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