October RMT Circular

October 28, 2016

STATION STAFFING & SAFETY ARRANGEMENTS, POST-IMPLEMENTATION OF FIT FOR THE FUTURE – LONDON UNDERGROUND (LUL/14/5)

 

Further to my previous Circular (IR/287/16, 5th October 2016), LUL has been advised that a dispute situation exists between us over job numbers, imposed displacements, inadequate training and the failure of the ticket office closure programme.

 

I can now advise that the ballot papers will be posted to all RMT Station & Revenue members on Tuesday 1st November and the closing date for this ballot is Tuesday 15th November 2016. I will keep you advised of all further developments.

 

BREAKDOWN IN INDUSTRIAL RELATIONS, TRAIN OPERATORS, PICCADILLY LINE – LONDON UNDERGROUND (LUL/14/2)

 

Further to my previous Circular (IR/133/16, 5th May 2016), the following resolution has recently been received from Finsbury Park Branch, as well as a similar resolution from Piccadilly & District West Branch:-

 

“This Branch notes that the current drivers’ dispute on the Piccadilly Line remains unresolved and despite a series of meetings at ACAS and limited progress, line management remain belligerent in engaging with the Union on a number of issues.

 

In particular this Branch notes the following:

 

  • The victimisation of Bro Fitzpatrick by the malicious use of LUL’s H and B policy against him and a total failure to protect his safety in the workplace against genuine and well founded threats to his safety made by the same individual who made malicious allegations against him which has now been completely revealed by Employment Tribunal disclosure documents

 

  • Failure to properly administer LUL’s SPAD policy with continued threats to our members’ role as drivers

 

  • Failure to respond to our concerns regarding the quality of training with them refusing machinery meetings to discuss our concerns and reneging on previous commitments given in talks

 

  • Failure to respond to our concerns regarding stock issues and not working with our safety reps in any meaningful way to address our concerns

 

  • The assertion from the Director of Employee Relations stating that staff other than the driver have the final say on the serviceability and safety of a train

 

  • Failure to address facility and familiarisation issues at Cockfosters Depot

 

  • Continued breaches of a number of LUL policies to the detriment of our members particularly by not exclusive to the attendance at work policy

 

This Branch therefore calls on the General Secretary to declare a breakdown of industrial relations on the line for these group of workers and ballot our members for strike action and action short of strike action. Furthermore, we call on the GS to contact our sister branch, Piccadilly and District West to establish their view on coordinating this ballot with any other issues they wish to resolve.”

 

Additionally, the following resolution has been received from Finsbury Park Branch:-

 

“Finsbury Park Branch has been made aware of a letter threatening our representative at the West End of the Piccadilly Line. The letter further goes to say that drivers not be allowed to decide if a train remains in service or not. It is the responsibility of the person on site to decide as a matter of safety and wish this position to be pursued with LUL.”

 

This matter has been considered by the National Executive Committee, which has taken the decision to declare a dispute situation over the points raised in the resolutions and to conduct a ballot of all Train Operator and Instructor Operator members on the Piccadilly Line. The ballot papers will be posted to affected members on Tuesday 1st November and the closing date for this ballot is Tuesday 15th November 2016. I will keep you advised of all further developments.

 

SUSPENSION, N. BANKS, EALING COMMON ROLLING STOCK DEPOT – LONDON UNDERGROUND (LUL/4/12)

 

Further to my previous Circular (IR/274/16, 27th September 2016), LUL has been advised that a dispute situation exists between us over the long running suspension of Nigel Banks, as this action is unduly harsh and unwarranted. I can now advise that the ballot papers will be posted to all RMT members at Ealing Common Rolling Stock Depot on Tuesday 1st November and the closing date for this ballot is Tuesday 15th November 2016. I will keep you advised of all further developments.

 

CHRISTMAS & NEW YEAR LEAVE AND PAYMENT ARRANGEMENTS, 2016/17 – LONDON UNDERGROUND (LUL/7/2)

 

The following resolution was recently received from our Piccadilly and District West Branch:-

 

“This Branch condemns the District Line management for failing to negotiate properly regarding the special timetable over the Christmas period.

 

We ask the General Secretary to declare a dispute with LUL over this matter and prepare a matrix for balloting members for strike action and action short of a strike”.

 

This matter has been considered by the National Executive Committee, which has taken the decision to declare a dispute with LUL over the issues raised, to prepare a ballot matrix of our Train Operator and Instructor Operator members on the District Line and to organise a meeting of our District Line Reps on Monday 31st October 2016. I am currently acting in accordance with the above decision and will keep you advised of all further developments.

 

NEW YEAR’S EVE WORKING ARRANGEMENTS, NIGHT TUBE – LONDON UNDERGROUND (LUL/7/2)

 

Following discussions regarding the above, the Company has proposed that the arrangements for New Year’s Eve, where that coincides with Night Tube Operation will be as follows:-

 

  • Part-time Night Tube Train Operators will be rostered to work as normal
  • Any applications for annual leave on New Year’s Eve from part-time Night Tube Operators will be favourably considered
  • Any additional shifts created by the implementation of a New Year’s Eve service, or by annual leave applications from Night Tube Operators, will be open to volunteers as normal
  • All Train Operators, whether part-time or full-time, and whether rostered or volunteer, who work on New Year’s Eve will be entitled to the enhanced Special Event payment.

 

This matter has been considered by the National Executive Committee, which has taken the decision to list this item for discussion at a Reps meeting on Monday 31st October 2016. I will keep you advised of all further developments.

 

DISMISSAL, D. STOREY, TRAIN OPERATOR, WEST RUISLIP – LONDON UNDERGROUND (LUL/4/1)

 

The following resolution was recently received from Central Line West Branch:-

 

“This Branch notes the appalling sacking of Brother Dean Storey, Train Operator at West Ruislip.

 

At his CDI there were many mitigations against his dismissal ignored or wrongly discounted and the circumstances of the incident were never properly considered. We strongly believe that the sanction, dismissal, was far in excess of anything which could be considered reasonable.

 

This Branch states that to have dismissed Brother Storey is a disgraceful travesty of justice.

 

This Branch calls for, initially, a ballot of all drivers at White City and West Ruislip for industrial action and action short, spreading that out to the whole line and the whole combine if needed.”

 

This matter has been considered by the National Executive Committee, which has taken the decision to prepare a ballot matrix of our Train Operator and Instructor Operator members at White City and West Ruislip and to organise a meeting of our Central Line Reps on Monday 31st October 2016. I am currently acting in accordance with this decision and will keep you advised of all further developments.

 

PAY PARITY, TRANSPLANT ENGINEERS TRAIN DRIVERS – TUBE LINES AP JNP (LUL/10/2)

 

Further to my previous Circular (IR/263/16, 9th September 2016), the National Executive Committee called further industrial action on a number of dates between Wednesday 19th October until Sunday 20th November. However, prior to this action taking place, talks at ACAS resulted in a draft proposed ETO Re-Grading Initiative. The NEC then took the decision to suspend the strike action and overtime ban to allow for the working party to examine this proposal further and seek to reach agreement over the finer details.

 

This work is due to be completed by Thursday 27th October and I will keep you advised of all further developments.

 

PAY FOR PERFORMANCE, DEFEND YOUR PENSIONABLE PAY – TRANSPORT FOR LONDON (TFL/0001)

 

As members will be aware, the Union does not accept TfL’s Pay for Performance policy and continues to demand decent pay offers and full pensionable pay for all TfL employees. Following a request from the Lead Officer, the National Executive Committee took the decision to seek legal advice on the legality of pay for performance arrangements under the Equality Act and other statutory arrangements.

 

As a result of the above and having discussed the above with TfL Reps, it has been agreed that TWO members will run grievances, up to and including seeking legal redress.

 

In summary, the advice stated that a member may have a potential claim for indirect discrimination and additionally for a disabled member, for discrimination arising from disability and the failure to make reasonable adjustments. However, it is impossible to predict the merits of individual potential claims on a generic basis and each member’s circumstances would need to be assessed on a case by case basis. Furthermore, the Tribunal may accept the Pay for Performance policy was a proportionate means of achieving a legitimate aim or that a request for reasonable adjustments is not reasonable in the circumstances.

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