In tribute to the late Bob Crow. Thinking of his family on the anniversary of his sad death
Category: RMT
LUL Night Tube
General Secretary Mick Cash said.
“This announcement has been dropped on London by the Mayor as a blatant pre election stunt without a shred of consultation with the union. That is a ridiculous way to conduct important negotiations and to unveil major service developments.
“RMT is not opposed to extended running but there are massive issues on staffing, safety and maintenance which have not been addressed and which would need to be signed off by our reps.
“This announcement has been made against the backdrop of a near doubling in assaults on staff, cuts to over a thousand jobs and the axing of guards on London Overground. Night running would mean increased drunkenness and risks to both passengers and staff alike and could only work with substantial increases in staffing right across the board and that means an immediate reversal of the current cuts programme . ”
Campaign for Trade Union Freedom
CTUF Regional Tour on Labour Law and Trade Union Freedoms under Attack
First Stop…. LIVERPOOL
Defeating the Politics of Austerity and attacks on Trade Union Rights organised and supported by IER, CLASS, CTUF, People’s Assembly, Morning Star
25th March 2015
6pm – 8pm, Free Rally
Adelphi Hotel
Liverpool
Speakers include Lynn Collins (NWTUC), John Hendy QC (IER/CTUF), Carolyn Jones (IER), Len McCluskey (UNITE), Tim Roach (CLASS), Matt Wrack (FBU),
plus a short You Tube Clip of John Hendy and Keith Ewing on the role of collective bargaining in ending austerity’s inequality,
which can be found here http://www.ier.org.uk/news/new-you-tube-clip-ewing-hendy
SCOTLAND
Defeating the Politics of Austerity and attacks on Trade Union Rights, organised and supported by People’s Assembly, Morning Star, Scottish Left Review, CTUF, IER, UNITE Scotland, RMT
OTLAND
STUC 118th Annual Congress
20th–22nd April 2015
Congress Fringe Meeting 2015
Tuesday 21st April, 12.30pm – 2pm
Ayr Race Course, Venue: Red Rum Roomf
e thics of Austerity /acks on our Trade Union Rights
Speakers: Mark Serwotka – General Secretary, PCS/CTUF Lilian Macer – Convenor, UNISON (Scotland)Rozanne Foyer – Regional Organiser, Unite (Scotland) Ben Chacko – Editor, Morning Star Chair: Phil McGarry (RMT) – Chair, People’s Assembly
* MORE REGIONAL MEETINGS TO FOLLOW………
SUPPORT THE RIGHT TO STRIKE
18 February 2015 was Global Day of Action for the Right to Strike – a right which is not enshrined in UK law.
The European Committee of Social Rights has stated that the UK is not in conformity with the Articles of the European Social Charter 1961 (which it has ratified) to a very significant extent in relation to the right to organise, the right to bargain collectively, the right to just conditions of work and the right to fair pay, amongst others.
Furthermore, the UK was the first country to ratify the International Labour Organisation Convention 87 but remains in breach in relation to the absence of the right to strike.
Virtually every country in the world recognises that workers have the right to take strike action. Unlike the UK, some 90 countries have it enshrined in their national constitution
Since June 2012, employers have been challenging the existence of an international right to strike and the authority of the United Nations International Labour Organisation (ILO) and its supervisory mechanism. The increasing use of ILO jurisprudence at national and regional level, as well as in codes of conduct on business and human rights, shows the relevance and importance of ILO standards and the need for an effective ILO supervisory mechanism. This crisis is also intended to prevent national and regional courts from deriving a right to strike from international law.
In March 2015, the ILO Governing Body has to take a decision on the resolution of this conflict that has had a chilling effect on the ILO supervisory mechanism since 2012. If no agreement can be reached, workers demand a referral to the International Court of Justice for an advisory opinion on the matter, as foreseen in the ILO Constitution. Many governments support the demand of the labour movement to respect the ILO Constitution and to bring the case before the ICJ. But some are procrastinating. These governments and all groups of employers have to held accountable for their disrespect of international law and the crucial role of the ILO.
Not only is the right to strike under attack at an international level, but the UK faces a further threat from Tory plans to further restrict the ability of UK workers to go on strike.
Latest LT Region Circular
OFFICIAL CIRCULAR
TO ALL BRANCHES AND REPRESENTATIVES
ALL UNDERGROUND AND FORMER LT EMPLOYERS
29th January 2015 Circular No IR/034/15
Dear Colleagues,
DISPUTE WITH KEOLIS/AMEY DOCKLANDS (K.A.D.) (DLR/15/10)
Following my previous Circular (IR/022/15, 21st January 2015), further talks took place with the Company and assurances over the issues in the dispute were received. The General Grades Committee considered this matter and took the decision that, as all our demands have been met, the dispute is resolved and the strike action which was due to commence from Wednesday 28th January was called off.
One of the main issues leading to this dispute was the outsourcing/secondment of members to MJ Quinns without their consent or agreement. All these members will now be brought back ‘in-house’ and managed directly by Keolis/Amey Docklands. The arrangement for secondments to MJ Quinns will be ended and the Company aims to complete this process by 1st April. All activities will be ‘in-house’ and there are also no plans to outsource any other additional operational activities in the future.
All policies and procedures, including Maternity & Paternity leave, will remain the same as were in place under Serco. These policies and procedures may be reviewed in the future but this will be done through proper consultation with RMT Reps along with a commitment from both sides to reach agreement.
The Company HSQE Director will meet our RMT Health & Safety Reps to agree a meeting structure going forward. This will ensure members get the support they need and will provide a regular opportunity for our Reps to raise any concerns and receive and give feedback on health and safety issues.
This success is a testimony to all DLR members, with the magnificent ballot result and the subsequent threat of strike action leading to the resolution of this dispute. This victory is a great example of what a strong, unified RMT membership can achieve.
DISMISSAL – A. MCGUIGAN – TRAIN OPERATOR – MORDEN, LONDON UNDERGROUND (LUL/4/1)
Further to my previous Circular (IR/08/15, 12th January 2015), the ballot papers for all London Underground Train Operator and Instructor Operator members were posted out on Monday 26th January and the closing date for this ballot is Tuesday 10th February 2015. If any member has not received their ballot paper, please ask them to call the Freephone Helpline number on 0800 376 3706 as soon as possible so a replacement can be sent.
I urge all members to ‘VOTE YES FOR STRIKE ACTION’ to send the strongest message to the Company that we will not tolerate this blatant and clear cut case of victimisation against an RMT member with 29 years’ unblemished service on the job and are prepared to stand together and fight for justice for Brother McGuigan. As well as demanding the immediate reinstatement of our unfairly dismissed member, we must make sure that all other members are protected from suffering similar treatment in the future. Any decision which brings a life-long career to its end must be made with proper consideration of all factors, including any mitigation as provided in this case.
As always, RMT remains available for discussions to resolve any industrial dispute but in this case, talks at ACAS broke down due to the complete failure of the management side to engage with Union Officials. Our offer to call off the previous strike action by members at Morden Traincrew Depot in return for a commitment that the company would honour any employment tribunal decision to reinstate Alex McGuigan was also rejected.
I will of course keep you advised of all further developments.
DEDUCTIONS FROM WAGES FOR TAKING INDUSTRIAL ACTION SHORT OF A STRIKE – TFL (TFL/9/16)
Following a report received from the Lead Officer, the General Grades Committee took the decision to seek advice on whether the decision by TfL to make deductions from members’ wages for taking industrial action short of a strike is legal. In this case, the Company stated that employers are entitled to deduct pay from employees who are participating in lawful strike action. The same is also true where employees are taking part in lawful industrial action which leads to part performance of their contract. In these circumstances, employers may deduct a proportion of the employee’s salary.
The legal advice has now been received advising that where the action short of a strike involves a breach of contract, employers have a choice on whether to make deductions from pay and the level of any such deductions, up to 100% where the employer confirms that partial performance is not acceptable but employees work anyway. The employer must make it clear that partial performance is not acceptable and act consistently in the deductions they make.
The General Grades Committee has considered this advice and instructed me to inform Branches of the advice so that they can decide what further action to take and for them to report back their views. Please forward any views and comments to Louise Marshall, Industrial Relations at l.marshall@rmt.org.uk. I look forward to hearing from you.
Yours sincerely
Mick Cash
General Secretary
Vote Mick Lynch for AGS
Voting papers are out soon in the RMT election for Assistant General Secretary. It is important that members vote whatever candidate they choose
However your branch has nominated Mick Lynch and would urge you to vote for him
For more information click the link below
Dumping of sewage on tracks
Rail workers’ protest in Glasgow over dumping of sewage on tracks
Rail workers protesting over the continuing scandal of the dumping of sewage on the tracks will be out leafleting at Glasgow Central and Glasgow Queen Street Stations on Tuesday 3rd February from 08.00 until 09.00
The action is part of RMT’s ongoing campaign to bring forward the date when the filthy and disgusting practice will be stopped on the Scotrail franchise from December 2017 to the union target date of April 2016 – one full year after Abellio take over the franchise.
At a meeting earlier this month a Network Rail Director told union reps that the risk to staff is low with a limited amount of harmful bacteria within this human waste – a dangerously complacent attitude that the union disputes. On further questioning management confirmed the last analysis they carried out on human waste was in 2004- over a decade ago.
Network Rail also confirmed they would not offer staff any jabs to protect against any potential illnesses or disease, for example hepatitis.
RMT General Secretary Mick Cash said;
“RMT activists will be on the entrances at both Glasgow Central and Queen Street on tuesday morning leafleting the public to raise awareness that this filthy and disgusting practice continues in 2015 with little or no regard for the health, safety and wellbeing of rail workers
RMT is determined to force rail bosses to bring forward the date when this scandal is brought to an end once and for all. ”
Trade Union Freedom
Dear Colleagues,
Trade Union Freedom
As you may be aware Transport Secretary, Patrick McLoughlin, proposed anti-trade union legislation, which he claims will be included in the Tory election manifesto, in an article in the Telegraph on 9th January.
The proposals include:
- a minimum of 40% of all eligible voters casting their ballot will be necessary to take industrial action across so-called essential services.
- ending the ban on companies using agency staff to scab on industrial action
- putting an end to rolling mandates
- conduct a review into minimum service levels
RMT will be doing all in its power to fight these proposals including working with other unions and the Campaign for Trade Union Freedom.
One action you can take today is to petition the ILO to defend the right to strike by following this link: http://www.itfglobal.org/en/campaigns-solidarity/campaigns/defend-the-right-to-strike/
Yours sincerely,
ACAS EARLY CONCILIATION SCHEME UPDATE
Branches, Regional Councils & Regional Offices; Regional Officers
Dear Colleague,
ACAS EARLY CONCILIATION SCHEME UPDATE
Further to previous Circulars. In particular NP/038/14 AND NP/053/14 and the Conciliation Booklet prepared by our Legal Team with an Introduction from me I wish to draw your attention to the following changes.
Members who wish to submit an Employment Tribunal claim cannot do so unless they have notified ACAS of their potential claim and have sought Early Conciliation of the claim. They must do so before they can submit an ET1. They must get a Certificate of Conciliation from ACAS stating that they have tried to settle their case before they can submit an ET1.
Members must complete and submit an Early Conciliation Form (ECF) online. Please note this is separate form from an L2 (Union form requesting Legal Assistance) and an ET1 (Tribunal Application Form). The best way to register with ACAS is on line at: https://ec.acas.org.uk
Members who don’t have access to a computer may telephone ACAS to initiate conciliation on: 0300 123 1100.
When registering on line or by phone the member will be given a unique reference number e.g. R002979/15. If member does not have a reference then the case has in all likely hood not been registered.
Members do not need a certificate to proceed to a Tribunal from the ACAS Early Conciliation scheme in the following certain specified cases only:
- Some multiple claims where another member has already got a certificate and the issues are the same. Note well the facts must be identical; if different then a claim must be registered.
- Where the member is dismissed and is seeking interim relief.
- Where the employer has requested the conciliation.
- Cases relating to National Security.
It is essential that when completing a form or supplying information to ACAS the member uses the name and address of the employer that will eventually appear on the ET1, otherwise the claim could be rejected on the basis that the information provided is incorrect.
It is important that the Union meets the challenges that this system imposes and uses it to the benefit of our members. Therefore all Branches, Union Officers and Representatives must be vigilant and spot cases at the earliest possible opportunity. Early involvement of the Legal Department is vital if the Union is to avoid any complications.
You must refer the member as soon as practicable to your Regional Office after the member is dismissed and after the event complained of so that an L2 can be completed and sent to our legal team with the supporting paperwork. DO NOT WAIT UNTIL THE OUTCOME OF AN APPEAL before seeking Legal Advice.
Upon contact with the Regional Office the member will be provided with the L2 and associated forms, these will be sent to the Legal Department once signed off by the Regional Officer and he/she will be advised to contact ACAS by our Legal Team except in the case where the original time limit is close (within the week); in which case the Regional Staff will advise the member to do so to ensure that their claim is not out of time. It is easier to use online facilities wherever possible as there is then proof that ACAS have been contacted.
The Legal Department or Regional Office will supply the member with the details of the Union Officer who will be conciliating with ACAS on their behalf. If the member does not wish the Union to do so then they must do this themselves. The member will be required to give written authority for our Regional Officer to handle the conciliation. Please ensure that only a Regional Officer or person approved by our Legal Team is given to represent the member with ACAS. No other representative has authority to represent our member at ACAS unless approved. Unauthorised representatives should decline to act and if asked to represent must refer the member to the Regional Officer.
In response to feedback from users, ACAS have made some important revisions to the ACAS early notification form, both online and hard copy versions. These changes will make the process of notifying Acas faster and simpler.
They are:
- The employer address lookup facility has been removed as it was proving difficult for claimants to give the correct legal identity of their employer. So claimants now have to manually input the correct address. This must be accurate and tally with the address given on the ET1 form.
- Have introduced a field so the claimant can include contact details of their representative.the member has included representative details on the form, they will contact the Union directly without speaking to the member first. So it is important that if member asks you who should be put down only an authorised RO (see below) or one of our Legal Team can be submitted.
The changes to the form have now gone live, and ACA will be posting regular updates on Twitter at @acasorguk (using the hashtag #earlyconciliation).
Initially when early conciliation was introduced The Union considered that the best way forward during this initial period was to have a specified team of Relief Officers who would be the Unions Conciliation Officers. Having reviewed the matter with our Regional Officers it has been agreed that with immediate effect our Regional Officers (set out below) will be responsible for conciliation with ACAS in liaison with our Legal Team.
No other officer or rep is permitted to do this on the Unions behalf without authorisation from me.
The Conciliation Officers are
Wessex; South West and South Wales: Mick Tosh; Brendan Kelly; Phil Bialyk.
London Transport; London Anglia & South Eastern: Brian Whitehead; Steve Smart; John Leach; Paul Cox.
Midlands; Yorkshire & N.East: Ken Usher; Dave Collinson; Micky Thompson.
Manchester; N.West; Liverpool & Scotland: John Tilley, Daren Ireland; Gordon Martin
It is always best to consult our Legal Team before contacting ACAS so that the Officers can ensure that the relevant and accurate information is given to ACAS so as to avoid future problems with an Employment Tribunal. Please note that the details of any ET1 form must match the details given to ACAS; so if a matter is not included in ACAS conciliation the member may have to make a further application for the ancillary matter; if it falls outside the limitation period it may be too late to do so.
Conciliation will take please within a month of notification. Our Officers must work closely with our Legal Team who, provided they get the paper work in time, will be able to assist our Officers with advice on the member’s case including its strengths and weaknesses and will be able to assist with settlement agreements and schedule of losses.
Should conciliation fail, the member will be given a certificate that conciliation is over. If the case is to proceed to a Tribunal this certificate must be submitted to the Tribunal with the ET1 and Remission form or fee. As soon as the member is given the certificate the limitation clock begins to run again; having stopped for the period of the conciliation.
Once a certificate of conciliation has been issued the ET1 must be submitted within 1 month or the period of the conciliation depending on when the certificate was issued. The calculation of this period can be complex and therefore it is important that if the legal team have not given an advice the papers are given to them immediately by the Regional Officer.
The primary limitation period of three months less one day stops whilst conciliation takes place. That is, the clock stops ticking for submitting an ET1 but begins again as soon as the certificate is issued.
Example 1:
Date of Dismissal /discrimination: 7th April 2015
Original Limitation: 6th July 2015
Date Early Conciliation lodged at ACAS 14TH April 2014 (DAY A): 15th April 2015
Date Certificate issued by ACAS (Day B): 12th May 2015
New Limitation date for ET1 to be lodged: 3rd August 2015
Example 2:
Date of Dismissal/Discrimination 7th April 2015
Original Limitation: 6th July 2015
Date Early Conciliation lodged at ACAS 12th May 2015 (Day A): 13th May 2015
Date Certificate issued by ACAS (DAY B):20TH May 2015
New Limitation date for ET1: 13TH July 2015
In order for this to work smoothly for the benefit of our members and to avoid problems with time limits and cases being struck out we need full cooperation from the Regional Offices; Officers; Branches and activists to reduce delays in seeking assistance from our Legal Teams.
Updated Training will be given to our Officers and Regional Office Staff where necessary. “The Employment Tribunal Process and Conciliation Guidance Booklet in procedure for regions reps and members” will also be amended to incorporate these changes.
I would be grateful if you could ensure that all your members and activists know this procedure please.
Yours sincerely
Mick Cash
General Secretary
CELEBRATING 100 YEARS OF WOMEN IN THE UNION
Dear Colleague,
CELEBRATING 100 YEARS OF WOMEN IN THE UNION
This year the union celebrates the 100th anniversary of women first joining the National Union of Railwaymen, one of the predecessors to the RMT. In 1915, with a backdrop of an increasing call for women’s equality and more women being employed within the industry due to World War I, the National Union of Railwaymen made the decision to recruit women. It is important that we use this anniversary, not just as a celebration, but to encourage women to progress within the union and to challenge discrimination that still lurks within our industries.
Many of our women members have stories to tell of the challenges they have faced being a woman in male dominated industries. Please do ask if they would share them with our Equal Opportunities Officer, Jess Webb (j.webb@rmt.org.uk), for publication in RMT News.
A logo has been produced for this year and I would ask that all activities by the union reference this celebration at every suitable opportunity throughout 2015.
| Yours,
Mick Cash General Secretary
|
Commuters Ripped Off
Commuters forking out nearly £10,000 as New Year fares hike hits home and rail companies rake in taxpayer subsidies
As the new year fast approaches austerity soaked commuters face yet more inflation busting fare rises averaging 2.2%. It will though see many season ticketholders pushed into the £5,000-a-year price bracket, while those commuting from Cheltenham Spa to London will have to fork out £9,704 – a 2.49% hike on the January 2014 figure.
And commuters are being slapped by a double whammy of fare rises and huge on-going government subsidies to the train operators in the universally recognised privatised railway shambles.
Private companies that simply use such subsidies to make inflation busting dividend payments to their shareholders, whether they be individuals or governments.
UK Taxpayers subsidy, on top of fares, came to just over £4 billion in 2012/13, of which the four most cushioned companies alone received over half.
Three of those companies are already foreign owned (German, French and Dutch) , with Scotrail about to become another part of the Dutch State operations from April 2015.
Government funding provided a mouth-watering 68.9% of income for the joint venture of failed outsourcing giant Serco and Dutch government owned Abellio who currently run the Northern Rail franchise (although the average across all train operating companies was a mere 31%).
RMT General Secretary Mick Cash said;
“As the travelling public gear up for the New Year fares hike RMT is blowing away the myth that the extra cash is invested back into services when in fact it combines with taxpayer subsidies to fuel a £4 billion privatised rail rip-off that is a one way ticket to the bank for the train companies.
“The scandal of the British people paying the highest fares in Europe to travel on clapped-out and overcrowded train will be compounded by the New Year’s average 2.2% increase, an increase which dwarfs average pay increases and which will hit the poorest the hardest.
“RMT’s New Year pledge is that this union will step up the fight against the privatised rail scandal that shames Britain and for a publicly-owned railway designed to meet demand, free from the greed and exploitation of the train companies.”
Ends
Note:
Net profits and dividend distribution rates for last five years, for the top four recipients of public subsidy in 2012/13
| Arriva train Wales | Southeastern | First Scotrail | Northern | Top five subsidised totals | |
| Total operating profit
(TOC) 2009 – 2013 |
£85.3m | £61.1m | £81m | £171.8m | £399.2m |
|
Total TOC dividends 2009-2013 |
£68m | £50m | £81m | £140m | £339 |
|
Total taxpayer Subsidy in 2012/13 |
£340m | £348m | £682m | £713m | £2.083 Billion |
Figures are all taken from April 2014 ORR Railway Financial data and latest Company accounts from Companies House
New Year 2015
The Branch and RMT Trade Union would like to wish everyone a prosperous, healthy and happy New Year
2014 has now passed and it is time to reflect on those friends that sadly left this life, Bob Crow and Tony Benn. Never forgotten, always missed and irreplaceable to the working class movement.
However, as 2015 is now upon us and the drive by the bosses and self interest based politicians to further attack our terms and conditions in the name of austerity will continue. We can save the bankers but if you work for City link and thousands of other firms, then you are alone. We are not in it together, the rich are in it for themselves and the poor up to their necks paying off a deficit whilst the rich just get richer. At the same time the gender pay gap has increased which surely after 40 years of the Equal Pay Act, must be a national disgrace. A political system that espouses equality must also show that it is and has achieved equality, otherwise it is just lip service
The only thing we can do is brush ourselves off, roll up our sleeves and get ready to defend what we have, get ready to fight for what we should have and show the ruling classes that they can stick their austerity where the sun doesn’t shine.
City Link Outrage
Please see a series of circulars on the disgraceful treatment of our City Link members
City Link Bid
General Secretary Mick Cash said.
“Within the past 24 hours RMT has been made aware of what we believe to be a credible bid to take over some or all of the City Link trading operation.
At this stage we have no further details and we understand the matter is in the hands of the administrators with the government and Vince Cable aware of the situation.
With today key in terms of redundancies RMT is urging the administrators to suspend the redundancy process and work with the Government and the administrators to urgently evaluate and act on any viable options that could keep City Link trading as a going concern. ”
Overview from the Morning Star
From today’s morning star.
City Link: Set Up To Fail?
DEC
2014 Monday 29TH posted by Richard Bagley in Britain Inquiry calls rise as shady shell firm is registered by former bosses .
Claims of murky corporate manoeuvring at bankrupt courier City Link grew yesterday as its owners were accused of asset-stripping and cash grabs while thousands lose their jobs. Business Secretary Vince Cable faced union calls for a “forensic investigation” into the collapse of the company, whose tax-dodging parent Better Capital (BC) stunned workers by announcing they were out of a job on Christmas Day. Taxpayers are now likely to foot the redundancy bill for up to 2,700 former staff who face P45s by New Year’s Day.
Hundreds more “owner-drivers” subcontracted to operate branded vans will receive no compensation at all. Yet corporate records show that three City Link directors lodged papers at Companies House earlier this month for a firm named “City Link B2b.” The Coventry address listed is the site of the courier firm’s current HQ, with all three of its directors listed as senior members of the current management team. Among them are City Link CEO David Smith and Better Capital executive Thomas Wright. An RMT spokesman said revelations that a new company had been set up by current directors was “fuelling concerns about what was going on behind the scenes,” suggesting that the trio could be set to buy back “what’s left from administrators at a knock-down price.” Questions also mounted over the conduct of Guernsey-based venture capital firm BC, which took over the company for £1 last year and promised a £40 million cash injection before walking away on December 22.
“We want a full, forensic investigation into events leading up to the collapse,” the RMT spokesman said. “It’s a microcosm of everything that’s wrong with business in Britain — it shows how little protection workers have got against this kind of malicious manoeuvring.”
Meanwhile multimillionaire BC founder and Tory donor Jon Moulton, whose outfit specialises in taking over “distressed” companies with the aim of turning a profit, denied that it had stripped assets, claiming: “We have lost a lot of money.” But unlike City Link employees facing the dole he has “more than his fair share of escape options,” according to one corporate magazine profile, with properties in Kent, Belgravia, France and Guernsey. And he snapped up another £3.8 million of BC shares earlier this month.
Mr Cable said he would “happily” meet trade unionists in the new year, but Mr Cash said this would be “too late.” “We want to put a plan together for a government-backed rescue that protects the business and the jobs it supports,” said the RMT leader. An online campaign to demand City Link’s nationalisation was gaining momentum yesterday, with thousands signing up overnight. But administrators are already drawing up plans to dispose of the firm’s assets. Some workers would be kept on temporarily to “help return parcels to customers” and wind down its operations, they said.
Demo at City Link
