consultation,

Thursday 26TH October 2017,

 

Commencing at 10.00 ER Meeting Room, 7th Floor, Palestra

Present

 

Martin Coppen, Head of AP JNP

David Swygart, ER TfL

Jackie May, HR TLL

John Leach, RMT

Russ Clark, RMT

Bill Teale, RMT

Paul O’Brien, RMT

Kelly Berry, RMT

Kyle Dempsey, RMT

Mark Langridge, RMT

Gary Clements, RMT

Terry Wilkinson, FTO, ASLEF

Stephen Wakefield ASLEF

Hugh Roberts, FTO UNITE

Dave Morgan, UNITE

Patricia O’Donoghue, UNITE

Bernie Horsley, UNITE

Maggie Hayes, TSSA Observer

Gene Walton TSSA

Madelene Bellingham, HR TFL

 

Apologies for absence:

Brian Whitehead RMT

Ben Stevenson, Organiser TSSA

 

 

Commenced: 10:02am

 

  1. Welcome and Introductions
  2. Minutes from previous meeting.
  3. Issues Log

Issue log worked through and responses clarified and closed unless marked otherwise.

 

Ref No.10 Can early sight be provided

 

Consultation on the proposal is likely to begin on 7 November 2017.

 

  • Staff briefings for will begin on Tuesday 7 November
  • There is a large number of people who could potentially be in scope – operational roles are not in scope
  • Areas carrying out reviews:

 

LU Establishment Planning

LU Renewals and Enhancements

LU Senior Manager Admin

LU Skills Development

LU Network Operations Admin

LU Asset Operations

 

  • Other Areas listed

 

TFL Major Projects Directorate

TFL Engineering

TFL HSE

 

  • Trade union representatives covered by the relevant forums for consultation will be invited to these briefings.

 

RMT wanted it made clear that they intend to resist this change and that the same is being said at the equivalent LU meeting.

 

Ref No. 45 Have any contracts been issued between 16 and 29 October

 

Zero contracts issued.

 

Ref No. 46 PPE Manager role

 

The role has been withdrawn as it is one position that is impacted by transformation.  Going forward the post may not exist.

 

RMT we don’t except this we think management should have continued with due process.

 

DS advised that a closed consultation letter will have the revised headcount at the time of transfer.

 

Ref No. 47 Will first aider payments apply retrospectively to the value of TLL

 

LU have advised the LU payment is £200.  RMT wanted to know whether those coming up for payment in November would be receiving the TLL rate at £250?  Confirmation given that it will be at the LU rate of £200.

 

RMT advised they intend to come back on this item as they were not happy.

 

RMT wanted to know about TRACS award for being safe?  Response given that anything due by 29/10/17 will be paid, at present we have only been made aware of Track and Vents.

 

  1. Additional questions/Feedback:

RMT wanted to know for clarity, the TLES vacancies gets advertised and they are offered a job would they get LU T’s and C’s what SPC rate would they be paid?  The advice is if they were transferred then the TLL rate would apply.  If they apply for a position then they would receive a LU contract and the LU SPC rate.

UNITE asked with LU contracts would the come under the LU attendance at work policy?  JM advised yes and as their service is continuous.

RMT wanted to know what was the limitation of transfer e.g. ATM’s HDP in Engineering?  MC advised if they transfer then they retain the TLL T’s and C’s.  If they were to apply for the position then they would be issued with an LU contract with LU T’s and C’s.  TFL MPD are going through their own transformation.

JM advised recruitment campaigns going forward will be managed by TFL recruitment consultants.  We have a meeting in the diary for next week to discuss Transplant.

DS advised if the roles in TLL don’t exist in LU then they will be paid at the TLL salary with LU T’s and C’s.

RMT wanted to know what was happening with Transplant?  MC advised they would eventually transfer to Renewals and Enhancement, currently led by Lincoln Ofakansi

RMT wanted to know if Transplant would still be part of the TLL machinery?  MC advised yes.

  1. Communications to date

– Everyone is due to receive a welcome letter over the coming days.

– There is a meeting in the diary for next Tuesday to close out any issues that may come up post transfer.

– A conference call is due to take place next Thursday.

 

RMT requested time off for their local representatives to allow for them to feedback.  This was agreed.

 

Unions advised to expect a letter in the coming days confirming transfer to take place on 29 Oct.

 

  1. Next meeting

10am Tuesday 31st October 2017, (ER Meeting Room) 7th Floor Waterloo Meeting Room, 7G4, Palestra, 197 Blackfriars Road, Southwark London SE1 8NJ.

End: 10:30am

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TUBE CHAOS ON PICCADILLY LINE

TUBE CHAOS ON PICCADILLY LINE DUE TO CUTS TO TRACKSIDE MANAGEMENT AND FLOGGING OFF SPECIALIST LATHE

 

TUBE UNION RMT today demanded that London Underground halt and reverse maintenance cuts and key asset sales after if emerged that reductions in vegetation management and the flogging off of a key piece of kit were major factors in the “wheel flats” fleet crisis that has dogged services on the Piccadilly Line for a number of years. RMT is warning that the next round of cuts being lined up to the TFL budget could unleash similar travel chaos but on an even wider scale.

A London Travel Watch Report into leaves on the line and the subsequent impact on braking systems shows that cuts have been a major factor in the Piccadilly Line fleet issues:

“The change in the vegetation maintenance regime from 2014 onwards is the obvious reason for this. However, it is surprising that unlike other ‘open air’ sections of London Underground railway (and Network Rail) that there was no Rail Adhesion Track activity on this route, given the volume of passengers using it and its strategic importance to London.

 

It also reveals that the flogging off of a key piece of kit to a private train operator has also had a significant impact:

 

“The consultants’ report also does not mention the sale of one of London Underground’s wheel lathes in 2015 to Abellio Greater Anglia to help them deal with a similar problem on their rural diesel multiple units. This effectively impaired London Underground’s ability to repair any damage being done to its own fleet and therefore more of their trains were unavailable for use.”

 

Strong and co-ordinated campaigning by RMT depot and driver members has forced London Underground to begin addressing the Piccadilly Line issues but the union is warning that the aging fleet, combined with future cuts that the union knows are in the pipeline, could tip the service back into crisis at any time.

 

Open air sections of London Underground need to be kept clear and clean, especially of leaves during the Autumn. Otherwise moisture and organic material make the tracks slippery, triggering automatic braking mechanisms on some older rolling stock such as on the Piccadilly Line trains. Excessive braking causes the wheels to lose their shape and become flattened. Those wheels then need to be lathed back into shape impacting on fleet availability, capacity and passengers’ journeys.

 

RMT is appalled that at the same time as this problem was being raised by the union London Underground was selling off a wheel lathe to the private company Abellio Greater Anglia which needed the kit to address exactly the same wheel flats problem, compounding the crisis on the tube.

 

Mick Cash, General Secretary of the RMT transport union, said:

 

“RMT has been warning for years that short term, politically-motivated budget cuts have long term implications for reliability and safety.  The Travel Watch examination of the Piccadilly Line crisis proves that we were right. What tube bosses were doing selling off key bits of kit to private rail companies like Arthur Daley in some back-street lock up at the very height of this crisis is beyond me.

 

“With billions of pounds worth of more cuts barrelling their way down the system, Londoners can expect more cancelled and delayed services if we don’t stand together in a united campaign to roll back the Government-sponsored assault on tube budgets.

 

“I want to pay tribute to RMT members across the Piccadilly Line who have stood strong against the cuts and who have been threatened and intimidated in the past for making that stand. That culture of trying to shut down the whistle blowers has no part on a modern and safe railway. RMT’s campaign against the tube cuts goes on.”

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RMT Circular 28th September 2017  

28th September 2017                                                                  Circular No: IR/431/17

 

Dear Colleagues,

 

PROPOSED TUPE TRANSFER OF AP JNP (TUBE LINES) TO LONDON UNDERGROUND LTD (formerly Termination of Amey Maintenance Contract – Tube Lines AP JNP) (LUL/15/10)

 

Further to my previous Circular (IR/237/16, 12th August 2016), I advised of Tube Lines AP JNP intention not to extend the contract with Amey for the management of maintenance activities across the Jubilee, Northern and Piccadilly lines from the end of 2017.

 

Correspondence has now been received from the Company confirming that the Amey contract will end on 31st December 2017 and all AP JNP activity will transfer to London Underground. As a result, all affected members will TUPE transfer from AP JNP to LUL and consultation meetings are due to start shortly.

 

This matter has been considered by the National Executive Committee which has taken the decision to arrange a meeting of all infrastructure, maintenance and engineering reps from LU BCV, SSL and JNP AP with the Senior Assistant General Secretary, Lead Officer and NEC members. I am currently making preparations for this meeting to take place and will keep Branches advised of all further developments.

 

TFL TRANSFORMATION (TFL/15/4)

 

Further to my previous Circular (IR/337/16, 10th November 2016), I advised that TfL was undertaking a ‘root and branch’ review of the business and the joint trade unions recently attended a Director’s Level Meeting where TfL advised the Transformation Programme is about to enter its third phase. A presentation was given at this meeting to advise of the total transformation savings target of £5.8bn – made up from £5.2bn Business Savings and 0.6bn Operating Model Savings. The Trade Unions were also informed that they would each be receiving an official notification of proposed job cuts related to this review.

 

This matter has been considered by the National Executive Committee, which is alarmed at the programme of job and financial cuts TfL is soon to be embarking on which would affect both our hardworking members and the service to the travelling public. The NEC then referred this matter into the Southern Sub-Committee for examination and repot. I will keep Branches advised of any further developments.

 

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9th August LUL Circular

FIXED TERM CONTRACTS, WORKSHOP STAFF, PICCADILLY LINE – TUBE LINES (LUL/13/2)

 

Further to my previous Circular (IR/325/17, 27th July 2017), the discussions with our Reps regarding rostering during the 3 month leaf fall period have concluded with an agreement covering the next 2 years to allow extra lifting work due to the leaf fall season for 2017 and 2018.

 

This matter has been considered by the National Executive Committee, which has congratulated all Piccadilly Line AP Fleet members and reps on waging a most spirited and effective dispute leading to success in resisting the implementation of a two tier workforce via the introduction of 35 new members of staff on two year fixed term contracts. Every aspect of our joint strategy has been achieved including no use of agency staff, any redeployment being temporary and solely within the Tube Lines/LUL family, no onerous rosters and ultimately, the 35 new starters now on fully employed contracts.

 

The Company has been advised accordingly and the Union will of course continue to monitor the implementation of the recent agreements.

 

TUPE TRANSFER OF LONDON UNDERGROUND CLEANING CONTRACT TO ABM (LUL/15/10)

 

I write to advise you that London Underground has awarded its cleaning contract to a company called ABM. This new company will manage all cleaning across London Underground and approximately 3000 staff will be TUPE transferring across to the new employer.  We have been informed that Interserve and Vinci staff will transfer over on 17th September 2017 and ISS (JNP) staff will transfer on 31st December 2017. RMT is involved in discussions with ABM over the transfer and I will keep Branches informed of developments.

 

Yours sincerely

Mick Cash

General Secretary

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RMT warns of Night Tube crisis on the Piccadilly Line

RMT warns of Night Tube crisis on the Piccadilly Line

 

TUBE UNION RMT warned today that the Night Tube on the Piccadilly line is in crisis with a serious lack of trained train operators available to run the service.

 

RMT has been informed that the amount of drivers available to run the Mayor’s flagship Night Tube service on the Piccadilly Line is now so low  that last weekend saw only 7 trains running instead of the normal 22 – a near reduction of 70%. The union understands that the situation could continue until Christmas.

 

The impact on the service has meant waits of up to an hour for a train for customers, serious safety concerns for drivers, and serious issues for stations staff facing angry customers – many intoxicated – waiting on platforms in the middle of night.

 

This lack of drivers is not down to sickness or industrial action but operator LUL’s lack of planning in getting enough drivers trained in time – something  RMT has repeatedly warned management about.

 

The issue has been further exasperated by management’s reluctance to fully take on board a number of  legitimate concerns raised by RMT Health and Safety reps.

 

RMT General Secretary Mick Cash said:

 

“Tube bosses need to send out a clear signal that they are addressing the driver shortage issues which have reduced the Night Tube on the Piccadilly Line to chaos.

 

“London Underground also need to urgently address the major safety and customer service issues arising from the Piccadilly Line Night Tube crisis that they have created.

 

“ Instead of dismissing some of the key points raised by our safety reps , LUL needs to listen to the concerns of its workers and implement  an urgent solution so that Night Tube trains and stations are staffed and run safely and customers get the service they were promised.”

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PPP Code of Best Practice

During the TUPE talks for certain staff from LUL to be transferred into TfL, LUL continually stated that the PPP Code of Best Practice was non-contractual.

 

Your union was able to obtain information that clearly showed that that was not the true position and not only that, but, that the LUL negotiating team was fully aware that this was the case.

 

Email evidence was given over to LUL that stated that the companies legal advice had been that the PPP Code of Best Practice was indeed a contractual right.

 

So why would they lie to us?

 

The Code itself contains many safeguards that need to be abided by during any transfers. LUL have not done this. Furthermore, it also contains a clause called Annex H that is more familiarly known as the ‘Jobs for Life Deal’. This agreement means that a person must be offered a suitable job and therefore cannot be made compulsory redundant. Even today, LUL still maintain that this is a purely aspirational principle and not contractual, which is as sad as it is funny as that section of the document contains the phrase, this is contractually binding!!!

 

The RMT has demanded to know why the company has mislead its staff during these talks and want writing explanations as to how they intend to correct this matter.

 

 

Click here for the PPP Code of Best Practice

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TRANSFER FROM LONDON UNDERGROUND LIMITED (LUL) TO TRANSPORT FOR LONDON (TfL) MINUTES

TRANSFER OF ENGINEERING, MAJOR PROJECTS, PMO AND CHANGE DELIVERY ACTIVITY FROM LONDON UNDERGROUND LIMITED (LUL) TO TRANSPORT FOR LONDON (TfL) 

Talks in this area have taken place over the last few months and the RMT remains opposed to this transfer and does not believe that we have ended consultation or have we reached a satisfactory conclusion to all of the issues that we have been raising despite the TUPE being imposed.

All the way through these talks the RMT argued for the need for full consultation and that we believed LUL was rushing this transfer through for Political reasons and to enable massive changes to occur straight after the transfer.

We also argued for guarantees of the below:

  1. That TfL would honour the fourth year of the LU Pay Deal.
  2. That current pension arrangements would transfer.
  3. That collective bargaining arrangements were agreed and continue, noting that there is no H&S machinery in TfL.
  4. That there is an EqIA to measure the impact on equality.

Eventually LUL had to admit that legally they had no option but to honour the fourth year of the Pay Deal which we welcomed.

However, item 2 was never about the pension rules because we understood that they remained the same, the argument was always about the pension promise that everyone received within their yearly statement. The argument surrounded the yearly increase in pensionable salary that we believed that the transfer to TfL would interfere with. The RMT have never accepted the TfL Pay for Performance formula that we believe disadvantages people in this transfer by placing them into pay bands where they will receive non-pensionable payments rather than increases in their actual pensionable salaries. We believe that this forms part of the real reason for the TUPE and is part of the government cuts agenda.

Item 3, was about not only maintaining the current negotiating structures but also about making sure that LUL & TfL understood with collective agreements applied and continued. There are a raft of decisions and agreements that the company would dearly like to get rid of and that the RMT have gone on record to highlight each and every main agreement so that there can be no hiding in the future behind the banner of ignorance when we look to enforce our members rights in all possible ways, including legal and industrial. In terms of Safety, it has to be said that there was not one single Health and Safety Meeting to discuss the implications of what can only be seen as a huge change that could have catastrophic implications for the future. The truth is that the drive to force the change through was far more important than discussing and showing that the TUPE is safe.

Item 4 is key, after months of arguing, LUL finally accepted that there was a need to carry out an Equality Impact Assessment and the RMT was appalled but not surprised to show that women and people from ethnic minorities were the most affected. The assessment showed that there is a huge amount of work to be done in TfL and LUL regarding Equality and Diversity and that this was not designed to be change for the better.

 

(17) MATS MANAGERS Functional Council Minutes 01 June 17

 

(17) MATS MANAGERS Functional Council Minutes 15 June 17

 

(17) MATS MANAGERS Functional Council Minutes 22 June 17

 

(17) MATS MANAGERS Functional Council Minutes 26 May 17

 

FINAL Joint Functional Council notes 05.05.2017

 

FINAL Joint Functional Council notes 09.06.2017

 

FINAL Joint Functional Council notes 23.03.2017

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