« National Express focused on rail bids despite lower profits, cost rises | Main | Defeat for government over corporate killing »

Successful resolutions from 2006 Conference of Traincrews and Shunting Grades

RMT Circular No. IR/0216/06: September 27, 2006

Dear Colleagues,
Please be advised that all successful resolutions from the above conference have been considered by the General Grades Committee.

All such resolutions are now given below together with the General Grades Committee's decision on each one. Please note that in all cases, I have already taken the necessary steps to expedite the General Grades Committee decisions.

1. Driver Sickness Reporting - First Great Western

"This conference expresses its concern over the agreement between ASLE&F and First Great Western to outsource its sickness management for Drivers.

"This conference places on record its determination that this practice will not spread to other traincrew grades.

"Within First Great Western we have an ever growing driver membership and our members are not happy with this agreement and need our protection.

"As no agreement exist between First Great Western and RMT, we call on the General Secretary to raise this issue with First Great Western and inform them that our RMT driver members will not comply with this practice and they will be instructed to both when resuming duty and giving notice when unfit for work, via the resource centre as was the previous arrangement.

"Any attempt to discipline any of our driver members will be regarded as a very serious act."

General Grades Committee Decision:

"That, in line with the Conference resolution, we instruct the General Secretary to inform the Company that this Union opposes this procedure and that no agreement exists between us. Further, the General Secretary is instructed to write to relevant Branches seeking reports of any problems or disciplines emanating from this policy and to place this back before the General Grades Committee by second week in October."

2. Harmonisation of Pay and Conditions

"This Conference notes that with the fragmentation of the railway, terms and conditions of traincrew and shunting grade members have altered to such an extent that there are large differences in pay and conditions between companies, meaning that when franchises are merged or altered, there is a difference in pay and conditions between members of the same grade within the same company.

"This Conference states that such a situation is unacceptable, and calls upon the Council of Executives to set a realistic timescale to complete harmonisation of pay and conditions within each affected company, such a timescale must take into account the current status (if any) of harmonisation talks.

"This Conference remains committed to a national pay structure and national collective bargaining."

General Grades Committee Decision:

"That we endorse the sentiments of the Conference resolution and accordingly we instruct the General Secretary to take this matter up ensuring that any harmonisation process protects existing terms and conditions."

4. Evacuation of Underground Lines

"This Conference deplores the terrorist attacks on London on the 7 and 21st of July 2005. We applaud our members and the emergency services role in saving lives and evacuating the network.

"This Conference notes that during the second wave of terrorist attacks on LUL on July 21st, management only closed 3 underground lines and left the rest of the tube system running as normal. We further note from discussions with senior LUL management that a Government security committee, COBRA, were taking operational decisions out of London Undergrounds hands.

"This Conference believes that unless complete evacuation of the tube system is carried out then the unsafe practice of train operators and other staff evacuating themselves or being left in a position of extreme danger is likely.

"This Conference demands that LUL negotiate robust safety procedures with this union which allows the safe evacuation of the whole network at the first sign of a terrorist attack. And that the system remains shut down until the entire combine has been swept and given the all clear by relevant personnel."

General Grades Committee Decision:

"That this General Grades Committee fully endorses the contents and sentiments of this resolution. Additionally, we link this to file 'Terrorist Attacks, LUL', P20/1."

5. OTMR - First Great Western

"This conference is extremely concerned that our driver members are open to potential bullying and harassment by managers who are using the OTMR as a weapon to intimidate drivers.

"It would appear that certain drivers are being 'downloaded' on a regular or even on excessive occasions.

"It is not hard to see that this could place our driver members under continual threat and monitoring.

"Only the ASLE&F were party to the consultation and implementation of the OTMR and many drivers are expressing concerns over this issue. ASLE&F also agreed to all the conditions of acceptance and NOT the RMT, with an ever growing driver membership any previously agreed conditions need to be tabled to the RMT.

"We call on the General Secretary to open up talks with First Great Western to put our concerns and also ensure that the company is aware that the RMT will vigorously defend any member found to be on the wrong side of this potentially serious problem."

General Grades Committee Decision:

"That we instruct the General Secretary to write to the Company seeking a meeting to discuss its policy on the use of OTMR and to seek assurances that any downloads are always disclosed to the employee and that use in disciplinary procedures is strictly limited to 'for cause' post incident purposes. Further, we seek clarification on exactly what is recordable through the apparatus in an attempt to eradicate or alleviate the growing "harassment and potential bullying" of our members.

This matter to be placed back before the General Grades Committee by second week in October."

6. Harassment of Guards re fraud investigation

"This Conference notes that a significant number of guards on South West Trains were subject to harassment and uncalled for disciplinary action on the basis of a fraud investigation. Whilst the real failure was with SWT's fraud audit systems, guard members were used as scapegoats in this case, with members suspended from duty for long periods, some on the basis of little more than vague rumours that they may have had "suspicions" about the behaviour of others.

"Whilst we cannot defend open criminality we believe that our members have the right to be treated fairly and consistently in all investigations. In particular we oppose the continued policy of SWT to refuse to allow members to be represented at "fact-finding" interviews despite legislation allowing members such a right.

"This Conference calls on the General Grades Committee to endorse action to ensure that members are fully protected throughout the disciplinary process."

General Grades Committee Decision:

"That we instruct the General Secretary to take this matter up in line with the Conference decision and to write to SWT management seeking its assurances that it will allow representation at any investigatory/fact-finding interviews in line with leglisation. SWT's response to be placed back before this General Grades Committee by second week in October."

7. Reduction in staff trains

"This Conference notes that since privatisation there has been a gradual withdrawal of night-time staff trains by operating companies only replacing them where necessary with occasional taxis for their own members of staff. Particularly in the London area this has worked to the disadvantage of train crew who live in one TOC area but work in another and have thereby been deprived of travel to work facilities that used to be provided as of right by British Rail.

"This Conference believes that when TOCs expect train crew to book on to work early turns before the start of normal transport services the TOCs have a duty to provide some form of free (and tax free) transport, in line with the former conditions and calls on the General Grades Committee to support campaigns at company level, including by industrial action where necessary, to achieve this aim."

General Grades Committee Decision:

"That we instruct the General Secretary to take this matter up with all Train Operating Companies with a view to achieving the aims of the Conference resolution or at the very least reinstating the old Blue Book conditions of service appertaining to the withdrawal of train service. This matter to be place back before this General Grades Committee by second week of October."

E1. TSSA Single Union Deal - EWS

"This Conference notes with grave concern that EWS(I) Management informed our Groundstaff Representatives in Bristol on 20 March 2006 that a new groundstaff grade of "Operations Supervisor" had been negotiated with the TSSA.

"EWS further informed our representatives that it is their intention to replace current Groundstaff Grade A, Yardmaster Grade and some Groundstaff Grade B posts (3 grades that RMT have sole negotiating rights for) with the new "Operations Supervisor" Grade, for which the TSSA will have sole recognition.

"EWS management having effectively derecognised our reps for the past year are now trying to split groundstaff between two unions in order to make it very difficult to have effective industrial action.

"If RMT Officers have been aware of this development for some time, but have not brought this to the attention of our members and representatives, then it is a totally inadequate response to the continuing industrial relations crisis for EWS members. At the very least our EWS members require urgently a monthly newsletter reporting on latest national and local industrial relations developments to be sent as a personal mailing to all EWS members' homes.

"We call on the General Secretary to seek an immediate undertaking from TSSA that they are not, in fact, negotiating new job titles, with a single union deal, for grades that perform work currently carried out by RMT members.

"If such an undertaking is not received, the General Secretary to seek a recall of the TUC joint rail unions meeting to examine the EWS industrial relations crisis."

General Grades Committee Decision:

"That, in line with the Conference decision, we instruct the General Secretary to take this matter up with the TSSA and place a report back before this General Grades Committee by the second week in October

E2. RMT driver members

"The Traincrew Grades Conference recognises that there is a need to raise the RMT profile at all locations where there are driver members. More information needs to be sent to these members directly from Unity House, Company councils and organisers and some system of local contact with activists is necessary. All RMT drivers should be involved directly when there are major negotiations at Company council level and their views should be sought so that the Union can have its own policy and agenda at these meetings."

General Grades Committee Decision:

"That we note and endorse the sentiments of the Conference resolution and note that there has been a recent publication of the 'RMT Train Drivers' Charter'.

We instruct the General Secretary to reconvene a meeting of the Train Drivers' Organising Committee and to ensure that this Union is represented at all train drivers' negotiations in the future."

E3. Preparation of Units Prior To Service

"This Conference condemns Northern Rail's blatant disregard of safety procedures and the Rule Book when ordering a unit out into service from a maintenance depot with a failed door locked out of use because there was a shortage of units. Such actions are a clear case of profit being put before safety by the largest train operating company in the land and endangers the travelling public as well as the traincrew grades working the train. This Conference can only imagine the pressure put on the depot-based train preparers to let the unit go, and condemns Northern Rail for placing train preparers in an untenable situation.

"This Conference urges the Council of Executives to join this Conference in condemnation of this incident and to instruct the General Secretary to inform Northern Rail and all other Train Operating Companies that this Union will not tolerate corporate violations of thee Rule Book, and future violations of operating procedures will result in a dispute situation with a ballot of all traincrew and train preparing grades for strike action."

General Grades Committee Decision:

"That we fully endorse the sentiment of the Conference resolution and accordingly we instruct the General Secretary to write to all Train Operating Companies outlining this Union's concerns and warning them that any recurrence of this nature will result in the strongest actions being taken by this Union."

E4. Dispatch of 377 Electrostar Units, Southern Trains

"Despite an agreement with this Union, Southern have enforced a revised dispatch procedure of trains upon our members germane to this conference. The revised procedure leaves the Guard with no method of being able to keep a safe lookout whilst the train is moving away from a platform. Added to this the Driver also has no view.

"By their own admission Southern have admitted that there have been at least two serious incidents, one which includes an incident involving an Electrostar 377. However, it is their view that they amount to acceptable risks.

"The revised method of working has never been risk assessed with the involvement of this Union and therefore been forced upon our members. Despite protests at the obvious reduction in the safety Southern management have bullied and intimidated our members to force trough this revised procedure.

"This Conference condemns the actions of Southern in the dumbing down role of the Guard. We believe that by allowing this to go unchallenged places the future role of our members vulnerable as the management strive to achieve their aims of complete DOO working.

"We call upon the Council of Executives to immediately enter into a dispute with Southern over this issue. We demand a ballot of our Traincrew members for industrial action to defend their role and also to protest at the complete disregard and obligations that they have to this Union in relation to the implementation of new working procedures."

General Grades Committee Decision:

"That we endorse the strength of feeling portrayed in the Conference decision and instruct the General Secretary to seek an update report from the Lead Officer and Company Council which must address the issue of the feeling within our membership to take industrial action over this issue. This matter to be placed back before the General Grades Committee by second week in October."

E5. Dismissal - C Downs, Guard, Southern

"Six years ago the biggest Parliament of this Union decided that any company that persisted with the MFA procedures would be in dispute with this Union.

"On Friday March 24th Sister Chrissie Downs a Conductor at Brighton and a member of Brighton Joint Branch was dismissed under such methods. To make matters worse, at the hearing where this decision was made she was informed that she was not entitled to representation only accompaniment.

"Six years on from the clear instructions given to the leadership of this Union the goalposts have been widened even further by Southern and we are yet to hear the merest whimper of a response from our leadership.

"This Conference therefore condemns the total lack of activity by the past and present leadership over this matter. We further condemn the leadership past and present who have for reasons best known to themselves totally ignored and disregarded policy adopted by this Union under its Rules.

"We demand that they immediately enter into dispute with Southern over this matter and ballot our members for industrial action up to and including strike action.

"We further insist that they carry out the same campaign against any company who persist in dismissing our members under MFA or any other attendance procedure not acceptable to this Union."

General Grades Committee Decision:

"That we note the resolution and the strength of feeling therein. We understand that Sis Downs has been reinstated and instruct the General Secretary to seek an updated report from the Lead Officer on this matter and the views portrayed in the Conference resolution. This matter to be placed back before the General Grades Committee by second week in October."

E6. Gagging of RMT reps

"This Conference of Train Crews and Shunter Grades notes that a recent Bakerloo Train Grades News has led to the Queens Park Train Operations Manager banning the distribution of all RMT information to drivers in their pigeon holes. We also note that that the local reps have been instructed that any information or propaganda for the official union notice case has to be cleared with him before hand.

"This Conference condemns this act of censorship. This union will fight for the human right of freedom of speech and will not accept the gagging of any RMT publications by the bosses. Furthermore if any attempt is made by LUL to victimise any member for distributing RMT material then this union will do everything in its power, including organizing strike action, to defend our right as an independent workers organisation to freely communicate with our members."

General Grades Committee Decision:

"That this General Grades Committee notes and endorses the contents of this resolution. Any attempt by Management to victimise any member for distributing RMT material will not be tolerated and will be resisted using strike action if needs be."

E7. Threat of dismissal following abuse and assaults

"Members of this Branch have been threatened with removal from their posts should they suffer the misfortune of being repeated victims of assault and abuse.

"We find it rather ironic that this practice has occurred since the London Evening Standard's campaign over the unsafe staffing levels of stations and trains, something this Union has campaigned about over many years. By intimidating our members Southern can then produce false statistics in relation to abuse and assaults and hide the true facts.

"The robust defence by the Chief Executive of Southern, Charles Horton, indicates the company's attitude. Reports of abuse and assaults will do no favours to his statistics. Therefore a policy of intimidation and victimisation has been adopted and members now fear the repercussions should they dare to report such matters.

"We call upon the General Secretary to write immediately to Southern and inform them that any further threats towards our members will meet with the strongest response from this Union.

"We further call upon the Council of Executives to ballot for industrial action against any company who victimise our members fro daring to report incidents of assaults and abuse."

General Grades Committee Decision:

"That we note this item was referred to the 2006 Annual General Meeting."

C1. Cuts in services and line closures

"This Conference notes with alarm that rural lines are being threatened with closure and the substitution with bus services in order to cut government subsidies. Instead of responding to overwhelming public demand and renationalising the railway, saving billions of pounds each year, the Government chooses to reduce the subsidy to the privateers by proposing closures of stations in the West of England at the weekend, consulting for line closures under the 2005 Railways Act where retention of existing services is subject to the same cost-benefit-analyses as new builds, and the criteria for "minor changes" being anything but. Such changes will have detrimental effects on all traincrew grades providing the service.

"We reiterate our view that, rather than close lines the best way to save government subsidy is to return the railways to public ownership under democratic control by rail workers and users. This Conference therefore calls upon the Council of Executives to continue the Union's campaign to defend all existing lines from cuts or closure and for no less than complete re-nationalisation of the railway."

General Grades Committee Decision:

"That we note this item was referred to the 2006 Annual General Meeting."

Yours sincerely

Bob Crow
GENERAL SECRETARY