Category: Track Contractors

Balfour Beatty (LU Contract) Furlough

Balfour Beatty have started/ in the process of demobilising most aspects of your work at Ruislip for the LUL Contract.

 

They are now proposing/ have started to furlough a large proportion of their work force and are proposing to the RMT the below furlough scheme:

 

    • Basic pay: 80% of average earnings (based on average monthly earnings in the tax year 2019/20 but excluding any travel and subsistence expenses) for earnings up to the UK Government threshold of £37,500 plus 80% of basic pay above the £37,500 threshold.
    • Balfour Beatty will also adopt a bar for low earning employees of £22,000 below which point salary will not be reduced.
    • Pension contributions for employees on Furlough Leave: all pension contributions for the Furlough Leave period will be based on actual pay during that period
    • Travel payments for employees on Furlough Leave: all payments related to travel will stop
    • Subsistence payments for employees on Furlough Leave: these will continue to be paid if employees have committed lease arrangements or an ongoing financial commitment to short term accommodation.  This will need to be evidenced and immediately escalated to your local HR team

The RMT have asked Balfour to look at 100% pay and also whether there are alternatives, however, the above proposal is now the final position and the matter is referred to our members and the National executive.

 

We are confident that LUL are likely to restart some of the work in the relatively near future and we would very much support this if it is essential work and it is done safely.

AGS Cleaning Contract

The RMT have learnt that the Track Cleaning Contract with AGS has been given to another company.

 

We are making urgent contact with all companies to explore whether TUPE applies and ensure that our members job security and terms and conditions and maintained or enhanced.

 

We also have concerns that the track need to be maintained to a good standard to reduce fire risk and enhance air quality and we will be ensuring that there is no reduction in the standard of service provided

Balfour Beatty LUL Contract Pay Offer

We have received the below offer for members at Balfour Beatty on the LUL Contract.

 

COMMERCIAL DRIVER 10.84 2 11.06
PLATELAYER GRADE 2 10.32 2.5 10.58
Chargehand 11.21 2.5 11.49
PLATELAYER GRADE 2 10.32 2.5 10.58
PLATELAYER GRADE 3 10.20 3.49 10.55
Stores operative 10.25 2.9 10.55

We will be visiting our members on that contract over the next few weeks to obtain their views

PAY, TERMS & CONDITIONS – PROTECTION STAFF MORSON & CLESHAR (LU CONTRACTS)

PAY, TERMS & CONDITIONS – PROTECTION STAFF

MORSON & CLESHAR (LU CONTRACTS)

 

Further to previous correspondence regarding the above, this matter has been considered by the National Executive Committee, which has taken the following decision:-

 

“That we note the report from our Lead Officer and that our members having waited 6 months for the union to address this issue and are beginning to lose faith.

Accordingly we instruct the General Secretary to prepare a ballot matrix of all affected members employed by Morsons, Cleshar, JMK and Rift for industrial action in the form of a strike, and concurrently over a 4 week balloting period conduct a referendum of our self-employed members with a recommendation to withdraw their services from London Underground’s business.

We also instruct the General Secretary to obtain legal advice to facilitate protecting our members, and to arrange a meeting between our IR Representatives, the Lead Officer, Senior Assistant General Secretary and members of the NEC.

Members to be advised by e-mail and text.

Bob Crow Branch and the London Transport Regional Council to be advised”.

 

As a result of the above decision, all affected companies have been informed that we are in dispute and Papers to be dispatched on Tuesday 4th June with a closing date of Tuesday 2nd July.

 

The referendum of self employed members to run concurrently

 

Yours sincerely

Mick Cash

General Secretary

 

Balfour Beatty Rail (LT Contract)

Following lengthy discussions with Balfour Beatty Rail (LT Contract) we have managed to avoid any compulsory redundancies in this area, with any RMT members either retaining their jobs, being successfully redeployed or taking voluntary redundancy.

 

However, Balfour Beatty have failed to win further contracts of any size and LUL have so far failed to appoint the winner of the renewals contract post September 2018. However, it is our understanding that there is very little work between now and April 2019 and I expect there to be a further delay in awarding more work.

 

Given the nationwide retraction in work that Balfour Beatty Rail have won, we have been informed that unless LUL release more work within a short amount of time, then a further round of redundancies may be required. We therefore ask the NEC to carry out the following:

 

  1. Ask the General Secretary to contact the Mayor to demand that the desperately needed renewals work on LUL is not delayed any further.
  2. The a high level meeting with LUL is called to demand the TUPE of these staff into London Underground as their work in Track Partnership will be vital for future successful delivery of Track Renewals.

 

We will forward a further report should this further wave of redundancies become a proposal from the company and we are meeting BB Rail next Thursday night for a general catch up meeting.

 

Pay:

 

We are awaiting a formal pay offer from Balfour Beatty for this year’s pay award. They have formally notified me that they will honour the London Living Wage and they the pay aware is likely to be above 2%. We will discuss with our members once received and forward their recommendation to the NEC once obtained.

DLR Disputes

BREAKDOWN IN INDUSTRIAL RELATIONS – KEOLIS AMEY DOCKLANDS (DLR/14/2)

 

STRIKE ACTION DATES CHANGED

 

Further to my Circular (IR/130/18, 7th March 2018), it has unfortunately been necessary due to a technical fault to change the strike action dates. Therefore, all KAD members are now instructed to take strike action by not booking on for any shifts that commence between:-

 

  • 04:00 hours on Wednesday 28th March 2018 and 03:59 hours on Friday 30th March 2018

 

Members should book on and work as normal from Wednesday 21st to Friday 23rd March and I apologise for any confusion and inconvenience caused. I will Branches advised of all developments.

 

BREACH OF MACHINERY – ISS (KAD CONTRACT) (LUL/14/2)

 

STRIKE ACTION DATES CHANGED

 

Further to my Circular (IR/130/18, 7th March 2018), it has unfortunately been necessary due to a technical fault to change the strike action dates. Therefore, all ISS (KAD Contract) members are now instructed to take strike action by not booking on for any shifts that commence between:-

 

  • 05:30 hours on Wednesday 28th March 2018 and 05:29 hours on Thursday 29th March 2018

 

Members should book on and work as normal from Wednesday 21st to Thursday 22nd March and I apologise for any confusion and inconvenience caused. I will Branches advised of all developments.

 

Yours sincerely

Mick Cash

COMPULSORY LIQUIDATION OF CARILLION

COMPULSORY LIQUIDATION OF CARILLION

 

I write further to my previous circular on the above matter (Ref: IR/65/18, 5th February 2018) to provide an update on the latest developments with regards to the liquidation of Carillion.

 

Your union was represented at a recent meeting convened by the TUC at which liquidators PWC provided an overview of the latest situation to the affected trade unions.

 

Consultation – with the official HR1 redundancy notices being issued on a national basis, this made it difficult to identify which specific contracts were at risk and which employees would be affected. Consultation is generally being carried out through employee forums rather than through trade union recognition agreements with elected represented, but it was noted that RMT has had formal talks with Network Rail, Arriva Rail North and Arriva London.

 

TUPE – PwC stated that TUPE does not apply in matters of liquidation, although it did say it was encouraging all parties involved in staff transfers to honour existing terms and conditions. However, it has no legal control over this process so it only remains an aspiration.

 

Legal entity of employer – the official receiver undertook to carry out further work in this regard as it remained a problem as to who the actual employer was on many of the contracts.

 

Pensions – A meeting is to be set up involving trade union pension officers, convened by the TUC, to discuss all aspects of the pension situation.

 

Trade union deductions via paybill – steps are being taken by RMT to identify any current Carillion contract who currently pay their subscriptions via paybill and ensure they do not lapse and that they continue to enjoy RMT membership.

 

The above matters were also subject of discussions at the initial redundancy consultation meeting for the rail business part of Carillion. Carillion stated that, while it had been an extremely complex and fast-moving process up to now, employees should continue to attend work and they will continue to be paid for any work carried out.

 

It was also set out that the bid process was about to close and the arrangements for Network Rail funding of the contracts would be known shortly.

 

The company also stated that it expected to reconvene the consultation process in the next week or so when further clarity will be provided on the sale process and how this will affect employees. The provisional date for the next meeting is 20th February 2018, after which I hope to be in a better position to provide members with further information. It is obviously a worrying time for our members working on the various Carillion contracts but I can assure them their union is doing all it can to defend their interests.

 

In the meantime, I would be grateful if you could bring the contents of this circular to the attention of your members.

 

 

Yours sincerely

Mick Cash

General Secretary

COMPULSORY LIQUIDATION OF CARILLION

To All Branches, Regional Offices & Regional Councils

 

Circular No IR.031/18

 

16th January 2018

 

Our Ref: BR1/15/6

 

 

Dear Colleagues,

 

COMPULSORY LIQUIDATION OF CARILLION

 

Obviously our worse fears of the last few weeks has happened and sadly through no fault of their own our members find their future employment, and current monies owed, in jeopardy.

 

I have no doubt the rumours and differing information that is flying everywhere in the media is worrying and confusing.

 

First and foremost we have advised our members to turn up for work in the normal way.

 

The latest position is that I have had initial discussions with Carillion and representatives of the official receivers PricewaterhouseCoopers (PCW) in regards the compulsory liquidation of the company and its impact on workers involved in the delivery of rail contracts.  The representatives indicated that they are looking at a range of options to preserve jobs.  They have confirmed that once they have more detailed information they will meet us within the next few days to address any concerns we have.

 

I have also met with the Chief Executive of Network Rail asking for the work carried out on the Carillion contracts to be bought in-house to ensure stability of employment for our Carillion members. I have also asked Network Rail to guarantee payment to staff for the work they did over the Christmas period, including any bonuses. Our concern is that the January payment that the Government has said will be honoured may not include enhancements earned in December that would normally be paid in the February paybill. I have also asked Network Rail to ensure all sub-contractors that had been working under Carillion contracts be paid as well.

 

I have written to the Mayor of London asking for all contracts that come under Transport for London be bought in-house and any wages owed be honoured. Our Lead Officers for the Train Operating companies are doing likewise.

 

We have written to, and sought urgent meetings with, the government asking that they protect workers’ jobs and wages and classify all rail work as public sector and take all Carillion rail contracts in–house. The RMT Parliamentary Group has also sought an urgent meeting with the Government.

 

The union is also making the appropriate urgent representations to the relevant bodies regarding pensions and I will communicate with you very shortly on this matter.

 

Things are moving at a pace at the moment but regrettably there is still a lot of confusion as to what the outcome of this terrible collapse will bring to members but I can assure you we are doing all we can at this awful time.

 

I will keep you advised of developments as they happen.

 

Yours sincerely,

 

Mick Cash

General Secretary

 

RMT calls on Government to give assurances to workforce caught in Carillion financial crisis.

RMT calls on Government to give assurances to workforce caught in Carillion financial crisis.

 

General Secretary Mick Cash said;

 

“The Government should be giving clear-cut assurances to the workers who are watching the Carillion crisis play out on their TV screens this weekend. They are caught in the crossfire of a financial crisis that is not of their making and Ministers should be giving them the guarantees that RMT and other unions have been demanding.

 

“Thousands of jobs, and a whole raft of essential services and works, are hanging by a thread this weekend and the reports that administrators and a team from Price Waterhouse are now on stand by waiting to move in comes as no surprise to the trade union as we have been through these corporate failures plenty of times before.

 

“RMT has called on the Government to put in place a programme that trans‎fers the rail infra-structure works over to Network Rail and which takes the out-sourced facilities work for the train companies directly in house rather than relying on these speculative chancers.

 

“Serious questions are being asked yet again about the judgement of ‎Chris Grayling who has awarded huge contracts to a company that was already known to be in serious financial trouble. He now has a moral responsibility to give the staff in the transport sector caught up in the Carillion crisis guarantees that they will not be left to pay the price for the failures of others.

 

“RMT has heard plenty about the Government holding meetings. What we haven’t heard about is a concrete plan of Government action which protects jobs, pensions and services. ‎Rather than prevaricating they should be getting on with it.”

RMT PWT Update

The RMT have been meeting with LUL to discuss many issues that affect our members carrying out protection duties for Morsons and Cleshars

 

Below is a report from the meeting

 

  1. LUL have agreed in principle to an incident process whereby the aim is to have the outcome within 48 hours.
  2. We discussed a dress code to get rid of PPE at the briefing meetings.  LUL had a concern regarding people turning up in shorts and flip flops. We agreed to write some form of dress code and aim to get this agreed for early new year.
  3. We discussed having your job moved at short notice or on the way to site.  We stated that we wanted to be paid twice which is what we believe happens to the contracting supplier. LUL said they will look into this and whether the supplier is indeed paid twice.
  4. LUL will tell Morsons to pay for PWT training.
  5. LUL were unaware of the Xmas payments specific issue and would review it with a view to discuss and potentially implement a payment within the Framework Contract.
  6. It was agreed work should be fairly distributed and would look at their processes. This included all areas including assessing.
  7. Regarding the bullying it was agreed this must stop.
  8. LUL wil continue to meeting with the local RMT Reps and the RMT to continue to ensure momentum is maintained
  9. The stores will be moved upstairs and they are looking at different options
  10. LUL want to move some PWT Staff to Beckton and that may suit some people better.

VGC Dispute

The RMT have been in discussions with VGC regarding fair pay and treatment for the Works Train Controllers working on the Cross Rail Contract at Plumstead.

 

These staff were in some cases employed as Machine Controllers and have seen a huge increase in their work and associated responsibility. However, there has been no associated increase in pay and that is not acceptable to our members. Of the 26 members of staff, all of them have joined the RMT and are standing together firmly to push for a significant increase in pay.

 

Further talks are planned to take place soon and we hope that a negotiated settlement can be reached. However, if it cannot, then we urge our members to return their ballot papers with a resounding YES vote.

 

Ballot papers will be posted on Tuesday 21st November 2017 and the closing date for the ballot is Wednesday 6th December 2017.

 

If any member does not receive their voting paper, or knows of a colleague who has not received it, please call the freephone helpline on 0800 376 3706, RMT Head Office on 0207 387 4771 or e-mail [email protected].uk to request a replacement.

 

 

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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