RMT to ballot for industrial action.

[whole diary]

[SDS]

An Email has just been circulated by the RMT^▸ (National Union of Rail, Maritime & Transport Workers)
​20th March 2014

...The RMT will no longer tolerate such contempt towards our membership and therefore I am making the necessary arrangements to recommence the ballot of all our First Great Western members for both strike action and industrial action short of a strike.  Mick Cash Assistant General Secretary

[JayMac]

Reason(s) for the action?

[SDS]

I dont know if the Email that is currently being circulated is embargoed or not. So cant publish it in full.

Skimming over it (The Email).
FGW^▸ (First Great Western) have sacked several reps without following policies.
Sacked other members again without following policy.
Have failed to take agency staff back in-house.
Failure to remove or agree to remove zero-hour contracts.

I will obviously edit this post when and if the Email is published.

[IndustryInsider]

I wonder if Mick Cash will take over the General Secretary's job full time.  With that surname and if boss of a major union, he's a headline writer's dream!

[TaplowGreen]

.....and so it continues - is there ever a time when the RMT^▸ (National Union of Rail, Maritime & Transport Workers) aren't ranting/threatening strike action over something? 

What is it this time? Removal by dastardly imperialist management of second biscuit at fourth tea break?

[broadgage]

I suspect that it is partly due to the recent passing away of Bob Crow.
A cynic like me might suspect that the deputy or interim leadership of the union want to prove that they are as tough as the late leader.

[ChrisB]

Juggling for his job too....

[IndustryInsider]

A cynic like me might suspect that the deputy or interim leadership of the union want to prove that they are as tough as the late leader.

I think in this particular example, your cynicism is perfectly valid.  Bob Crow's profile and 'achievement' list will be a very hard act to follow for whoever becomes the new General Secretary.

[TaplowGreen]

A cynic like me might suspect that the deputy or interim leadership of the union want to prove that they are as tough as the late leader.

I think in this particular example, your cynicism is perfectly valid.  Bob Crow's profile and 'achievement' list will be a very hard act to follow for whoever becomes the new General Secretary.

...........I'm sure there are plenty of dinosaurs forming an orderly queue.

[SDS]

Now FGW^▸ (First Great Western) have responded I can post the original RMT^▸ (National Union of Rail, Maritime & Transport Workers) Email and FGW's response.

BREAKDOWN IN INDUSTRIAL RELATIONS - FIRST GREAT WESTERN
 
Further to the union's correspondence dated the 28th January 2014 with regards to the above matter and in relation to the union's decision to suspend the ballot for industrial action between the RMT and FGW, to allow for further negotiations between our two organisations to reach an agreed and final position on the outstanding issues our members were experiencing difficulties with, which had resulted in a complete breakdown of industrial relations. I can now advise you that an Avoidance of Disputes meeting has been held between your Senior Union Representatives and FGW management where all of the unresolved issues surrounding this dispute were discussed in full. Although some progress has been made on many of the issues, the union remains concerned with the following:
 
Dismissals and Disciplinary Procedure
 
The RMT remains concerned by First Great Western's failure to either reinstate or reach an agreement over the dismissal of our Guard member Brother <name removed>, despite a Directors Review into his dismissal being held. In addition to Brother <removed>, the union is also concerned over the dismissal of RMT Local Representative Brother <name removed>, a Customer Host based at Paddington. Brother <removed> was dismissed following a period of absence directly attributable to a long standing medical condition.
 
The RMT believes that First Great Western failed to adhere to the company's Valuing Ability Procedure and should withdraw all charges against Brother <removed>. The company's procedure was created with the intention of dealing with all disability cases. However, it has been blatantly disregarded by the company despite it being clear that our member has suffered from a well documented long term disability. Furthermore, the company failed to adhere to the agreed procedure by failing to notify the RMT of their intention to discipline a Union Representative.
 
Despite the assurances provided by First Great Western to provide full procedural training to managers to reduce the levels of dismissals, the fact remains that the company operate both an insensitive and draconian disciplinary procedure. The dismissals and subsequent refusal to reinstate or reconsider the position of both Brother <removed> and Brother <removed> leaves the union of the clear view that First Great Western has no intention of changing its heavy handed tactics.
 
Agency and Contract Workers
 
The RMT welcomes the commitment from First Great Western to bring into direct employment, staff employed on catering services on the Class 180 operated services. However, the union remains deeply concerned by the company's refusal to address the MITIE contract.
 
The RMT has noted that 'the company does not commit to the internalisation of all cleaning services which are currently provided by MITIE. However, where any local opportunities exist for such internalisation to take place using directly employed labour and this can be achieved at no net material cost to the business then this will be considered.'
 
The union has received further clarification regarding this statement from your Regional Organiser, indicating that this commitment actually refers to the company identifying current FGW employees to undertake cleaning work and as such, indicates the dispensing of our MITIE members and not their direct employment. As you may be aware, our MITIE members at Paddington and Old Oak Common are currently in dispute over the basic London Living Wage and to make such a statement is both immoral and disgraceful.
 
Additionally, the RMT has grave concerns regarding First Great Western's proposed Collective Agreement on the use of agency and contractor workers. The RMT rejects this derisory offer which, if agreed, would allow for consultation and not agreement regarding the use of agency and contract workers. If allowed, this could potentially be a direct attack on core railway workers jobs and livelihoods.
 
The RMT demands that First Great Western face up to its direct responsibilities and end the exploitation of our MITIE members by bringing them into direct employment. Further, the RMT demands that the company enter into meaningful negotiations around a Collective Agreement regarding the use of both agency and contract workers.
 
Zero Hour Contracts
 
The RMT remains concerned regarding First Great Westerns failure to give any firm assurances to cease the use of zero hour contracts. The company's response fails to give any firm commitments regarding timescales for the removal or indeed any details of the implications of those staff currently engaged on such contracts. The RMT is of the view that the following response from First Great Western is ambiguous and completely unacceptable to our membership:
 
'We are currently reviewing zero hour contracts; we are reviewing the requirements of the business together with what options of contracts we have going forward. There is further work to take place, however we can give you our assurances that we won't be using zero hour contracts in the future.'
 
The RMT is of the clear view that despite some progress being made on these issues it is nowhere near adequate enough to completely satisfy the factors behind the dispute situation. The reality is that First Great Western has shown scant regard to any form of meaningful approach to negotiations with your union.
 
The RMT will no longer tolerate such contempt towards our membership and therefore I am making the necessary arrangements to recommence the ballot of all our First Great Western members for both strike action and industrial action short of a strike. It is imperative that we stand together and demonstrate your strength of feeling to the company in this dispute. I strongly urge you to show your support by voting 'YES' to both questions in the ballot for industrial action when you receive your voting paper.
 
I will, of course, keep you fully advised on any further developments.

Thursday 27 March 2014
FASTLINE: Response to RMT's notice of ballot
Dear colleague,
I am extremely disappointed that we have received notice of a ballot for industrial action from the RMT, despite the trade union still not responding to the package of proposals we put forward to resolve the issues between us in January.

The RMT have not responded to us on any of these issues but have now advised that we remain in dispute due to concerns over Dismissals and Disciplinary Procedure, Agency and Contract Workers and Zero Hours Contracts. Our position on each of those is outlined below:

Dismissals and the Disciplinary Procedure
- We repeated our commitment that full procedural training will be provided to all managers, including disciplinary and investigation training, and confirmed that we are recruiting a team of trainers to deliver this training.

- We agreed to formalise our earlier commitment to make the Investigating Officer, rather than the Hearing Officer, responsible for the formulation of any disciplinary charges. This was tabled at the last Company Council on 6 March 2014 and we are awaiting a response from Trades Unions.

The RMT have specifically raised concerns about the dismissal of Conductor <name removed> who was dismissed in September 2013 for a serious safety breach involving a train dispatch irregularity that endangered the safety of a young child. Our agreed disciplinary procedure was followed to the letter, and the final decision was also upheld as part of a Director^s review. <removed> was supported by RMT solicitors, and in the past six months have chosen not to challenge that decision in the courts.

Agency and Contract Workers
- The RMT gave us proposed wording for a collective agreement regarding agency and contract staff. We suggested a number of amendments and are still waiting for a response.

- We had previously committed to bring in-house any catering services which the business requires on Class 180 operated services that are currently outsourced to Rail Gourmet.

- The RMT sought a commitment to internalise all cleaning services which are currently provided by MITIE. While we are not able to make such a commitment, we have indicated that this will be considered where any local opportunities exist for such internalisation to take place using directly employed labour, and this can be achieved at no net material cost to the business.

Zero Hour Contracts
- We confirmed our commitment to a permanent workforce but again emphasised the seasonal nature of our operation requires some flexibility.

- We are currently reviewing Zero Hour Contracts, particularly the requirements of the business and the options of contracts we have going forward. We gave assurances that we won^t be issuing any zero hour contracts in the future. We have committed to review current zero hours contracts with the aim of eliminating them and are currently undertaking this process.

I am particularly frustrated that the RMT represent that these issues have such an impact on its members that they need to threaten strike action at every opportunity, yet they have not been able to formally respond to our written proposals.

We have responded to the RMT's letter repeating our request for a response to our proposals and ask that they reconsider their decision to ballot on these issues.

We have been notified that the opening day of the ballot will be Tuesday 1 April 2014, for those colleagues who are members of RMT and will be receiving a ballot paper we would strongly urge you to consider the above when deciding how to vote.

We will keep you updated.

Andy Mellors
Deputy Managing Director

Moderator note: Neither the RMT email to members or FGW's internal staff bulletin 'FASTLINE' are in the public domain. I've therefore removed the names of individual staff members from these communications. bignosemac

[TaplowGreen]

.........looks like the usual sabre rattling, beating of chests & taking positions to me, in terms of the "Brother" who has been dismissed for the dangerous dispatch, looks like he was bang to rights, particularly if the solicitor isn't disputing it, and Brother Customer Host has had too much sick leave.

I've got some experience in these areas and whilst I'm not privy to the exact detail, I'll wager that in both cases the RMT^▸ (National Union of Rail, Maritime & Transport Workers) are going down the unfair dismissal route due to an i not being dotted or a t not being crossed procedurally, can't say I blame them for that, they are trying to secure the best outcome for their fraternal members, however this is a legal matter/decision on a point of law/procedure and should be heard in the appropriate forum if it can't be agreed internally, its not a case for Industrial Disputes.

In terms of Agency/Contract workers for cleaning etc, whilst their objectives are laudable, they're not living in the real world.....the days of large companies maintaining hordes of directly employed cleaners etc are long gone, the costs are simply too high.


I suspect "Brother" Cash is seeking to raise his profile....

[grahame]

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[JayMac]

From the BBC^» (British Broadcasting Corporation - home page):

Strike ballot for First Great Western railway staff

Railway workers at First Great Western are to be balloted for industrial action, the Rail, Maritime and Transport Union has said.

Acting general secretary Mick Cash said the dispute is over a number of issues including agency work and employment contracts.

He said members would be asked if they are prepared to take part in industrial action up to and including strikes.

First Great Western (FGW^▸ (First Great Western)) said it would be commenting on the decision later.

'Long-standing issues'

The union, which has around 2,000 members at the company including drivers and onboard crew, said it was in dispute over dismissals and disciplinary procedures, agency and contract working and zero hour contracts.

It called on bosses "to come to the negotiating table and resolve these long-standing issues".

"We want to see a collective agreement regarding the use of both agency and contract workers," Mr Cash said.

"We also want the company to end its use of zero hour contracts, which we believe are exploitative and leave workers with no guarantee of what they will earn."

FGW operates trains across the Western region, carrying 1.5m passengers every week on 9,000 services and calling at 276 stations.

As we know, FGW have already commented on the decision. But only to their staff. I'd like to see their robust response made public. I suspect though it will be watered down.

[TaplowGreen]

.............I'm sure Bob Crow (RIP) is smiling down from on high, knowing that his legacy is being safely managed! 

[Tim]

In terms of Agency/Contract workers for cleaning etc, whilst their objectives are laudable, they're not living in the real world.....the days of large companies maintaining hordes of directly employed cleaners etc are long gone, the costs are simply too high.

Perhaps.  But the MITIE cleaners (who IMHO^▸ (in my humble opinion) do a pretty unpleasant job well) get a rough deal.  Regardless of who employs them, the RMT^▸ (National Union of Rail, Maritime & Transport Workers) is right to fight for them to be given the minimum living wage and/or for them to receive the perks (travel benefits etc) of other FGW^▸ (First Great Western) staff.