Newsletter: Late September, 2009

East London Rail Branch News Vol II, Issue 2 Late September 2009

1

Secretary: Ed Shine– 07940340128

0626 East London Rail

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

Branch News Email: [email protected]

OUR REGIONAL ORGANISER, BOB RAYNER’S VIEWS ON

N.X.E.A. REVENUE PROTECTION MANAGEMENT:

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

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

Stratford, London E15… CONTACT THE SECRETARY FOR DETAILS

‘RENEGADE

THE STRUGGLE CONTINUES

MEDICAL CERTIFICATES BEING REQUIRED AFTER TWO DAYS’ SICKNESS-

Even though accepted procedure is perfectly clear on the need to provide a cer-

tificate after SIX days’ absence and that self-certification is the norm up to that

point. Which is the point of a ‘Return to Work’ interview!

INVESTIGATIONS AND ‘FORM ONE’ DISCIPLINARIES TAKING UP TO FOUR

MONTHS TO DEAL WITH– when the disciplinary procedure is clear- ‘the employee

will be informed in writing, as early as possible, of the nature of the offence’ and

that ‘the hearing should be arranged with the minimum possible delay’.

MEMBERS BEING PLACED ON MFA FOR BEING OFF SICK AFTER BEING AS-

SAULTED AND SUFFERING WORK-PLACE INDUSTRIAL INJURIES– when THEIR

OWN MfA Guide for managers states: ‘ensure absence receives the appropriate

mixture of concern and consideration for the employee’s welfare’.

ANNUAL LEAVE REQUESTS BEING MADE TO BE PUT IN ‘SEVEN DAYS BEFORE THE

ROSTER IS PUBLISHED’- so up to TWO WEEKS before the leave date! Again, the

established procedure is clear that seven days notice is required. Obviously the

Roster Administrator has been given far too much for one person to do; and on

top of this, the same applies to shift change-overs! Which is bizarre as staff do

NOT KNOW they need to change UNTIL the roster is published!

MANAGEMENT ’

Chair: John Clarke– 07795237318


2

Report on the Vestas dispute on

the Isle of Wight; an appeal for dona-

tions has been received from Head Office (15-09-

09) and it was agreed to donate £50 to the workers De-

fence Fund from Branch funds.

Proposed: E. Shine; Seconded: A. Randall

WHICH BADGE WOULD YOU PREFER TO WEAR?

The Secretary presented

relevant correspondence re-

ceived by the branch over

the last month. Including:

An appeal for donations has been received (19-08-09) from

Portsmouth Branch regarding the case of Bro. Edward

Ndlovu (Network Rail). It was agreed to donate £50 from

Branch funds on the proviso that the Secretary confirms

with the General Secretary that this is a legitimate Branch

expenditure.

Proposed: A. Randall; Seconded: R. Watson

Instruction from the General Secretary for all Branches to

affiliate to their local Trades Council; Secretary to contact

the Newham Trades Council (Mr. Peter Smith) to facilitate

this and confirm costs, number of delegates etc.

Confirmation from the General Secretary that our nomina-

tion of Bro. Brian Whitehead for the position of Relief

Regional Organiser (South) has been accepted.

Sister Watson updated the Branch on the

continuing success and interest in the role of

Union Learning.

It was asked whether there is a limit to the

number of members dealt with by one Union

Learning Rep, it was suggested that the rec-

ommended limit is one ULR per 50 members.

Secretary to confirm this or otherwise with

Head Office. Secretary to email Sis. Watson

with updated LOROL membership list includ-

ing grades, locations, Branch, and contact

details.

There will be a day course at the Norfolk &

Suffolk Learning Centre in Norwich on the

20th November 2009 and it was agreed to

pay the Union Learning Rep £50 as per

Branch procedure towards travelling ex-

penses in order to allow her to attend and

report back to the Branch.

The trial of meeting on the third Tuesday

(rather than the Thursday) of the month

was agreed to be a appear to be a success,

and that this would be a permanent change.

LEARN THE LESSONS OF THE PAST... ALWAYS VOTE ‘YES’!




Notification from Head Office that all NXEA

members who struck for all three days in the

recent dispute would receive a gratis payment

of £75. Secretary to receive names and assess

claims following discussion with local Rep’s

and activists. Needless to say, it can and should

be taken as read that anyone who worked on

even one of the three strike days will not be

eligible for this money.


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



THOUGHT

FOR THE MOMENT

‘The reason for the defeat of the

Spanish Government was not in

the hearts and minds of the Span-

ish people. They had a few brief

weeks of democracy with a

glimpse of all that it might mean

for the country they loved. The

disaster came because the Great

Powers of the West preferred to

see in Spain a dictatorial Govern-

ment of the right rather than a le-

gally elected body chosen by the

people.’

Emanuel ‘Manny’ Shinwell

(1884-1984)

Trade Unionist Organiser, Socialist

MP, International campaigner and

confronter of State Oppression .

The Chair invited speakers from the floor, to discuss the let-

ters of nomination received by the Branch regarding the Un-

ion's next President. The Secretary noted that as all we had

to go on were the candidates’ personal letters to the Branch

(see Item 4. Secretary’s Report), and as they are ALL experi-

enced negotiators and Union Officials, the Branch would

have to differentiate between them. There are what may be

termed two ‘centre’ candidates and three ‘left wing’ candi-

dates (which does pigeon-hole political positions too much

but is an easier point of reference). It was noted that our sis-

ter Branch, South East Essex, the Secretary of which, Bro.

Derrick Marr was in attendance as a guest, has nominated

Bro. Gordon although pointed out that that was irrelevant to

this Branch. It was heard that the Candidate’s own nominat-

ing Branch, Bristol Rail, is a very active, militant, and left-

wing branch (with which East London Rail Branch already

has a very sympathetic and mutually supportive relationship

with), with an excellent website and communication. It was

noted from the floor that personalities should be irrelevant

in this discussion. All five candidates’ letters were then circu-

lated to the Branch, which Bro. Randall proceeded to read

out slowly, carefully, verbatim and in great detail.

It was established

after discussion

that Bros. Pinkney

and Gordon were

the potential pre-

ferred candidates

for the Branch.

The Secretary

made it clear that

BROTHER PETER PINKNEY

(TEESSIDE BRANCH)-

Proposed: A. Randall.

TWO VOTES.

BROTHER ALEX GORDON

(BRISTOL RAIL BRANCH)-

Proposed: L. Simpson

TWO VOTES.

There being a tie, on the

Chair’s casting vote:

ALEX GORDON– OUR

PRESIDENTIAL NOMINEE

both these comrades were worthy of

the post and worthy of opposing one

another for the most important post

in this Trade Union, and both easily

capable of leading us through he class

struggles we will face.

Compared to this, one candidate was

so roundly condemned from the floor,

that if we printed what was

said, we would be shut down

as an obscene publication!


4 NEXT BRANCH MEETING: TUESDAY 15TH SEPTEMBER 2009, 1700 HOURS:



It has come to the Branch’s attention that (particularly on NXEA and Network Rail, but other

Companies covered by this Branch may do the same) members are facing increased difficulty in

getting the staff representative of their choice when they need it. For any hearing or interview at

which you are entitled to Representation, YOU HAVE THE RIGHT TO BE ACCOMPANIED BY YOUR

CHOICE OF REP! But it seems some of our employers are still placing artificial and potentially ille-

gal obstacles in members’ ways.

BELOW IS SOME IMPORTANT INFORMATION ON YOUR RIGHTS.

REMEMBER THAT MOST OF OUR ‘MANAGERS’ DON’T KNOW OUR RIGHTS EITHER....!

IMPORTANT NOTICE–

ALL MEMBERS

Under section 10 of the Employment Relations Act

1999 (ERA 99), as amended by the ERA 2004, a

worker who is required or invited by an employer to

attend a disciplinary or grievance hearing has the

right to bring a companion. The companion is cho-

sen by the worker. This can be a full time Union

Official (e.g., your Regional Organiser or member of

the Union’s Executive Committee), a certified Lay

Official (somebody the Union has trained to accom-

pany individuals to hearings) or a workplace col-

league.

To qualify as a disciplinary hearing, the meeting has

to be one that could result in a warning or some

other action, provided that this is held on the em-

ployee’s file and represents a stage in a disciplinary

procedure. This legal definition was established at an

Employment Appeal Tribunal in 2003 (London Un-

derground v. Ferenc-Batchelor EAT/1039/01/PRW

[2003] IRLR 252). Whether the meeting is a discipli-

nary hearing (as opposed to, for example, an investi-

gation meeting) depends on what happens at the

meeting and not what the employer calls it; if it

becomes clear during the course of an ’investigation’

that some form of disciplinary action is being consid-

ered, the worker can (and should) ask for the meeting

to be adjourned (Skiggs v. South West Trains Ltd

EAT/0763/03 ([2005] IRLR 459)).

A grievance hearing has to concern ‘the perform-

ance of a duty by an employer in relation to a

worker’.

At the hearing, the Rep has the right to put the

worker’s case, confer with the worker, sum up the

case and respond on the worker’s behalf to any

views expressed by the hearing officer (as in a dis-

ciplinary), but the Rep cannot answer any direct

questions put, on behalf of the member. IF A

WORKER’S CHOSEN COMPANION IS NOT

AVAILABLE ON THE DATE FIXED FOR THE

HEARING, IT MUST BE POSTPONED, PRO-

VIDED THE NEW DATE IS REASONABLE AND

WITHIN FIVE DAYS OF THE ORIGINAL HEAR-

ING. These rights are regardless of length of

service.





The worker and the companion have protection

against any detrimental act or dismissal in connec-

tion with exercising their Section 10 rights to accompa-

niment, and can take a claim to a tribunal within three

months. If working for the same employer, both the

worker and companion have the right to be paid. A

Lay Official working for a different employer would be

protected from detrimental action by that employer,

but has no right to be paid by that employer for any

time taken to deal with the hearing.

AN EMPLOYEE CAN TAKE A CLAIM

TO A TRIBUNAL IF THE EMPLOYER

REFUSES TO LET THEM BRING THEIR

CHOSEN COMPANION TO THE

HEARING, AND THERE IS NOW A

RIGHT ALSO TO APPEAL TO AN EM-

PLOYMENT APPEAL TRIBUNAL

(introduced by Section 38 of the Em-

ployment Relations Act 2004.

As has been said, the legal right to accompaniment is triggered at a disciplinary hearing if the hear-

ing could result in a formal warning or some other action such as suspension, demotion, or dis-

missal. It is so widely drawn that it is hard to see how a Rep could be excluded from any formal

hearing.

IF YOU THINK A DISCUSSION THAT STARTS OUT INFORMALLY HAS BECOME– OR COULD BECOME–

FORMAL, THEN YOU SHOULD SAY SO AND ASK FOR IT TO BE RESUMED ONLY WHEN YOUR REP IS

PRESENT AND CARRYING OUT THE FULL DUTIES OF AN ACCREDITED REPRESENTATIVE OF YOUR

TRADE UNION.

IF YOUR EMPLOYER DOES NOT INFORM YOU THAT YOU

MAY BRING A TRADE UNION REP TO A HEARING, OR

TRIES TO PREVENT YOU EXERCISING YOUR RIGHT, YOU

CAN MAKE A REASONABLE REQUEST TO BE ACCOMPA-

NIED. IF THEY CONTINUE TO REFUSE, YOU CAN MAKE A

COMPLAINT TO AN EMPLOYMENT TRIBUNAL.

‘REASONABLE’ MEANS THAT THE HEARING COMPLIES

WITH THESE CONDITIONS (ON THE LEFT) AND YOU MAKE

THE REQUEST AS SOON AS POSSIBLE. IF YOU HAVE A

LANGUAGE PROBLEM, IT WOULD BE ‘REASONABLE’ TO BE

ACCOMPANIED AT MOST HEARINGS.

The Secretary reported to the Branch that our campaign to jointly affiliate to the

London Transport Regional Council on behalf of our London Overground member-

ship as per the Union Rule Book has been successful. It is believed that this decision

applies to Richmond Branch and Willesden Rail Branch as well who also have LOROL

members. The decision was received as below:

‘That the rules applying to this will apply (Rule 11 Clause 1) however, due to

the fact that London Overground Ltd has been set up since this rule came in, it

is our responsibility to make sure we improve our organisation.

The General Secretary is to write to all Branches and Regional Councils con-

tained within the spheres of London Overground with reference to the AGM

elections. They will only be allowed to nominate in one AGM area.

The General Secretary is to place this information back in front of the Council

of Executives in December 2009.’ AFFIL

IAT

ION

TO





‘SWINE FLU’

The Secretary reported on the

current struggle to have

‘swine flu’ (N151) excluded

from the ‘Managing for At-

tendance’ procedure. This has

already happened on London Underground and London Over-

ground and should be extended to all TOC’s.

Although ‘swine flu’ has dropped off the headlines lately, this

could be because of the summer months- flu of any kind will al-

ways get worse in winter. NXEA’s own ‘Pandemic Flu Planning

Framework’ (02-10-08) states that ‘pandemic flu may affect as

much as 50% of the population...including children and normally

fit young adults’ and that ‘large organisations should plan for 15-

20% absenteeism (in addition to usual levels’. It also recognises

that ‘those affected are likely to be highly

infectious for 4-5 days and absent from

work for up to 10 days’ and that ‘we

should expect a pandemic to have a sub-

stantial effect upon absence from work

within the rail industry’.

The World Health Organisation declared

swine flu to be a pandemic in June 2009

and as the rail industry is a Category Two

responder under the Civil Contingencies

Act TOC’s are required to co-operate with

Government bodies (e.g., the Department

of Health/ Health & Safety Executive).

Most importantly, the Company’s own

document states quite clearly that NXEA

should support all efforts to reduce the

impact of the pandemic by ‘taking all reasonable steps to ensure

that employees who are ill or think they are ill during a pandemic

are positively encouraged not to come into work’. They even admit

that ‘personnel policies may need to be reviewed to achieve this

aim’- i.e., suspending MfA.

If the company DO NOT suspend MfA for ‘swine flu’ members

who are placed on MfA will have a case against the Company for

endangering themselves, their colleagues and the public.

Bro. Tony Rowntree (LUL Revenue Control Inspector), Member-

ship Secretary of East Ham Branch has provided the Branch with

the confirmation that ‘swine flu’ is exempted from MfA, and our

Chair Bro Clarke, will do the same with the LOROL agreement.

VICTIMISATION

AT ORIENT WAY

It was reported that a Yard Supervisor

member at Orient Way is currently

suspended pending a disciplinary.

During a shunting movement, a train

driver took the wrong train onto the

wrong road, and possibly without the

correct authority. The member

stopped the train and told the driver

to ‘set the train back’ (meaning, drive

the train from the front cab back

where it came from) but the driver

appeared to think he said ‘set

back’ (meaning, propel the train from

the rear) and proceeded to drive

through a set of points without set-

ting or checking them properly. Our

member is suspended while the driver

concerned (who appears to be clearly

at fault in this matter) has merely

been placed on non-driving duties

and more to the point, still at work.

The Branch believes he has been

given preferential treatment, and our

member victimised on account of his

vocal RMT membership (having been

involved a drawn-out case regarding

his ROP/COS for some months with

his management) and the fact that he

used be an ASLE&F trainman but

joined RMT. UPDATE NEXT MONTH!

The Secretary noted YET

AGAIN that it was difficult for

the Branch to consider and

discuss the numerous prob-

lems facing our retail grades

members if none of them ever

attend and report their issues!

IF YOU WANT IT DEALT

WITH, TURN UP!


7




REVENUE PROTECTION

The Branch, and this Union at the highest levels, are still in disagreement with Revenue Protec-

tion Management over the issue Plain clothes work. Some members of staff have been rostered

to undertake this work which in fact is a duty specifically within the remit of the so-far unimple-

mented RPO ‘Level 2’ grade, as contained within the Harmonisation Agreement. To ensure this

Grade becomes and remains a viable option for progression within the Company for RPO’s. Vol-

unteers should also not be sought to carry out this type of work unless the Company intends to

pay those individuals for Higher Grade Duties; however secondment (also to be paid at a higher

rate) could be an option if plain clothes work is deemed a regular requirement.

Staff should be made aware, if they are not already (and the Branch congratulates those mem-

bers who are steadfast in their refusal to be conned), that the Company will have no incentive to

introduce this grade while they get it for free.

HEALTH AND SAFETY– GOB LINE

Reports that some of the new cabins are leaking

which has resulted in lots of mopping up for Sta-

tion Assistants (which of course takes them from

their other duties). The chain of command seems

to have failed in that whoever this is reported to,

nothing is done and responsibility abrogated.

But the GSM or Buildings Department should be

responsible.

It was agreed that the Health & Safety Rep will

put in a letter (and keep a copy of it) to the im-

mediate manager and CC to DFC Rep’s (Randall,

Craigo, Saunders, Fisher) re. The potential haz-

ards of slips, trips, and falls.

CONTRACTS

During restructuring in April Management assured

there would be no change of contracts and were em-

phatic on that point. But two weeks later staff were pre-

sented with new contracts which included some serious

changes in T&C’s, e.g., within Revenue Protection

Grades, Line Managers are now Team Leaders and

LOROL are claiming that they are outside the bargain-

ing machinery- even though they are our members.

The RMT failed to agree on this.

PENSIONS

Under Silverlink, staff were automatically put

into the Company Pension Scheme. As this is

now voluntary under LOROL, up to 250 mem-

bers of staff may now be without a pension.

This has been passed up to the London Trans-

port Regional Organiser Bro. Steven Hedley

and is still being fought by the DFC Reps.

TERMS AND CONDITIONS

Station staff on the Gospel Oak- Barking line have still

not seen a copy of their T&C’s in hard copy. It was

agreed that the secretary would contact the LOROL Head

of Employee Relations, Moira Bentley, CC’d to Willesden

Rail and Richmond Branches, and request copies of

T&C’s are given to staff requiring them immediately.

‘DASHBOARD’

This performance measure for staff would particularly affect

Revenue Grades as may lead to a lack of discretion in the

issuing of Penalty Fares and MG11 reports and potentially

lead to a rise in assaults. The Branch agreed this is effec-

tively a method of appraisal with a view to dismissal.

‘Dashboard to dash your job’ is a slogan circulating within

the grade at this point which does not (again!) bode well

for industrial relations in LOROL.


8

NEXT BRANCH MEETING:

TUESDAY 20TH OCTOBER 2009, 1700 HOURS: The Railway Tavern Public House (Conservatory room), Angel Lane,

Stratford, London E15… CONTACT THE SECRETARY FOR DETAILS.

VOTE

DERRICK MARR

FOR

REGIONAL ORGANISER

BE EVEN SMARTER...

VOTE DEL MARR!!!

#❶ PHONE: 0207 7529 8835

Newsletter: Late September, 2009

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