Joint Operation-Train Operating Companies & Network Rail

Circular No IR/149/13


To All Branches, Regional Offices & Regional Councils


Our Ref: BR/15/4
7th March 2013


Dear Colleagues

JOINT OPERATION – TRAIN OPERATING COMPANIES & NETWORK RAIL

Further to my previous circular on the above matter dated 20th November 2012 (IR/647/12), I can report that I have been able to obtain a copy of a continuation document which refers to an Alliance Framework between First Scotrail and Network Rail.

The General Grades Committee has considered this matter and has taken the following decision:

“That we note the report covering the proposed ‘deep alliance’ between Network Rail and First Scotrail. Further we note that Scotrail and Network Rail will be arranging consultation meeting to discuss this matter, with all relevant trade unions invited to attend.

Further we note that the General Secretary will be meeting the Managing Director of South West Trains regarding a similar alliance between SWT and NR. Therefore we instruct the General Secretary to place a full report from both meetings before us as soon as possible. Branches and Regional Councils to be advised.”

I will now be acting on the instructions of this decision and I will keep you advised of any developments.

Yours sincerely

Bob Crow
General Secretary

Bob Crow on Question Time

Dear Colleague,

BBC QUESTION TIME - THURSDAY 7th MARCH 10.35PM FROM DOVER

I will be appearing on the panel on BBC1's Question Time this Thursday, 7th March at 10.35pm, from the ferry terminal in Dover.

Of course I will be using the opportunity to make the case for worker's rights, public services and the defence of jobs and decent wages and working conditions.

If you miss the programme it will be available on the BBC's IPLAYER service after the show.




Bob Crow
RMT General Secretary

SWT Pay Talks 2012 Update

A meeting was held with South West Trains to discuss Oct 2012 pay on, 28th Feb.

The company advised us they were making a final offer as follows,

2.5% or £500 (whichever is the greater) on rates of pay.
2.5% increase on London waiting.
Introduction of family and friends travel concession scheme (detail to follow).

The offer was conditional on accepting a range of issues to improve the return to normal services following, disruption of services.

Your negotiaters explained to the company that we would be willing to discuss any procedure or policy the company wanted to propose however we could not be tied to accepting those proposals based upon agreeing pay.

The company have indicated they would write to the union with their offer in writing outling what they would formally propose as their final offer.

The offer has not been rejected or accepted at this time, we have asked to company to reflect on their offer before committing this to a final position.

The Regional Organiser will be making a report to the GGC once he has received the company's proposal and will keep you advised of developements.

Use Of Agencies in The Railway Industry

Circular No IR/146/13


To All Branches, Regional Offices & Regional Councils


Our Ref: BR1/13/1
1st March 2013


Dear Colleagues

USE OF AGENCIES IN THE RAILWAY INDUSTRY

Further to my previous circular on the above matter dated 17th January 2013 (IR/36/13), the General Grades Committee has considered this matter and has taken the following decision:

“We note the further responses from Train Operating Companies as follows:

• Grand Central states that it uses Trainpeople at King’s Cross, jointly with First Hull Trains (although First Hull Trains states that it does not use Trainpeople). We instruct the General Secretary to seek a meeting with both employers to discuss the situation and seek to ensure that they are fulfilling their legal obligations under the Agency Worker Regulations 2010.
• Virgin states that it does not use Trainpeople and that its use of agencies is ‘negligible’. We instruct the General Secretary to write to Virgin seeking details of exactly what use it is making of agencies.
• Northern Rail confirms that it is using Trainpeople for revenue protection work. We note that Northern Rail’s use of agencies is subject to a current dispute with this union.
• East Coast states that it does not use Trainpeople. We instruct the General Secretary to seek clarification as to which other agencies it does use.
• South West Trains states that it does not use Trainpeople.
• Merseyrail states that it does not use Trainpeople.
• Greater Anglia states that it is reviewing all contracts with agencies. We instruct the General Secretary to immediately contact this company seeking an internal meeting at which this union can make the case for direct employment instead of the use of agencies.
• London Midland states that it has used Trainpeople ‘on occasions’. We instruct the General Secretary to write to the company seeking a meeting to discuss the situation.

We note the report from our Regional Organiser that Chiltern Railways uses the Evolution agency for cleaning duties and that its staff are paid £6.90 per hour, have access to advertised Chiltern vacancies and free staff travel to and from work; and that the company is exploring restructuring cleaners’ employment, including the possibility of bringing this work in-house and/or applying the Living Wage. We instruct the General Secretary to pursue these discussions in line with union policy.

Further to our letter to TOCs and London Underground Ltd, we instruct the General Secretary to write similarly to all other railway employers and to place responses in front of us. We instruct the General Secretary to ensure that our ‘Know Your Rights’ guide is printed without further delay. We welcome the translation of this guide into Russian and Polish and instruct the General Secretary to seek translations into Romanian and Bulgarian as well.

This matter is to be placed back in front of us in the event of any developments and in any case before the end of April 2013. Branches and Regional Councils to be advised.”

I will now be acting on the instructions of this decision and I will keep you advised of any developments.

Yours sincerely

Bob Crow
General Secretary

New Inflation Rates

Head Office Circular No. NP/039/13

To the Secretary all Branches,
Council of Executive members,
Regional Councils and Regional Offices.

Tuesday 12th February 2013

Dear Colleagues,

New Inflation Rates

The Office of National Statistics has just published new inflation figures for the twelve months to January 2013.

The Retail Price Index (RPI) stood at 3.3% for the year to January 2013, up 0.2% from the 3.1% figure to December 2012.

The Consumer Price Index (CPI) stood at 2.7% for the year to January 2013, unchanged from the figure to December 2012.

According to the ONS, the rise in the price of seasonal food was the biggest contributor to the increase in the RPI rate to January 2013. The CPI rate remains unchanged for the fourth consecutive month, mainly due to post-Christmas increases in the price of alcohol and air fares being offset by a fall in the price of miscellaneous goods and services and the continued fall in prices for clothing and footwear.

RMT pay submissions will continue to emphasise that your financial commitments have increased at a greater rate than inflation and that your living standards are undermined by this disparity.

Yours sincerely

Bob Crow
General Secretary

ORR Guidance-Managing Rail Staff Fatigue

Head Office Circular: NP/036/13
Our Ref: HSS/2/4
06th February 2013
ALL BRANCHES
REGIONAL COUNCILS
REGIONAL OFFICERS
RMT REPRESENTATIVES


Dear Colleague,


ORR GUIDANCE – MANAGING RAIL STAFF FATIGUE


The Office of Rail Regulation has published Guidance to managing rail staff fatigue. The Guidance is aimed at individuals who have a responsibility for managing fatigue, including those who have control of safety critical workers under Regulation 25 of the Railways and Other Guided Transport Systems (Safety) Regulations 2006 (ROGS). The Guidance sets out the legal duties to manage fatigue and what systems employers should have in place to manage the risks that may arise from fatigue.

The General Grades Committee made the following decision:

“We note the Guidance from the ORR but are concerned at developments where companies are using fatigue to attack members’ terms and conditions. Hours of work are a matter for negotiation between this union and the employers and must remain so.

In addition, in order to assist our representatives the General Secretary is instructed to produce a briefing paper on the Guidance and distribute it widely to Lead Officers and Representatives with an article in the RMT News. We further instruct the General Secretary to instruct Lead Officers to approach companies seeking joint training for representatives and managers on the Fatigue Guidance.”

In accordance with the decision, I have prepared a briefing for the ORR Guidance which is attached/enclosed. Branch Secretaries are asked to distribute the briefing document to reps involved with roster planning or fatigue monitoring. In addition to the briefing, Lead Officers are instructed to seek joint training for reps and managers on the subject of rail staff fatigue. Click here for the ORR Guidance http://tinyurl.com/acehtbe or here for the RMT Briefing Document http://tinyurl.com/albab48

Please read the briefing and if you have any queries contact the Health & Safety section on s.mackay@rmt.org.uk or 0207 529 8838.

Yours sincerely,

Bob Crow
General Secretary

Travel Facilities, Retired Staff- South West Trains

Circular No IR/83/13


To All Branches, Regional Offices & Regional Councils


Our Ref: BR2/12/6
1st February 2013


Dear Colleagues

TRAVEL FACILITIES, RETIRED STAFF – SOUTH WEST TRAINS

Further to my previous circular on the above matter dated 3rd January 2013 (IR/05/13), in which I reported that, South West Trains are intending to introduce a new loyalty pass which will replace the concessionary retired staff travel pass.

Currently our members retiring at 65 receive staff travel passes regardless of their length of service, but the new loyalty pass will have a 20 year qualifying period. RMT is currently challenging SWT directly on this issue, reminding them that the concessionary travel arrangements were negotiated in good faith and that our members expect this to be honoured.

I will, of course, keep you fully advised on any further developments.

Yours sincerely

Bob Crow
General Secretary

RMT & TSSA Merger

Circular No: MF/13/13
Our Ref: 0/5/1

31st January 2013


To: The Secretary
ALL BRANCHES AND REGIONAL COUNCILS


Dear colleague

RMT & TSSA Merger

Arising from Council of Executives’ Decision No. CE503, 29th August 2012, I wrote to the TSSA and advised that the Union would only be interested in a Federation, subject to our Council of Executives agreeing the terms of reference, if its ultimate aim and objective is to have a merger between TSSA and RMT. A copy of this letter was enclosed with Circular No. MF/83/12.

The attached response was received from the TSSA and was placed before the Council of Executives on 12th October 2012. The matter was referred to the Organisation, Training and Education Sub-Committee who submitted the following report:

​“That we have received the letter from TSSA who have stated they do not see the ​federation as a stepping stone towards a merger between our Unions.

​The General Secretary is to write to TSSA and reaffirm our position that we want one ​industrial union in the Transport Industry and our door is open for talks with the TSSA to ​achieve part of this aim.

​The letter and the letter from the TSSA to be send to all Branches and Regional ​Councils.

The Council of Executives noted and adopted the above report under Decision No. CEww, 22nd November 2012. In line with this decision, I have written to the TSSA and have attached a copy of this letter for your reference.

Yours sincerely


B. Crow
General Secretary

Changes to Personal Injury Applications for Assistance

Circular No: NP/029/13

Our ref: LA/019/12

30th January 2013

TO ALL BRANCHES, REGIONAL COUNCILS AND REGIONAL OFFICES

Dear Colleague,

Changes to Personal Injury Applications for Assistance.

I am pleased to advise that we have been able to agree with Thompsons that our arrangements with them regarding wills, and advices shall continue but due to the Legal Aid, Sentencing and Punishment of Offenders Act 2012, we will need to change our system of referrals for personal injury cases as it is a legal requirement that members access the RMT legal service for personal injury cases by instructing RMT Solicitors, Thompsons, direct. This can be done by members ringing 08457 125 495 or by sending an RMT Legal Assistance Form L1 to TUCH Arundel House 1 Furnival Square Sheffield S1 4QL. Where a member contacts the branch with the form, the branch should ensure the member sends it direct to Thompsons at the above address or rings the claim through on 08457 125 495 (no paper work required). As at present, the branch can of course keep a copy of the form L1 for their own records.

This only affects members in England and Wales.

I will keep you informed of further developments in this matter and I would be grateful if you could bring the contents of this circular to the attention of your members and implement the changes with immediate effect.

Yours sincerely


Bob Crow
General Secretary

Travel Facilities, Retired Staff-South West Trains

Circular No IR/05/13


To All Branches, Regional Offices & Regional Councils


Our Ref: BR2/12/6
3rd January 2012


Dear Colleagues

TRAVEL FACILITIES, RETIRED STAFF – SOUTH WEST TRAINS

I have been advised by South West Trains that they wish to introduce a new concessionary retired staff travel pass. The company has informed me that now the mandatory retirement age of 65 has been removed, their current policy on retired concessionary travel can no longer apply.

Therefore the current concessionary retired staff travel pass will be turned into a loyalty pass. The new loyalty pass will be available after retirement with the prerequisite that the retiree completes 20 years of service with South West Trains.

The General Grades Committee has considered this matter and has taken the following decision:

“That we note the report from our Regional Organiser and the correspondence from South West Trains. It is truly staggering that the company are seeking to restrict concessionary staff travel arrangements that formed part of the 2002 pay award, under the guise of adhering to the age discrimination legislation.

Therefore we instruct the General Secretary to challenge SWT on this issue, reminding them that concessionary travel was negotiated in good faith and our members expect this to be honoured. Further legal opinion is to be obtained regarding the company’s claim that they could be in breach of legislation if they continue with the current arrangements. Relevant Branches and the Wessex Regional Council to be advised.”

I will now be acting on the instructions of this decision and I will keep you advised of any developments.

Yours sincerely

Bob Crow
General Secretary