Newsletter: December, 2009

East London Rail Branch News Vol II, Issue 4 January 2010

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Chair: John Clarke– 07795237318 Secretary: Ed Shine–07940340128

0626 East London Rail

National Union of Rail, Maritime, & Transport Workers’ GENERAL SECRETARY: Bob Crow

Branch News Email: [email protected]

NEXT BRANCH MEETING: TUESDAY 17TH JANUARY 2009, 1700 HOURS:

The Railway Tavern Public House (Conservatory room), Angel Lane,

Stratford, London E15… CONTACT THE SECRETARY FOR DETAILS

IN LOVING MEMORY

“ORGANISE!” SISTER AND COMRADE CAROLYN SIDALL

ON THE DEATH OF A COMRADE, WHAT IS ONE TO DO?

ARE WE TO MOURN, TO BOW OUR HEADS, AND TO BE QUIET?

Or are we to celebrate, sing, and praise the fact that we have had the opportunity to know and work with such a person, in advancement the claims of our Un-ion and the future of our class?

We are mourning the passing– the far too early pass-ing– of our Comrade and Sister in our struggle, Caro-lyn Siddal

THE BRANCH SECRETARY SAID:

‘She refused to change to suit the people who oppress, torture, and im-prison those who disagree with them, and make wage slaves of the re-mainder, and those who dehumanise us all. She had a spirit, found rarely, but sometimes, that cannot be quenched, cannot be broken, and cannot be dismissed or ignored.

She cared more for one person on the lowest wage than a thousand peo-ple on the highest wage... But if one person on the highest wage was in trouble, she would dedicate herself to that cause as if that person was on the lowest wage.

She has played her part. It is not over nor will it be forgotten. The one thing we believe she would want us to ask is- ‘will we play ours?’.

The answer must surely be– YES.


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Following the recent High Court case involving the RMT and EDF Energy Powerlink, this is the current position relating to industrial action ballots and the problems faced by

the trade union movement.

The duties on trade unions to provide employers with notice of ballots and industrial action place onerous, costly and excessively complicated duties on unions. They impose a significant burden on unions to keep meticulous records of their members’ addresses, jobs, and workplaces and often expose unions to applications for injunctions by employers to prevent industrial action taking place, even where a clear majority have voted in a ballot to support the action.

Currently, unions are required to provide information that would help an employer “make plans”. Under Section 226A of the Trade Union and Labour Relations (Consolidation) Act 1992, if the union possesses information relating to number, category and workplace of the employees concerned in the ballot, this information must be provided to the employer. The union must also provide an explana-tion as to how the lists and figures have been arrived at.

The application made by EDF to the High Court concerned a ballot for industrial action over this year’s pay claim. Our members voted in fa-vour of action by a

margin of more than 5 to 1. However, the company

claimed that we had given insufficient information in our Notice of Ballot. In that Notice, the union said that the members who were to be entitled to vote in the ballot were "all those members of this union employed by the company in the category of Engineer/Technician". The members were spread between three workplaces. EDF claimed that it did not recognise the categorisation of "Employee/Technician".

The company described two principal groups of staff:

Craft staff and professional staff. Within craft staff

there were a number of identified trades including

fitters, jointers, test room inspectors, day testers,

shift testers and OLBI fitters. EDF referred to a

previous ballot conducted in 2008 in which the union

had been able to identify a sub-category of staff,

shift testers, and this ballot was confined to individu-

als within that category.

The term "category" is not defined in the legislation

and there has been little case law on the interpreta-

tion of the term "category". However, Section 226A

goes on to provide that the lists and figures supplied

by the union must be "... as accurate as is reasona-bly practicable in the light of the information in the possession of the union at the time when it complies..."

Section 226A then provides that information will be

regarded as in the possession of the union

if it is held, for union pur-

poses:

In a document, when in electronic form or

otherwise;

and In the possession or under the control

of an officer of employee of the union.

The Code of Practice on Industrial Action Ballots

gives further guidance on the appropriate categori-

sation of affected employees. It provides that the

availability of data to the union is a legitimate factor

in determining the union's choice as to categorisa-

tion.

Most importantly in the EDF case, the Judge focused

on the requirement that the lists and figures pro-

vided by the union be as accurate as reasonably

practicable "in the light of the information in the union's possession". The union's main line of defence

was that we had relied upon our membership

database in categorising the affected members as

"Engineer/Technicians", and that no other informa-

tion was in our possession for the purposes of the

statutory notification requirements.

The Judge concluded that the words "in the light of”

did not mean that the union's obligation was

restricted to the provision of information which was

in our possession. In other words, in a case such as

this where the balloting constituency was relatively

small, the Judge concluded that the union was under


3 NEXT BRANCH MEETING: TUESDAY 20TH OCTOBER 2009, 1700 HOURS:






an obligation to make further enquiries as to the trades of the members concerned. He was not per-

suaded by the argument made on the union's be-

half that it was obvious to EDF Power link that the

balloting constituency was actually all members em-

ployed at the three sites. However, since the High

Court injunction the union has applied once

more for permission to appeal to the Court of Ap-

peal but this was refused. In response to this, and in

order to exhaust all domestic avenues, we have

appealed against this decision and asked for it to be

reviewed at an oral hearing. This is likely to be heard

by the Court at the end of January. If the application

is declined again, there is no further avenue to

progress the issue within the UK judicial system.

However, if our appeal is heard by the Court of

Appeal and is then unsuccessful at that level, it

would be necessary to proceed with an application

for permission to appeal to the Supreme Court, and

then argue that appeal if such permission is granted.

If, however, permission is refused at any stage, then

the union‟s only option would be to pursue an

application to the European Court of Human Rights

in Strasbourg, if we so wish.

Our solicitors are of the view that, bearing in mind

recent positive decisions from the Strasbourg Court,

there are prospects of success if the matter can be

considered by the Court under Article 11 of The

European Convention. There are already decisions of

the International Labour Organisation‟s (ILO)

Committee of Experts which condemn the pre-ballot

notification procedure in the United Kingdom. The

essence of the criticism is that the identification of

the balloting constituency is a matter of internal

union democracy and should not provide an oppor-

tunity for challenge to the validity of the ballot by

an employer. Where there is an existing ILO

Committee of Experts decision criticizing a particular

requirement of national law, the Court is more likely

to find an unjustified infringement on Article 11.

That is the case here.

A national Network Rail Rep‟s meeting was held at

Union Headquarters, Unity House, on the 7th Janu-

ary 2010, and considered, amongst other things,

the ripping up of Terms & Conditions (Rosters and

adherence to PTR&R established agreements), pay,

1500 job cuts, and new T3 Possession Rules.

It was decided to launch one national campaign to

counter this all-out attack by Network Rail on our

members. The Council of Executives will be consid-

ering the views stated from the shop-floor and co-

ordinate action shortly.

LOBBY PARLIAMENT– NETWORK

RAIL: PUT SAFETY FIRST!

Wednesday January 27th 2010

12:30- ASSEMBLE WESTMINSTER TUBE

14:15- RALLY (COMMITTEE ROOM 14,

HOUSES OF PARLIAMENT)

15:30– LOBBY YOUR M.P.

JOIN THE RALLY!!!

EARLY DAY MOTION (80)- TABLED BY LINDA

RIORDAN, MP, IN SUPPORT:

‘That this House notes the decision of Network Rail to an-

nounce the loss of thousands of frontline jobs by Spring

2010; believes that this will mean that in a matter of months

there will be a drop of up to 20% in the number of rail work-

ers carrying out essential inspection and maintenance work;

further believes that these deep and rapid cuts raise genuine

and urgent concerns as to whether Network Rail will be able

to ensure the safe and efficient running of the railway, in-

cluding the adequate inspection and repair of track, signals,

overhead lines and other infrastructure; is deeply concerned

that Network Rail is failing to consult the Trades Unions on

the safety implications of the proposals; further notes that

the cuts are in part due to the fact that the economic rail

regulator , the Office of Rail Regulation (ORR), has asked

Network Rail to make efficiency savings of up to 21% over

the next five years; is further concerned that because the

ORR is both the safety and economic regulator it will be dif-

ficult for an objective view to be taken as to whether the

safety of passengers and workers will be put at risk; believes

the cuts cannot be justified; and calls on the Government to

use its power as primary funder of Network Rail to intervene

to ensure that Network Rail directors put safety first’


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THOUGHT

FOR THE MOMENT

You will not be able to stay home, brother.

You will not be able to plug in, turn on and cop out.

You will not be able to lose yourself on skag and skip,

Skip out for beer during commercials,

Because the revolution will not be televised.

The revolution will not be televised.

The revolution will not be brought to you by Xerox

In 4 parts without commercial interruptions.

The revolution will not show you pictures of Nixon

blowing a bugle and leading a charge by John

Mitchell, General Abrams and Spiro Agnew to eat

hog maws confiscated from a Harlem sanctuary.


The revolution will not be brought to you by the

Schaefer Award Theatre and will not star Natalie

Woods and Steve McQueen or Bullwinkle and Julia.

The revolution will not give your mouth sex appeal.

The revolution will not get rid of the nubs.

The revolution will not make you look five pounds

thinner, because the revolution will not be televised,

Brother.

There will be no pictures of you and Willie May

pushing that shopping cart down the block on the dead

run,

or trying to slide that color television into a stolen ambu-

lance.

NBC will not be able predict the winner at 8:32

or report from 29 districts.


There will be no pictures of pigs shooting down

brothers in the instant replay.

There will be no pictures of pigs shooting down

brothers in the instant replay.

There will be no pictures of Whitney Young being

run out of Harlem on a rail with a brand new process.

There will be no slow motion or still life of Roy

Wilkens strolling through Watts in a Red, Black and

Green liberation jumpsuit that he had been saving

For just the proper occasion.

Green Acres, The Beverly Hillbillies, and Hooterville

Junction will no longer be so damned relevant, and

women will not care if Dick finally gets down with

Jane on Search for Tomorrow because Black people

will be in the street looking for a brighter day.


There will be no highlights on the eleven o‟clock

news and Jackie Onassis blowing her nose.

The theme song will not be written by Jim Webb,

Francis Scott Key, nor sung by Glen Campbell, Tom

Jones, Johnny Cash, Englebert Humperdink, or the Rare

Earth.


The revolution will not be right back after a message

bbout a white tornado, white lightning, or white peo-

ple.

You will not have to worry about a dove in your

bedroom, a tiger in your tank, or the giant in your toi-

let bowl.

The revolution will not go better with Coke.

The revolution will not fight the germs that may cause

bad breath.

The revolution will put you in the driver‟s seat.

The revolution will not be televised, will not be tele-

vised,

will not be televised, will not be televised.

The revolution will be no re-run brothers;

The revolution will be live.

GILL SCOTT HERON, MUSICIAN AND

SPOKESMAN FOR A GENERATION


5 NEXT BRANCH MEETING: TUESDAY 17TH JANUARY 2009, 1700 HOURS:



RMT warns of serious risks to safety

over plans to cut tube line inspec-

tions

TUBE UNION RMT today warned of serious risks to

public safety as it emerged that track safety patrols

on the Jubilee Line Extension are to be cut from twice

weekly to just weekly in a move which may be ex-

tended across the Piccadilly, Northern and Jubilee

Lines.

The halving of the frequency of safety inspections on

the line is in contravention of current safety standards

laid out for the whole of London Underground and as

a result Tube Lines, which is responsible for the sec-

tion of track, has applied for a formal concession to

release them from current agreed safety procedures.

RMT are pointing to the move to halve safety inspec-

tions as clear evidence that claims by Mayor Boris

Johnson that the £5 billion black hole facing TfL will

not result in front line cuts are nonsense.

Bob Crow, RMT General Secretary, said:

“We have warned all along that the multi-billion

pound black hole facing TfL, and the financial chaos

at Tube Lines, would result in real service cuts and

would impact on safety and reliability. We now have

concrete evidence that our fears were well founded.

“The shift of policy from twice weekly to weekly track

safety inspections is one that RMT will fight. There is a

very real danger that if Tube Lines are able to rip up

existing safety agreements and standards on the Jubi-

lee Line that the rest of their tracks will follow with

dire consequences for jobs and passenger safety.”

LESSONS TO BE LEARNED...?

Yet again many members, particularly within the

most affected Grade, that of Shift Leader, are greatly

disappointed and feel let down by the fact that no

sooner have they settled in and established them-

selves, that the job they worked hard and long for

has suddenly been withdrawn like a rug beneath their

feet. So: perhaps it should be remembered in future

that however hard you work, however much you give

them for nothing, however much you let them take,

they will ALWAYS keep coming back for a little bit

more. Because they see they can!

THEY WILL NOT BE GRATEFUL FOR IT NOR TREAT

YOU WELL THROUGH GRATITUDE.

If we do not fight for our rights then they are NEVER

guaranteed; give them what they want for nothing

and it will never be enough!!!

IT HAS BEEN SUGGESTED TO THE BRANCH that the true

reasons for the recent NXEA Revenue Protection re-

organisation (the second in eight months!) is the result of a

cynical Public Relations job. This is because, the Depart-

ment having failed to win an Industry-recognised „Investors

In People‟ Award last year on account that staff complained

that managers were „invisible‟ and thin on the ground, the

Department was re-organised last March to create a whole

new tier of 6 Duty Managers and twice that number of Shift

Leaders (Supervisors). This immediately created a far more

„visible‟ management, and lo-and-behold! within the year

the Department had won this IIP Award on the next at-

tempt. Is it, we have been asked, purely coincidence that

within the week of the Award being granted, the latest re-

organisation was announced that then removed the Shift

Leaders that were so crucial to winning the IIP Award, and

the only winners, oddly enough... Were the Managers!!!

CARRY ON REORGANISING!!!


6

RMT PRESIDENT

THIS BRANCH’S NOMINATED

CANDIDATE WILL BE THE NEXT




ELECTED:

ALEX GORDON

TRAIN DRIVER Alex Gordon. Of Bristol rail branch, and Presidential nominee of East London Rail Branch, has

been elected to serve as the President of RMT, Britain‟s biggest specialist transport union, for the coming

three years.

In the postal ballot that closed today Bristol-based Alex, who will take up office in January, beat four other

candidates and replaces John Leach, a London Underground worker whose term of office ends at the close

of the year.

RMT‟s President is the most senior lay official in the union, whose responsibility is to uphold the union‟s rule-

book and to preside over meetings of the union‟s executive bodies, including the sovereign annual general

meeting.

“Alex Gordon is a highly respected RMT activist who has served his union at all levels, from the all-important

local rep to the union‟s executive, and I know he will make an excellent President,” RMT general secretary

Bob Crow said today.


7




Recruitment Officers Report:

Derrick Marr was out on Recruitment week,

four days out of the five.

Figures will be ready for the December Full

Regional Council Meeting. 16 new mem-

bers in Kings Cross Branch Area. Successful

Recruitment for Kings Cross and St Pancras.

LOROL- 29 members left of which 15 were

Guards.

All BRANCHES to select between now and

March for the Recruitment Plan (one day

per Branch). All Branch Recruitment plans

to be emailed to the Regional Council Sec-

retary and Recruitment Officer.

Regional Organizers Report:

EWS Dagenham Dock, Purfleet , and Ripple

Road, the A‟ Grades and B‟ Grades all to be

downgraded to B‟ Grades

Secretary’s Correspondence:

AGM for 2010 is being held at Aberdeen

and 2011 at Fort William, now seeking a

venue for 2012. This is to be discussed at

the Full Regional Council Meeting in De-

cember.

Retired Members Section Report:

New young Retired Members not attend-

ing, delegates not being nominated. Ap-

peal to London Midland Retired Members

Branch Social will take place on Wednesday

16th

December 2009. Posters emailed to all

London & Anglia Regional Council mem-

bers.

Resolution:

General Secretary makes available of all

members receiving Pension Benefit.

Reports from Officers and Delegates:

S Smart; update on Network Rail Phase 2bc

discussions. Phase 2bc meetings will con-

tinue up to mid January 2010

Resolution: D Jabbar; to bring MOM‟s in

the Signalers' Conference as they cover

Signalman.

Comrades, brothers and sisters: The following are “urgent” matters for the information of the Executive Committee:

General Grades

Monday 28th December 2009 – The GGC has had a report that Southern are not going to honour the replacement public holiday in terms of premium payment etc as the actual Boxing day falls on a Saturday. If any other companies are in this position reports will need to be sent up to the General Grades Committee (GGC) ASAP if any action is to be taken.

Network Rail Maintenance Pay – the long running 2009 pay settlement was voted on by members who massively voted in favour of the revised proposals on a scale of 10 to 1.

Network Rail Reorganisation – Members are being updated via text, email and on the website on all of the developments. Our Coordinators and Senior AGS are fully involved in the consultations and negotiations and regular reports are given to the GGC who in turn are meeting regularly with the Reps. My view is that RMT has to crystallise the many and complicated issues into a straightforward policy brief that our members can rally around and defend if we need to go to a ballot.

London Midland Pay – A 2-year deal has been proposed, the offer for 2009 is 1% from April and 1% from November with a £350 minimum. For 2010, the offer is 1.5% or RPI staged again as 1% in April with 0.5% in November, again with £350 minimum. However the Company Councillors have rejected the offer and re-quested a ballot for strike action. The matrix has been prepared and this goes out shortly.

Carlisle Cleaners – Eurostar Contract – we have a new set of proposals that may resolve the dispute. The rate will move to £7.40 in December and 13 months later to £7.68 which is a big step towards the London Living Wage. This will go to the GGC this week and then for consultation to members.

Council of Executives

High Court Judgement - we recently had another negative judgement in the High Court in relation to ballots which may throw into question our balloting practices and procedures. We await the full judgement this week and the CoE will than consider next steps.

This is not an urgent matter but one for the future. Two Regional Councils (Midlands and London Transport) have sent resolutions up asking for a second Regional Organiser due to workload. These are likely to be declined by the CoE on the basis that we can’t review one region in isolation and that resources and workload have to be reviewed on a national basis. But it may pay this R.C. to keep an eye on this issue given our membership and geographical layout. I believe that we too would have a reasonable case and I believe we should look at putting to-gether a brief on this issue to influence the coming debate.

Our Council of Executives’ member, Bro. Michael Lynch’s Report to the London & Anglia regional Council Executive Com-

mittee on the 2nd November 2009


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PHONE: 0207 7529 8835

Newsletter: December, 2009

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Transcript of Newsletter: December, 2009