BREAKDOWN IN INDUSTRIAL RELATIONS, WATERLOO – SOUTH WEST TRAINS

 

 

 

 

 

 

 

 

 

Our Ref: BR2/14/2

 

15th April 2016

 

Rickey Goodman

Branch Secretary

Waterloo Branch

 

Dear Rickey,

 

BREAKDOWN IN INDUSTRIAL RELATIONS, WATERLOO – SOUTH WEST TRAINS

 

Further to my letter dated 31st March 2016 with regards to the above matter. Please be advised that the matter has been subject to recent consideration by the National Executive Committee and their decision is as follows:-

 

“That we note the report on file from our Lead Officer.

 

At the avoidance of dispute meeting held on the 5th April 2016 the company have now given assurances to address all our concerns; however time needs to be given to convey this information to our effected members at Waterloo.

 

Accordingly we instruct the General Secretary to immediately suspend the ballot while we seek the views member’s and further reports from the Branch Lead Officer.

 

Waterloo Branch and relevant representatives to be advised.” 

 

Therefore, in-line with the NEC decision the ballot of our affected members at Waterloo will be suspended. I have further received correspondence from our Lead Officer; however, this was received after the NEC decision above was made and will therefore be placed before the NEC at the earliest opportunity. I hope this keeps you fully advised on the matter and I trust you will keep me updated on any further developments.

 

Yours sincerely

Mick Cash 

General Secretary

 

 

Driver Only Operation (DOO) and Keep the Guard on the Train Campaign

 

 

 

 

 

 

To All Branches, Regional Offices & Regional Councils

 

Circular No IR/99/16

 

 

 

 

Our Ref: BR2/0146

 

 

Dear Colleagues,

 

Driver Only Operation (DOO) and Keep the Guard on the Train Campaign

 

In my circular IR/196/15 dated 18th August 2016, I set out the union’s position following the adoption of a resolution by the 2015 AGM of a resolution submitted by the Traincrew & Shunting Grades Conference.  For ease of reference the resolution was as follow:-

 

“This Conference reiterates its complete opposition to Driver Only Operation in all forms up to and including Driver Door Operation and Driver Control Operation.

 

This Conference recognises the ongoing threat to the guard grade across the combining routes and applauds the efforts made by those participating in the campaign to save railway jobs on the Northern and TPE campaign.

 

Conference agrees that this 2015  Conference is to be the stepping stone  of resistance towards all forms of D.O.O including both  D.C.O and DDO and agrees the only  way to halt  this  threat of eradicating the grade  is to enter  into  a full blown  dispute if TOCs do not agree to remove D.O.O/D.C.O/D.D.O off their agenda. 

 

Further, Conference agrees to work towards a situation where we see guards returned to services that are D.O.O.”

 

This matter has again been considered by the National Executive Committee following a meeting of the Traincrew and Shunting Grades National Industrial Organising Conference Liaison Committee.

 

At this meeting proposals for re-launching the ‘Keep the Guard on the Train’ campaign were discussed. It was agreed that a strategy discussion would take place at this year’s conference (on 15th April).

 

The National Executive Committee also instructed me to prepare materials for the national campaign, including a leaflet for all our guards members emphasising the safety role of the Guard.

Arrangements are in hand to produce the campaign material and branches and members will be kept advised of developments.

 

Please bring the contents of this circular to the attention of all members as this is to be a national campaign.

 

Yours sincerely,

 

 

Mick Cash

General Secretary 

 

BREAKDOWN IN INDUSTRIAL RELATIONS, WATERLOO – SOUTH WEST TRAINS

 

 

 

 

 

 

 

 

Circular No: IR/0088/16

 

TO ALL BRANCHES, REGIONAL OFFICES & REGIONAL COUNCILS

 

Our Ref: BR2/14/2

 

30th March 2016

 

Dear Colleague,

 

BREAKDOWN IN INDUSTRIAL RELATIONS, WATERLOO – SOUTH WEST TRAINS 

 

I have recently received disturbing reports from our Waterloo Branch regarding the above matter. South West Trains have repeatedly refused to meet with our elected representatives which are clearly outlined by the company’s 1996 procedures. Additionally, I am deeply concerned as to why the company have decided inflame the situation by meeting with another union to discuss rosters for rail operators when the other union has no recognition or collective bargaining. 

 

South West Trains have repeatedly received requests and correspondence asking management to engage in dialogue to resolve this matter. The most recent correspondence was sent by the Lead Officer to the Director, highlighting the breakdown in industrial relations and requesting a meeting to resolve the matter was deliberately ignored in an LDC meeting by the local manager in front of the other union. This situation has now been intensified by the company’s blatant refusal to resolve this issue, which has only caused unrest amongst our members. Our members are clearly outraged at the disgraceful behaviour of local management and we demand immediate action to resolve this issue.

 

Accordingly, I have now informed the company that we are currently in a dispute situation and unless serious progress is made our Rail Operator (Platform) Members located at Waterloo will be balloted for strike action and action short of strike. We must send a clear message to SWT that we are totally opposed to the company’s clear lack of cooperation and will not be ignored or go away quietly. 

 

I would be grateful if you could please bring this circular to the attention of your members.

 

Yours sincerely

Mick Cash 

General Secretary

 

 

Reduction in the Working Week Guards/Commercial Guards– South West Trains

 

 

 

 

 

 

To All Branches, Regional Offices & Regional Councils

 

Circular No IR/049/16

 

3rd March 2016

 

Our Ref: BR2/0004

 

 

Dear Colleague

 

Reduction in the Working Week Guards/Commercial Guards– South West Trains

 

Further to my Circular No IR/304/15 dated the 10th December2015 with regards to the above matter, I can now advise you that a further meeting has been held with our SWT Guards Company Council Representatives and SWT management to discuss the issue of a reduced working week. Following conclusion of these talks, the company acknowledged that a 42 hour working week is no longer viable and needs to be reviewed. Furthermore, it was agreed that additional meetings will be held to discuss the following three items:

 

• To jointly look at different options for a revised proposal

• Produce stage steps that show how progression of reducing hours may be achieved.

• Keep the deal as simple as possible.

 

The matter has been subject to recent consideration by the union’s National Executive Committee who notes the position and has taken the decision to produce suitable material with comparators for our SWT LDC Guard Representatives to help assist in future talks with management.

 

At the time of writing, I can advise you that the union has received some of these comparators and are currently looking at ways to include the holiday entitlements in the data. Once I have received all of the requested information I will produce the necessary pamphlets for distribution to our affected members.

 

In the meantime, I would be most grateful if you could bring the content of this circular to the attention of all your SWT Guard members and I will, of course, keep you fully advised on any further developments.

 

Best wishes.

 

Mick Cash

General Secretary

Legal Update: Holiday Pay.

Circular No NP/ 70 /16

To All Branches, Regional Offices & Regional Councils

Our Ref: L/2/2016

23rd January 2016

 

Dear Colleagues,

Legal Update:  Holiday Pay. 

Further to Circular NP/099/14 of the 29th May 2014  where I reported the case of Lock v British Gas, and Circular NP/149/14 dated 2nd September 2014,  and NP/223/14 on the  5th November 2014 reporting the EAT decision in  Hertel,Amec v  Wood and others and Bear v Fulton favour of the workers . The EAT today in the case of Lock v British Gas Trading Limited.

British Gas had appealed against a decision of an employment tribunal in Leicester (reported on the 2nd September 2014), which decided that it was possible to interpret domestic legislation (Regulation 16 of the Working Time Regulations 1998 and sections 221 to 224 of the Employment Rights Act 1996) so that results-based commission should be taken into account when calculating an employee’s holiday pay.

Mr Lock was a salesman employed by British Gas. Whilst on holiday, he was paid his basic salary and any results-based commission which had been earned earlier, but since he was not working he could not earn any further commission. Results-based commission formed a significant part of his pay packet. Mr Lock and a large number of others brought claims in the employment tribunal and his case was selected as the lead case. The Employment Tribunal in his case decided that, following the reasoning in the Employment Appeal Tribunal decision of Bear Scotland and others v Fulton and Others [2015] ICR 221, the domestic legislation could be interpreted in line with the requirements of EU law (namely Article 7 of the Working Time Directive), and gave judgment in favour of Mr Lock. The decision in the Tribunal followed a reference to the European Court of Justice, which held that the commission was part of Mr Lock’s normal pay for the purposes of payment in respect of annual leave (reported at [2014] ICR 814).

On appeal, Mr Justice Singh sitting in the Employment Appeal Tribunal determined that it was not possible to distinguish Bear Scotland from the present case. While Bear Scotland concerned the inclusion of non-guaranteed compulsory overtime rather than results-based commission, both Bear Scotland and Lock had as their central issue the interpretation of sections 221 to 224 of the Employment Rights Act 1996. Further, Bear Scotland was not “manifestly wrong”.  Singh J. declined to add any further gloss to that phrase, save as to say that it means a decision which can be seen to be “obviously wrong”. He considered that Mr Justice Langstaff in Bear Scotland had correctly understood and set out the relevant principles in relation to the interpretative obligation on English courts to construe domestic legislation in line with EU law. He concluded that it would be inappropriate for him to reconsider the merits of the substantive argument which had so recently and at length been considered in Bear Scotland, and that, if that case was wrongly decided, it must be for the Court of Appeal to say so, not for the Employment Appeal Tribunal

 

Yours sincerely,

Mick Cash

General Secretary

 

 

 

 

 

Waterloo Branch Meeting

STAFF FEEDING – SELECT SERVICE PARTNERS

 

 

 

 

 

 

 

Our Ref HC/1/1

 

Circular IR/38/16

 

19th February 2016

 

TO ALL BRANCHES, REGIONAL COUNCILS AND REGIONAL OFFICES

 

Dear Colleagues,

 

STAFF FEEDING – SELECT SERVICE PARTNERS

 

Further to my previous Circular IR/198/15 19th August 2015, Branches will recall that we have been in discussions with SSP over their decision to remove the entitlement to free meals.

 

Despite raising this matter at several meetings the company have refused to reverse their decision and discount cards have been distributed to staff which can be used at all rail, retail and air outlets in the UK. However there are exceptions in Dublin, 7 Rail stations and 53 Starbucks outlets although they state this is only for technical reasons relating to the till software which they are looking to resolve. In addition the company confirmed that they put in new fridges, kettles and microwaves at workplaces for staff to use.

 

The National Executive Committee has noted the situation and I have also informed the National Industrial Organising Conference for Catering Grades of this latest development. 

 

Yours sincerely

Mick Cash 

General Secretary