Please see attached document
Category: Tube Lines
Tube Lines TUPE to LUL
Tube Lines TUPE to LUL
Talks have been ongoing with LUL regarding the Transfer of Tube Lines Staff into LUL. Please see attached the last minutes for the Special Company Council that has taken place.
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:
- That TfL would honour the fourth year of the LU Pay Deal.
- That current pension arrangements would transfer.
- That collective bargaining arrangements were agreed and continue, noting that there is no H&S machinery in TfL.
- 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
Opps TUPE’d the Wrong People
In quite an amazing show of incompetence, LUL have admitted that they have sent letters to staff involved on the TUPE transfer from LUL to TfL and had not even managed to get the dates correct. More worryingly than this admin error, they also seem to have welcomed people to TfL that were not even part of the TUPE Transfer!
The RMT argued against this rushed and badly organised project and it beggars belief that errors of this kind could occur. An extract from the LUL HR correspondence to us is shown below:
“Proposed transfer of Engineering, Major Projects, PMO and Change Delivery activity from London Underground Limited (LUL) to Transport for London (TfL)
As you are aware the TUPE of Engineering, Major Projects, PMO and Change Delivery from LUL to TfL took place on 9 July.
A letter has been sent to the Engineering TUPE population welcoming them to TfL. It has been brought to my attention that this letter had the incorrect transfer date and has been sent to a number of individuals not in scope of transfer.
TfL HR are working to identify how these errors occurred, put measures in place to rectify and will reissue corrected welcome letters and letters of apology at the earliest opportunity.
I apologise for the confusion. Should you receive any queries from your members regarding the receipt of a TfL welcome letter I would advise they contact their HRBP in the first instance.”
RMT Circular 13th July
FIXED TERMS CONTRACTS, WORKSHOP STAFF, PICCADILLY LINE
TUBE LINES
Further to my previous Circular (IR/286/17, 10th July 2017) and following the overwhelming ballot result in favour of industrial action, talks were held with the Company at Director level to try to resolve this matter. RMT reiterated our total opposition to fixed term contracts and our position that the 35 jobs affected should be permanently employed staff. The Lead Officer and Reps also put forward a proposal to include the 35 new staff into the current team which management agreed to consider.
The NEC has considered the Lead Officer’s report and has noted that although there was some movement from the Company, this was not enough in terms of our members’ aspirations. Consequently it has been decided to call members to take industrial action as outlined below:-
With effect from 07.30 hours on Tuesday 25th July 2017 until further notice members are instructed as follows: –
- Not to work any Overtime
- Not to carry out roles beyond their substantive positions and locations
- Not to deviate from current valid approved work instruction documents
- Not to deviate from current valid approved risk assessments
- Not to deviate from latest issue of Tube Lines supplement to the rule book
- Members not to work onsite unless a first aider is on duty
- Members not to perform coaching and/or buddy duties
We salute the determination of members in the rock solid ballot turnout which showed the clear resolve to halt the attempted introduction of two tier workforce in the LU Piccadilly Line Fleet area and I will keep you advised of all further developments.
MACHINERY OF NEGOTIATION – KEOLIS AMEY DOCKLANDS (DLR/0005)
Further to my previous Circular (IR/204/17, 17th May 2017), the meeting with the NEC, SAGS, RO and Reps has taken place and following final amendments to the revised machinery of negotiation, the negotiating team recommended its acceptance.
This matter has now been considered by the National Executive Committee, which congratulates the efforts of all members, Reps, the DLR Branch, Lead Officer and SAGS for their roles in negotiating this M.o.N which represents a significant improvement on the previous ‘partnership’ agreement and includes sole recognition for RMT. In line with the NEC decision, the Company has now been informed of our acceptance of the new machinery.
Yours sincerely
Mick Cash
General Secretary
PROPOSED TRANSFER OF ENGINEERING, MAJOR PROJECTS, PMO AND CHANGE DELIVERY ACTIVITY FROM LUL TO TfL
PROPOSED TRANSFER OF ENGINEERING, MAJOR PROJECTS, PMO AND CHANGE DELIVERY ACTIVITY FROM LONDON UNDERGROUND LIMITED (LUL) TO TRANSPORT FOR LONDON (TFL)
Folloiwng LUL’s decision to renege on agreements reached at Tube Lines and Metronet for staff that had been transferred into LUL previously, the RMT have decided that it will not just accept this decision. The General Secretary has sent the branch the following letter.
Further to my letter dated 7th June regarding the above. This matter has been considered by the National Executive Committee, which has taken the following decision:-
“We note the reports from the Lead Officer and that there are issues still not rectified.
We instruct the General Secretary to prepare a ballot matrix of all affected London Underground members in both APD & CPD, advise the company we are now in dispute; to refer this matter to ACAS and proceed to a ballot for industrial action if no resolution to this unsatisfactory situation is agreed.
Members to be advised by e-mail and text.
Relevant Branches and the London Transport Regional Council to be advised”.
I am currently acting in accordance with the above decision and will keep you advised of all further developments.
Yours sincerely
Mick Cash
General Secretary
LUL Engineering TUPE to TfL
Dear ALL,
We met with LUL on the 1st June in a stormy discussion regarding the proposed transfer of 1600 staff into TfL Engineering Directorates.
The RMT reiterated its opposition to this cost cutting change and our commitment to ensuring that our members are protected and their terms and conditions are not affected adversely by this change.
Below are the major areas that were discussed in summary.
- Pensions – The RMT stated that the proposed measure to move to Pay for Performance (PfP) will not be supported and want existing staff to remain within their existing LUL Pay Terms and Bands. We believe that PfP will adversely impact on pensionable pay and future earnings and destroy the Pension Promise made to people on a yearly basis when they receive a pension statement showing what they are likely to receive when they retire.
- Functional Council Membership – LUL are fully aware that people have been removed from this TUPE because they are in Operational Grades. This has happened in Fleet, Track and Signals and in Stations & Civils (Lift & Escalators). The removal of people from scope and changing their reporting lines is a change to terms and conditions and a discussion matter for the Trade Unions. For example, the SES Group with its standing Tier 1 Rep is mainly made up of managers that are being TUPE’d. However the whole section sits in Track and Signals and therefore is part of our sphere of influence. These talks affect us all
- Collective Agreements – LUL have stated that collective agreements will not transfer but contractual terms and conditions will. The RMT have massive concerns around this statement and demand clarity as to the specifics of the Metronet and TLL agreements that are considered to be contractual. This statement involves all staff that were transferred from Metronet and Tube Lines and will not go unchallenged. If people believe that we will see our hard won agreements shredded and binned, then they are deluded. Unless we hear positively on this issue, then we will potentially have a dispute involving nearly 4000 people across this TUPE and former Metronet and Tube Lines areas.
- Terms and Conditions – We want a full list of individual contract variations provided to us. We want to see exactly what terms LUL believe people have so that we may we challenge and correct this belief. Also, LUL have to provide this information to TfL by TUPE law so they should have this information to hand
- H&S – The RMT have continually stated that we believe that there must be discussion regarding Health and Safety. The should be changes potentially that are reflected by a Change Assurance Plan and we must make sure that safety is paramount. We have asked to see all the meeting minutes and inspections that TfL have carried out with its Trade Union Reps.
- EQIA – Throughout this whole process, we have stated that we believe minority and women may well be adversely affected by this transfer. What is there to hide and do a EQIA and let’s all see how this affects equality and diversity?
- Hidden Measures – We are concerned that there is more to this transfer than is being said. It looks obvious that this is just Phase 1 and that other people may well follow such as Operational Staff in Fleet, Track and Signals and Stations and Civils
It must also be said that this transfer involves far more people and areas than has been described by the company business case. This aspect needs to be fully explored and anyone not in this scope should not transfer. We believe that there has been a ‘land grab’ to get people into TfL and we will do our own ‘land grab’ to get them back!
The next Branch Meeting for LU Engineering Branch is 7th June at the Savoy TUP 17:00. If you are affected then please attend and give us your views.
https://www.luengineeringrmt.co.uk/branch-meetings-2/
24th May RMT Circular
FIXED TERM CONTRACTS, WORKSHOP STAFF, PICCADILLY LINE – LONDON UNDERGROUND (LUL/13/2)
Further to my previous Circular (IR/193/17, 9th May 2017), the following resolution has been received from LU Fleet Branch:-
“This Branch resolved to call on the Union’s NEC to inform the Company that we are now in dispute regarding the intended implementation of a two tier workforce within Piccadilly Line Fleet, after talks with Tube Lines management aimed at resolving a dispute, it has become clear, management, directed by LUL are now willing to chop up our members long term job security by the imposition of 35 fixed term staff allocated to the Piccadilly Line.
After canvassing our members’ views, they have made clear that the casualisation of work carried out by our staff will not be tolerated. The Reps in conduit of its members therefore also resolve that the ballot matrix for fleet staff at Northfields and Cockfosters Depots is now prepared in effect to execute our members’ wishes that this issue is fought with the utmost determination, to include industrial action and industrial action short of a strike”.
This matter has been considered by the National Executive Committee, which commends the view of the Branch to halt the attempted introduction of a two tier workforce and seek proper permanent employment for all future members joining the company. In line with the decision, I have informed the Company that a dispute now exists over this issue and I am making the necessary preparations to conduct a ballot of affected members. I will keep Branches advised of all further developments.
BREACH OF CORE WORK AGREEMENT, CONTRACTING OUT AND USE OF SECONDARY SUBCONTRACTORS – FLEET GRADES – LUL (LUL/13/1)
Further to my previous Circular (IR/134/17, 27th March 2017), the National Executive Committee has consulted with the Lead Officer and LU Fleet Branch Reps concerning the latest correspondence from the Company and welcomes the offer from London Underground to pursue the matter with Bombardier and liaise with our Representatives.
In line with the NEC decision, I have informed the Company that this dispute is resolved subject to the commitments given. RMT will of course continue to monitor this situation and I will keep Branches advised of any further developments.
Yours sincerely
Mick Cash
General Secretary
Branch Request to Ballot Tube Lines Northern Track
The LUEngineering Branch has received a request to ballot all track members on the Northern Line over an over zealous and incorrect interpretation of the Attendance Policy by two members of HR.
On two occasions now, RMT members have had their sick pay stopped for being off sick with ‘leisure’ related illness. In both cases, the members had been playing football and had not been previously warned by the company that their sick pay would be at risk should they hurt themselves. This is clearly a ridiculous situation, where people are trying to keep fit and healthy and are now penalised for their efforts.
What next, are we going to discipline people for picking up the remote control of their TV’s now in case they put their back out!
We call on Tube Lines to be sensible and reinstate the members pay. Urgent talks will now be called with senior management and in the meantime, we will produce a ballot matrix should a satisfactory outcome not be achieved
UPDATE: Following discussions with senior management they agreed that they would reinstate the members in question’s sick pay. They would be reminded of the policy and warned that sick pay may be stopped if this happened again. We thank them for their prompt and sensible actions in these cases
Agreement reached with Engineering Train Drivers
Following months of talks between the RMT, Aslef and Tube Lines, a final offer has now been received that is acceptable to our members. This shows what unity in workforce can achieve especially when a dispute is driven by the rank and file members whose determination and strength, whether RMT or Aslef, deserves to be saluted.
This offer will now go before the RMT National Executive with a recommendation to accept
Full wording
Following our recent discussions I am writing to confirm the basis of our agreement;
1. All current industrial action will be suspended and no further industrial action will be taken unless there is a failure to reach agreement in relation to all of the items set out below.
2. An initial salary increase of 3.15% will be made to the relevant employees on the first available pay date following the completion of items (3) and (4) below. This increase will be cost neutral and will be funded by the completion of item (3) below.
3. The following elements of the Draft ETO Regrading Initiative will be implemented with immediate effect:
· Section 3: Crewing of Trains
· Section 4: Assistant Train Operators (Assists)
· Section 6: Plant Link
· Section 8: Drinks Machine
4. A local level Working Group will examine the practice of how meal breaks are taken and the reciprocal arrangement for staff leaving at the end of their shift. An agreed process mirroring existing methods of working will be drafted and implemented by the end of February 2017. In the event that this is not achieved then an Officer Level Meeting will take place at the first mutually agreeable date.
5. A further salary increase of 3.15% will be paid on the first available pay date following the successful implementation of the following efficiencies as set out in the Draft ETO Regrading Initiative. This is anticipated to be by the end of May 2017 and will not be unreasonably delayed by either party .
– Section 7: Completion of Utilisation of Paid Hours work by April 2017
– Section 2: Rosters and their Implementation Dates to be agreed as per the 2010 Roster Agreement for Day and Night Link Driver by May 2017. The number of required positions will be decided following the Transplant Reorganisation and following 6.1.1.of the Main Framework Agreement. For the avoidance of doubt payments under this section will not be backdated.
3. The review of the individual managers salary for ‘pay compression’ will be completed by May 2017, and any recommendations implemented.
4. Following successful implementation of the above, both ASLEF and RMT will confirm that this dispute is resolved and undertake not to raise any further dispute in relation to the pay or working arrangements for Transplant employees during the course of the current pay deal.
Transplant – Proposed ETO Regrading Initiative – updated Proposal 23 1 17 – Final for submission
Engineering Train Operator Talks Collapse
Following months of intensive talks with Tube Lines Management that have been productive and have nearly reached a conclusion, the main sticking point has been that they wish Engineering Train Operators (ETOs) to carry out shunting duties. It is our position that we will not undermine the conditions of these group of workers and have refused this proposal.
However, during talks, we have offered compromises that include increasing numbers on the Shunters roster so that there are the correct staff available when required to shunt trains. We have also stated that ETOs will work as instructed by shunters and move trains on various roads in the depot outside of the workshops.
Our members have a growing belief that local Transplant Managers are trying to sabotage any agreement by talking down any alternative solution. They have been given what they want, albeit in a different way, yet it is still never enough.
We therefore see no alternative but to ask our NEC to put on more action over this issue and refer the matter to Acas
Tube Lines entry to the TfL Pension Fund
We would like to remind members that intend to transfer into the TfL Pension Scheme to send back their papers and chase up confirmation or replies if they have not received any.
The company intend to map those agreeing to transfer at the same time and it took eight years to win the right to join the fund for Metronet Staff that missed the window when the same process was done with that company. We do not want to have a similar fight and loss of potential pension rights again
So please document that you have sent your forms back or make sure you your forms have gone back and you have gotten confirmation they have been received (for those that have chosen to join the fund)