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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: eastlondonrail@rmt.org.uk
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
East London Rail Branch News Vol II, Issue 2 Late September 2009
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’!
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
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.
East London Rail Branch News Vol II, Issue 2 Late September 2009
3 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
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!
East London Rail Branch News Vol II, Issue 2 Late September 2009
4 NEXT BRANCH MEETING: TUESDAY 15TH SEPTEMBER 2009, 1700 HOURS:
The Railway Tavern Public House (Conservatory room), Angel Lane,
Stratford, London E15… CONTACT THE SECRETARY FOR DETAILS
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.
East London Rail Branch News Vol II, Issue 2 Late September 2009
5 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
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
East London Rail Branch News Vol II, Issue 2 Late September 2009
6 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
‘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!
East London Rail Branch News Vol II, Issue 2 Late September 2009
7
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
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.
East London Rail Branch News Vol II, Issue 2 Late September 2009
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
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