Newsletter: Early May, 2010

East London Rail Branch News Vol II, Issue 9 Early May 2010

1

Chair: John Clarke– 07795237318 Secretary: Ed Shine–07940340128

0626 East London Rail

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

Branch News Email: [email protected]

NEXT BRANCH MEETING: TUESDAY 15th JUNE 2010, 1700 HOURS: The Railway Tavern Public House (Conservatory room), Angel Lane,

Stratford, London E15… CONTACT THE SECRETARY FOR DETAILS

AT THE HOT GATES

IN THE WARM RAIN

...A WOUNDED

ANIMAL AT BAY! TOC‟s AND THEIR FRANCHISES BECOME MORE VICIOUS AND MORE DAN-

GEROUS THE CLOSER THEY GET TO THEIR OWN TERMINATION

EAST LONDON RAIL BRANCH SENDS IT

CONGRATULATIONS TO THE BRITISH IMPERIAL

RULING CLASS ON BEING ELECTED IN THE LST

LAST ELECTION ONCE AGAIN... IT WOULD BE

TRAGIC IF THE HABIT OF THE LAST FEW

HUNDRED YEARS WAS BROKEN!

WE VOTED...

BUT THE GOVERNMENT GOT IN

VOTE BROWN: get Cameron;

VOTE CAMERON: get Clegg

VOTE CLEGG: get Cameron.

They‟re all chauffeur driven in the

same limo... just use different doors to

get out.

FEEL SHAFTED YET?!

SO, GOOD REASON TO JOIN R.M.T., OR PERSUADE

SOMEONE TO DO SO- FOR ALL OUR SAKES!- These are dark times.

Some think that in the last year of a franchise, a TOC will stop caring

about its‟ troubles and just be nice for the sake of it.

WRONG

They will treat the arse-end of their franchise like a fruit machine or a

banged-put Cortina: put as little in as possible, get as much out of it

as possible, and rip the f***ing arse out of it. And we, the employees,

and members, are the transmission and suspension... So we‟re getting

ground like gears, starved of oil, sat on, and driven over a slag pit.

THINK IT’S CLAPPED OUT? JOIN THE R.A.C... REBEL AT CENTRE!!

STAND F IRM

STAND TOGETHER

STAND FOREVER


2

Dave Couzens, a trusted

and loyal RMT representative, has been dis-

missed from his job as a Senior Conductor at

Cambridge by Arriva Cross Country. Brother

Couzens was an elected Local Representative

at Cambridge and was co-opted onto the

Company Council for the Grade of Senior

Conductor. In the latter part of 2009 Brother

Couzens was suspended from duty for writing

to his local manager which is in itself is unbe-

lievable. He was represented by the RMT and

was subsequently found free from blame and

received payment for loss of earnings.

Brother Couzens was suspended and subse-

quently dismissed in February of this year. He

was issued with a clause 9 after a spurious

allegation made by a member of the travel-

ling public. Notwithstanding the fact he is one

of our proud Union Representatives, it is un-

acceptable that we allow a precedent to be

set in relation to complaints made by the

public. As a Union we cannot accept either an

attack on our representatives or allow Senior

Conductors to be disciplined at the first sign

of a customer complaint. Management has

informed RMT that they are not prepared to

reinstate Dave Couzens.

At the behest of Birmingham Rail Branch and

Leicester and Rutland Branch, the General

Grades Committee have agreed to ballot all

Senior Conductors members employed by

Arriva Cross Country at Birmingham New

Street, Cambridge and Leicester for strike ac-

tion and industrial action short of a strike in

defence of Dave Couzens.

RMT is demanding the full reinstatement of

Dave in his substantive post.

Ballot papers will be dispatched to member‟s

homes on Thursday 22nd April 2010 and the

ballot will close on Thursday 6th May 2010.



BALLOT FOR STRIKE ACTION OVER FOUR DEPOTS:-

-Are you prepared to take strike action?

53 votes cast– 32 For– 21 Against– non spoiled– 60.4% in favour.

-Are you prepared to take action short of a Strike?

53 votes cast– 39 for– 14 against– non spoiled– 74%

„May Day‟: Re-launched novel by

RMT on turbulent times in London in

the thirties. Re-released by R.M.T.:

“The country is in turmoil – the people are an-

gry at the excesses and corruption of the ruling

class; workers are told to increase production

for less pay; bosses meet to discuss ways of

increasing their profit margins; unions mobilise

the masses; a march takes place; police clash

with demonstrators and a man is killed on the

streets of London. This could well be a snap-

shot of Britain in the 21st Century, but it is also

an outline of some of the events driving May

Day, a novel first published in 1936.”

Although “May Day” is set in the Thirties it shows that the same challenges

facing workers nearly eighty years ago – union busting employers trying

to squeeze more out their workforce for less pay – are being thrown at

trade union members on May Day 2010.”- Bob Crow, General Secretary.

BUILDING ON OUR PAST

FIGHTING FOR OUR FUTURE


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

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




R e - move the bloodsuckers, who are the global financial wizards that

work at the IMF, WTO and the World Bank and practice the art of dark

finance AT OUR EXPENSE and THEIR GAIN.

The “Hot Money” cycle: The

works like this: “Cash comes in for

speculation in real estate and cur-

rency, then flees at the first whiff of

trouble. A nation‟s reserves can

drain in days, hours. And when that

happens, to seduce speculators into

returning a nation‟s own capital

funds, the IMF demands these na-

tions raise interest rates to 30%,

50% and 80%.” Step two is mainly

about hijacking of pension funds,

gutting employment benefits, and

other social safety nets that people

work all their lives for.

„Briberization”: involves the

criminal global financiers paying

national leaders of poverty-stricken

nations hefty amounts of dough for

the direct sale of public assets to

oligarchical corporations and pri-

vate foreign banks. All the illegal

dough of the traitorous leaders is

then safely stashed in secret Swiss

bank accounts, miles and miles

away from the nation‟s angry

citizens whose livelihoods and in-

comes are stripped in the process.

And when the nation finally wakes up late in the afternoon, it realizes

that it was robbed deaf, dumb, and blind the night before. It also discov-

ers that it acquired an economic STD, so the pain has only begun and

recovery is far from sight. An even bigger revelation awaits the nation,

which will cause panic in the streets, and thrust the nation further into

the economic abyss:

F**K

ALL

NOW

...

“They bury life, the IMF, EU, World Bank and shits, and with poison lips,

they‟re saying, while slicing our veins, „you‟ll pay for our mistakes‟: From the

FINCAS to the TOC‟s overseeing us, to the vultures playing' markets...” -Ed Shine, Branch Secretary

The European Union has met to cobble together a

„rescue package‟ for Greece, in collaboration with

the International Monetary Fund.

Over the last months, the Greek social democratic

PASOK government‟s austerity agenda has pro-

voked strikes by hundreds of thousands of work-

ers and mass protests. But the government‟s

pledge of wage cuts and job losses has failed to

satisfy the international finance markets.

With state bankruptcy once again staring Athens

in the face, the EU proposed a “life-line” loan of

€30 billion. Set at interest rates of around 5 per-

cent, however, the stop-gap measure will only

increase Greek indebtedness, while condemning

the population to yet more savage attacks.

The situation in Greece is paralleled by that in Ire-

land and Latvia, where even more draconian cut-

backs have been imposed. Across Europe, all gov-

ernments are making similar preparations.

“THE IMF RIOT”: The people then begin to find out that the vampires

from the IMF and World Bank never left the night before, they were hid-

ing in the nation‟s economic closet, where they‟ve patiently waited to put

the third step into effect, which is a sharp rise in food and gas prices, and

other commodities that keep a nation running from day to day on an

even keel. The IMF basically engineers the collapse through their crip-

pling policies and proposals for social spending cuts, which create the

conditions for riots, public rage and civil unrest.

The fourth and last step is called “poverty reduc-

tion strategy” by the World Bank/IMF, or it could

be called “monopoly market politics.” People of-

ten mistake this last step with free trade policies,

but one important thing to keep in mind, is that

this is “free trade by the rules of the World Trade

Organization and World Bank,” in other words, it

is corporatist-monopolist trade in the guise of

free market capitalism.

Democratic reform must include smart regulation

of credit and financial institutions, the reintro-

duction of public banking, the reduction of pub-

lic subsidies to undeserving corporations and

banks, the reinstatement of the principles of free

economic competition, and lastly, the termina-

tion of the IMF, World Bank, and WTO, the

“bloodsuckers,” whose agenda is to establish an

oligarchic grip on nations and peoples, and de-

prive them of all prosperity, as well as economic

and political independence.


4

ONCE AGAIN National Express Human Resources,

through Management, are requiring some members of

staff to provide their passports for inspection, presumably

as some kind of „right to work status‟ check. The fact that

staff are required to provide this information when they

are first taken on seems to have escaped them; and we

are talking here of staff who have been employed for a

minimum of some years now. It maybe purely incompe-

tence that they never checked in the first place or have

since lost the records of having done so. The Branch Sec-

retary has taken legal advice on their rights to do this

which is summarised below. Copies of the RMT

Booklet ‟Immigration Checks At Work‟, by Comrade Pat Wilkinson of the RMT

Equal Opportunities Dept, are available from the Branch Secretary on request.

The brief answer is, yes they can make these requests; but that the way in which they do

it should not result in unlawful racial discrimination. If an employee cannot provided

documentary evidence of their legal entitlement to work, they could be dismissed and

the employer would most likely satisfy an Employment Tribunal that the dismissal was

'fair'. The Guidance accompanying this legislation for employers is clear that the onus

lies with either the prospective or existing employee to demonstrate their legal entitle-

ment to work. It is clearly stated that "Any person found to be working illegally is liable

to prosecution and/or removal from the UK." Members in this situation, should be ad-

vised to contact the Immigration Advisory Service (IAS), the largest charity specialising

in immigration and asylum law (020 7967 1200 or www.iasuk.org).



THOUGH

T

FOR THE

MOMENT

‘Do not think that I came to

bring peace on the earth; I

did not come to bring peace,

but a sword. For I came to set

a man against his father, and

a daughter against her

mother, and a daughter-in-

law against her mother-in-

law; and a man‟s enemies will

be the members of his house-

hold. „

-Matthew 10:34-39

„I have come to cast fire

upon the earth; and how I

wish it were already kindled! „

-Luke 12:49-53

„Whoever has no sword is to

sell his coat and buy one „

-Luke 22:36

„Put your faith in God... But

keep your powder dry‟

-Misattributed: Oliver

Cromwell

„God is on the side of big

battalions‟

-Napoleon I

EMPLOYERS HAVE A DUTY UNDER THE ASYLUM & IMMIGRATION ACT NOT TO

KNOWINGLY EMPLOYEE SOMEONE ILLEGALLY WORKING

THEY SHOULD HOWEVER SEEK DOCUMENTARY EVIDENCE FROM ALL THOSE

WHO HAVE NEVER BEEN CHECKED BEFORE NOT JUST A FEW.

IT IS NOT YET CLEAR THAT THE COMPANY IS COMPLYING WITH THESE

PROVISIONS. ALL REP‟S SHOULD REPORT ALL KNOWN CASES TO THE

SECRETARY AND FURTHER ADVICE WILL BE TAKEN. THE CASE CONTINUES....

http://en.wikipedia.org/wiki/Gospel_of_Matthew

http://en.wikipedia.org/wiki/Gospel_of_Luke


5

In this case the reference to the discretionary commission

scheme was contained in the contract of employment.

However, there is no obvious reason why the principle

should not extend to any commission or bonus payments

provided they are paid with regularity (as a matter of

factual history) and regardless as to whether or not

specific mention is made in the contract itself. On this ba-

sis the principle could be extended to include practices

such as the payment of an annual Christmas bonus.

An employer‟s failure to pay commission or bonus in

these circumstances is likely therefore to constitute a

breach of contract and will probably permit an employee

to resign and claim constructive dismissal. Alternatively an

employee could remain in employment and simply bring a

claim for Unlawful Deduction of Wages.



If certain payment arrangements have been agreed be-

tween parties and the employer subsequently departs

from these, which then results in a financial loss to the

employee, the employee can claim unlawful deduction of

wages. E.G.;

•there are arguments about bonuses to be paid when an

employee leaves their employment;

•there is a dispute about the amount of notice pay to be

paid.

Contrary to popular belief there is no compensation

payable if an employee wins an unlawful deduction from

wages claim. Monies unlawfully deducted must be paid to

the employee, but there is no compensation payment for

the inconvenience, injury to feelings etc.

The basic definition of "wages" for the purposes of the "unlawful deductions from w a g e s "

provisions of the Employment Rights Act 1996 is simply "any sums payable to the worker by his employer in

connection with his employment" (other than specified exceptions such as refund of expenses or pensions) and

specifically including any fee, bonus, commission, holiday pay or other emolument referable to his employment,

whether payable under his contractor otherwise (ERA 1996 s.27).

THE GENERAL RULE:

The general rule (Employment Rights Act 1996 s.13(1) (formerly Wages Act 1986 s.1(1)) is that it is unlawful for an employer

to make any deductions from wages paid to any worker "employed by him" unless either:

(a) it is required or authorised either by statute or by "a relevant provision" of the worker's contract; or

(b) the worker has given advance written consent.

Similarly, an employer (in his capacity as employer) is not allowed to receive any payment from a worker employed by him

unless it satisfies one of the conditions above (ERA 1996 s.15(1)).

If an employee receives commission

there will be rules which govern the manner

and method in which that commission is paid. These rules

may have been recorded in writing, or agreed orally, or have

arisen through past practice.

When drafting contracts of employment for employers solici-

tors are often asked to ensure that any entitlement to commis-

sion under the contract is expressed to be discretionary in

nature. This “discretion” often purports to allow employers to

vary or alter the terms of a commission scheme and even to

cease or withdraw payments without notice. Often both em-

ployers and employees believe that this is sufficient to effec-

tively draw and end to the matter. Not so!

SAID AN EMPLOYMENT TRIBUNAL ON A BONUS SCHEME:

„ This must be a form of agreement or clause which is to be

found in many situations in employment. If reasonable notice is

given, clearly these schemes can be varied and altered and

might be abolished, but whilst the schemes are in being, the

anticipation will be that in normal circumstances commission

will be paid on work which has been carried out and on which

the calculation is based; the anticipation of both parties is

clearly that it will be payable.”

Kent Management Services Ltd v Butterfield, 1992

“With bonus and commission

arrangements, if employees

have earned it and are

expecting it, then generally

they are entitled to it!”


6

THE REVENUE PROTECTION COMPANY COUNCIL ADVISES

THAT A „NO-STRINGS‟ DEAL IS A PRE-REQUISITE AND FUN-

DAMENTAL. This is because productivity has already gone

through the roof in this Department thanks to our members.

A comparison of productivity at the time of the last pay deal

(October 2006) now is stark. Although it appears easier to get out of the Moonies as it is to get precise figures out of this

firm, it is a fact that the Department does hundreds of percent more prosecutions than it did then (not counting usual reve-

nue intake), which is now deemed more important (i.e., profitable) and yet the staffing establishment has been reduced by

over 40%. This is on top of various Re-Organisations that have interfered with working life and the increase in administra-

tive/ auditing duties.

PRODUCTIVITY ??!!! -THEY‟VE ALREADY HAD IT !!!!



2010 PAY CLAIM

With the expiry of the four-year pay deal, our pay-

submission is being made at talks with the Company at

Oliver‟s Yard in May. The following points need to be em-

phasised, regarding the current loss of purchasing power

by our members‟ due to the prevailing economic climate:

There has been much discussion, acrimonious and otherwise,

on the proposal to „implement‟ (a nice management word

which is quite capable of being synonymous with imposi-

tion!!!). East Side management have entered their Boudoir

and convoluted their drawers... In other words, got their

knickers in a twist!

All that has so far been established is that they are all of a

sudden in dire need of coverage at Liverpool Street. But as

has been pointed out at Company Council Level, the only two

guaranteed ways of dealing with this are the two ways that

are not only out of the Revenue manager‟s hands, but are at

least partially a direct result of their own ill-founded actions

originally. IF THEY RECRUITED STAFF: it wouldn‟t be a prob-

lem. IF THEY HAD A PERMANENT DEPOT AT LIVERPOOL

STREET: it wouldn‟t be a problem now.

But these things, thanks to the „Ostrich Effect‟ (i.e., heads in

sand keeps consequences of blind ignorance from the door)

are not going to happen so NOW they believe (can they

really believe it?!) that by fiddling with rosters they will cre-

ate more staff. DR. FRANKENSTEIN TRIED TO CREATE

BODIES OUT OF NOTHING... And we know what hap-

pened there! The Secretary recalled to the Branch that

when he was Local Rep at Liverpool Street he put up a notice

– when similar roster rumours were circulating– he put up a

notice INFORMING THE COMPANY THAT TRADITIONALLY

THE R.M.T. RESPONDS TO IMPOSED ROSTERS WITH A STRIKE

BALLOT. The notice was taken down by a Team Leader and

the Rep. was then called into Alan Perry‟s office where he was

informed that the notice was unnecessarily inflammatory.

Bearing in mind that the same Head of Department is now

DENYING he ever gave a recent GUARANTEE that Rosters

would not need to be changed, if a similar notice went up

would it be considered INFLAMMATORY... Or merely accu-

rate?

Local Reps are now dealing with the Rostering issue. The

Branch recommends an AUTOMATIC ‟Failure to Agree‟ on

this at all levels of the Bargaining Machinery. And any impo-

sition of Rosters will result in a similar notice going up. Per-

haps the Secretary was right... Three years early!

THE WAGES YOU EARN AND THE HOURS YOU WORK FOR

THEM: THESE THINGS WE WILL HAVE TO FIGHT FOR NOW.

SUBSTANTIAL PAY AWARD

Dramatic rises in food, fuel, and other living costs necessi-

tates this. with „No Strings Attached‟ , in order for mem-

bers‟ to continue to meet the cost of living.

REDUCTION IN WORKING WEEK

RMT members have identified a further reduction in the

working week to 34-hours as a key target this year.

FAMILY-FRIENDLY POLICIES

The desire for improved work-life balance is coupled with

a demand for more progressive „family-friendly‟ policies.

IMPROVED TRAVEL FACILITIES

Railworkers recruited after privatization are aggrieved at

their „second-class‟ status in regard to travel facilities and

justice demands that full facilities be extended to every

FINAL SALARY PENSION PROVISION

Employees to have access to final salary pension provision.

IMPROVED LONDON ALLOWANCE

For those members living in London and the SE the effects

of the continued rise in some living costs (e.g., travel) are

felt more keenly. London weighting and associated allow-

ances should therefore be increased accordingly to reflect

the increased cost of living in this area.


7

‘VIRTUAL MINDER’ AGREEMENT

2006




8

NEXT BRANCH MEETING: TUESDAY 20th APRIL 2010, 1700 HOURS:

The Railway Tavern Public House (Conservatory room), Angel Lane, Stratford, London E15… CONTACT THE SECRETARY FOR DETAILS.

15th

JUNE 2010

Date post:	27-Jun-2015
Category:	News & Politics
Upload:	eastlondonrail
View:	129 times
Download:	2 times

Newsletter: Early May, 2010

News & Politics