RMT to ballot for industrial action across FGW

[whole diary]

[LiskeardRich]

The below is a quote from member "Exeter" on Rail Forum. Appears to be a direct quote from the Strike Documentation

Posted without comment.............



For months RMT^▸ (National Union of Rail, Maritime & Transport Workers) has been in dispute on a range of issues impacting on First Great Western members including:

^ a disproportionately high number of unfair dismissals

^ abuse of the disciplinary procedures across the franchise as a means of bullying staff

^ the breakdown in industrial relations for Engineering, Station & Ticket Office grades

^ casualisation and the continued use of agency staff

^ a range of associated matters where First Great Western are treating staff abysmally



As a result of the failure to reach any sort of agreement due to management intransigence, RMT^s executive has taken the decisions to link the combination of issues together and ballot all FGW^▸ (First Great Western) members for industrial action. That ballot is now in preparation and the timetable will be announced in due course.

RMT General Secretary Bob Crow said:

^RMT FGW members have had enough of being kicked from pillar to post and management should be under no illusion that unless a satisfactory agreement is reached on all of these issues the union will continue with a campaign of industrial and political action until such time as the collapse in industrial relations is resolved.

^With First securing a highly lucrative extension to their Great Western contract last week there is no excuse for them to blame the failure to reach agreement on the uncertainty over the franchise. It is also clear as day that they have the money available now to employ adequate numbers of permanent staff and to treat them with dignity and respect in every workplace.

^Despite the award of the franchise extension, and despite the best efforts of RMT^s negotiators, there had been a further deterioration of industrial relations between RMT and First Great Western and the stack of issues we have identified amount to a catalogue of contempt that the company is clearly displaying for its most important asset ^ its staff.^

The detailed issues identified by RMT^s General Grades Committee at the heart of this dispute are:

Dismisals

^This General Grades Committee is appalled at the continuing draconian application of the disciplinary policy by the company which amounts to a ^one strike and out^ policy by First Great Western. The manner in which First Great Western has deemed fit to apply the disciplinary procedure is both draconian and insensitive. The actions of First Great Western have instilled a climate of fear amongst its employees and the union will not tolerate the bullying agenda of the company.

Further, it is acknowledged by the General Grades Committee that as a direct result of the solidarity and support shown by our FGW members the company has, in many cases, reinstated the dismissed members. However, the stress and anxiety endured by our members and their families during these difficult periods has long lasting effects.

Disciplinary Procedure

In addition to the current spate of unnecessary dismissals the union has extreme concerns regarding the approach of the company towards the disciplinary procedure which brings into question both the fairness and legitimacy of the process. There are many cases of members being placed on investigatory suspension for in excess of twelve months, a delay the union finds to be completely unacceptable.

The methods used by First Great Western as part of their investigations consist in some cases of the use of covert surveillance. These methods to collate evidence as a means by which to dismiss our members are a disgraceful infringement of agreed procedures.

Breakdown of Industrial Relations, Engineering Grades

This General Grades Committee notes with concern the industrial relations issues currently being experienced by our members at both St Philips Marsh and Old Oak Common depots. These matters include:

Unacceptably high levels of vacancies.
Dependence on overtime/rest day working.
Shifts running below agreed minimum staffing levels.
CCTV^▸ (Closed Circuit Tele Vision) and COVERT monitoring of staff at the depot including concealed video recording devices.
A raft of risk assessments out of date.
H&S^▸ (Health and Safety) Reps not being informed of workplace accidents and not being included in completing 72 hour reviews of incidents in breach of agreements.
Local A/L agreement ignored by management.
Local managements refusal to negotiate or consult in good faith with reps on any outstanding issues displaying a complete disregard for this union, our members, collective bargaining machinery and agreed policies and procedures.

Further, the General Grades Committee note that our members are currently in dispute with the company over the erosion of terms and conditions at St Philips Marsh depot and it is our concern that the company are now attempting to implement this dictatorial policy company wide.

Bullying & Harassment of RMT Representative, Brother ......................

The General Grades Committee condemns the actions of the company in its treatment of Brother .............. a senior RMT activist and stalwart of the union based at ................... Instead of entering into meaningful negotiations to resolve the dispute situation the company has instead elected to refuse release for Brother ................to attend meetings to represent the membership and from undertaking vital health & safety duties. The union does not tolerate, under any circumstances, the bullying and harassment of either our members or representatives.

Breakdown of Industrial Relations, Station and Ticket Office Grades

The General Grades Committee notes with concern the following and frankly farcical number of avoidance of dispute issues currently within the Station Grades Divisional Council:

Failure to harmonise Station Grades rates of pay and Terms and Conditions.
Imposition of stations searches beyond the HOT requirement.
Single staffing of gate lines, contrary to the original agreement that electronic gates would be at least double staffed.
Breach of the agreements over Bath Spa gate line.
Increasing use of zero hour contracts.
Use of Apprentices on zero hour contracts.
Increased use of agency staff without following the agreed procedures.
Introduction of discounted tickets for online bookings and failure to consult.
Introduction of mobile ticketing outside of the agreed procedures.
Self Dispatch at Didcot Parkway.
Cross Cover working.
Self dispatch signage at Tiverton Parkway ^ failure to jointly consult.
The introduction of Smart Ticketing on the Truro /Falmouth Branch line.
Establishment levels and budget levels.
New Technology payments.
Failure to supply adequate PPE.
Risk Assessments done without H&S Reps.
Expansion of S7 grades (dual roles).
S7 Grades carrying out 3 roles.
A reduction in staff at Swindon gate line.
Shortage of customer assistance staff at Bristol Temple Meads.
Failure to consult or follow procedures and agreements.
A Breakdown in Industrial Relations over all these issues.


In addition to the numerous stations issues being faced by our members, the GGC condemn the decision of the company to increase ticket fares by 11 per cent on ticket office sales which this union considers to be a direct threat to both the jobs and security of our ticket office members. This development is the McNulty Rail Review in action and a solely profit motivated directive.


Catering Issues of Class 180 Trains, Paddington

The General Grades Committee requires categorical written assurances from the company that the on board Rail Gourmet contract will not be extended beyond 13th October 2013. It is our clear view that all on board catering should be provided by a directly employed workforce. In the case of class 180 services, we additionally seek assurances that the buffet facility will be utilized and will form the replacement of the current trolley service.

Casualisation of Labour

The extended use of both agency and contractor staff such as MITIE, G4S and Rail Gourmet is becoming an ever common objective of First Great Western in its continuous pursuit of profits. The casualisation of the workforce cannot be allowed to spread throughout all grades of the industry and the union will resist casualisation at all levels. The reality of doing nothing would allow both First Great Western and its agency/contractors to implement the wholesale erosion of terms and conditions, less job security and ever diminishing safety levels.

[ChrisB]

Introduction of discounted tickets for online bookings and failure to consult.

Excuse me?....this is a purely commercial decision surely? I'm guessing they're worried about job losses through far more online sales? Really? How many advances were being sold at ticket offices vice online? Surely the vast majority were already online purchases & This will affect ticket office sales minutely?

FGW^▸ (First Great Western) actually did this to try and reduce sales through *other* online portals (specifically TrainLine), and not to draw sales away from ticket offices

As I said earlier - more jobs for the boys by requiring catering being run in-house (and unionised, I bet!) rather than contracted out. Supplying catering is not a rail-related job....and to require buffets on the 5 180s to be staffed vice having no catering (currently) surely is an operators choice?

[JayMac]

It may be something of a scattergun approach from the RMT^▸ (National Union of Rail, Maritime & Transport Workers), but I have to concede that this 'document' (I suspect it's the reasons for the ballot, given by the RMT to its members) does contain more serious issues than ticketing retailing and catering.

And for balance, whilst there's no reason to doubt the document's veracity, it isn't yet attributed officially to the RMT.

[SDS]

Response from Dan Panes on behalf of Mark Hopwood to all FGW^▸ (First Great Western) staff.

FASTLINE: Our response to the RMT^▸ (National Union of Rail, Maritime & Transport Workers)^s call for strike action
You may be aware that the RMT recently let us know that it intends to ballot for strike action over a number of issues where it believes we are in dispute.

We are disappointed in the union asking its members who work for FGW to take strike action before discussions to resolve these issues have not yet run their course through the agreed processes.

We have provided written responses and proposed solutions months ago to many of the issues raised, which are without foundation and we have yet to receive a reply from the RMT.

I would like to specifically outline our position on some of the key points raised in the RMT^s letter to us.

Dismissals and discipline ^ These matters were discussed at an avoidance of dispute meeting with the RMT Regional Officer in August. The outcome of this meeting was confirmed in writing on the same day, but we have yet to receive a response. The only two cases where the RMT has asked people to take strike action over a dismissal during this franchise have been fully upheld by Industrial Tribunals.

Breakdown of Industrial Relations ^ Engineering Grades ^ We are not aware of any breakdown in industrial relations. After three years of discussions on new Shunter rosters at St Philips Marsh, RMT representatives have refused to agree a roster in accordance with their terms and conditions ^ a breach of our agreements. We have in turn provided multiple roster options that are within agreements and are progressing with the implementation of one of these options. We are waiting a response to a letter we sent the RMT Regional Officer at the beginning of August about harmonisation at Exeter and Reading depots.

Bullying and harassment of an RMT representative ^ While it is true that we are investigating two grievances as part of our agreed procedures, neither grievance has alleged bullying or harassment.

Breakdown in Industrial Relations Stations and Ticket Office Grades ^ Again, we are not aware of any breakdown in relations. These matters were covered in our meeting with the RMT Regional Officer at the beginning of August, the outcome was confirmed in writing to the RMT but we have yet to receive a response. We are waiting for a response to our meeting with the RMT about stations harmonisation on 2 September 2013.

Catering Issues of Class 180 Trains, Paddington ^ We have given a commitment to look at the options for bringing in house the catering services provided on Class 180 units.. On Train Divisional Council are fully aware of this and have not had any issues with these plans.

Casualisation of Labour - We invited proposals from the RMT Regional Officer at our Company Council meeting in March. We have yet to receive any.

Given the timing so close to the start of our new franchise, the RMT's stance risks giving the impression that they are more interested in playing political games than having sensible, constructive conversations about resolving those issues for their members and our colleagues.

We look forward to hearing whether the RMT will respond to and take up our open offer to discuss these issues properly, as per our agreed processes.

[LiskeardRich]

Is a strike legitimate if the Unions haven't followed correct procedures and channels as alleged in this letter by Dan Panes?

[Network SouthEast]

As an example the fight against Driver Only Operation on parts of the Overground appears positively luddite when a) DOO^▸ (Driver-Only Operation (that is, trains which operate without carrying a guard)) has been an accepted part of suburban railway operation for over 30 years, b) it already is in place on other parts of the Overground and c) is being extended in the Glasgow area without any issues. Not only is it more efficient, and releases staff to perform more effective customer facing duties, it apparently reduces dwell time, which would be beneficial both to journey times and overall line capacity.

A bit of a simplistic view John.

There have been industrial relations issues in Scotland generally regard recent DOO extensions.

The was an agreement on London Overground not to further extend DOO. The decision to remove guards ultimately lay with LOROL^▸ (London Overground Railway Operations Ltd) rather than TfL^» (Transport for London - about), as LOROL did not have to remove them (although the next concession could have had their hand forced by TfL).

Has DOO been a success in suburban areas? A train was trashed on the Greenford line this morning by vandals. After a period of time people know there's no one around other than a driver. And that's when the problems start.

DOO making dispatch faster is also a complete myth, a driving having to use a dirty mirror on a platform, or a set of monitors with a tiny picture means the driver takes longer to be sure it is safe to close the doors, whereas a guard is able to be at the most appropriate part of the platform and also has a better view generally.

DOO doesn't improve customer service. Who sells tickets to those boarding at unmanned stations? Who provides information on onward connections when there is service disruption? Who provides assistance to help people who need help to get on and off the train? A guard, that's who. All DOO does is improve the bottom line. The money used to pay guards doesn't get spent on other staff, nor does it get fed back to passengers through lower fares.

[ChrisB]

Is a strike legitimate if the Unions haven't followed correct procedures and channels as alleged in this letter by Dan Panes?

Indeed, very valid. Suspect one purpose of putting this out is yo draw staff attention to the probability of court challenge to the RMT^▸ (National Union of Rail, Maritime & Transport Workers)'s action, should it go ahead.

[trainbuff]

Indeed Chris B.
However BOTH views are from opposing views. Both have validity I am sure. The truth probably lies somewhere between the two. I understand many on this forum do not believe what the RMT^▸ (National Union of Rail, Maritime & Transport Workers) says. In some cases maybe with good reason. However is it correct to assume that all that a TOC^▸ (Train Operating Company) ,(not just Great Western), says is true?

TOC's have lots of money, relatively, and as that is the case, recourse to the Law is correct if what the RMT says is factually wrong. Or a 'Terminal Inexactitude' as a well known Prime Minister said.  In this case FGW^▸ (First Great Western).

I think time will tell.  But of course it is the members of the RMT working for the FGW that will have to decide.

I am also conscious that IF the ballot goes against FGW and less than half of the members vote 'YES' for action, we will here about how only a certain percentage......less than 50%.....voted for it. Could well be true if the turnout is say 50% and of  those only 80% voted YES. That would be only 40% voting for industrial action. I am sure that any Political party would love to get 40% of the vote for Parliament. It would be a landslide for that Party!

Lets hope a resolution, satisfactory to each party, can be reached before any ballot or indeed action takes place