Attendance and discipline

RMT General Grades Committee decision:

We note the legal advice received on this matter.

While we are disappointed that our advisers believe that there is no legal avenue to compel London Underground to allow trade union representatives to accompany members at Rainbow Attendance Review meetings, we welcome the advice that it may be possible to pursue legal claims arising from London Underground Ltd’s apparent unilateral change to its attendance policy.

We therefore instruct the General Secretary to:

RMT General Grades Committee decision:

We note the report from our Regional Organiser, and welcome the confirmation from London Underground management that Local Disciplinary Interviews (LDIs) should not be conducted by the same manager who conducted the fact-finding.

We instruct the General Secretary to advise all our London Underground representatives of this, and to request that any attempts by management to breach this are reported to us.

RMT General Grades Committee decision re Northfirelds depot case:

We note the report from our LU Fleet branch secretary that the ballot for industrial action is no longer necessary as the disciplinary action against our member has been dropped with ‘no case to answer’.

RMT General Grades Committee decision:

We note the resolution from our LU Fleet branch and share the branch’s concerns about the unjust way in which our member is being treated. We further note the branch’s view that members have no trust in the disciplinary procedure being applied fairly, and wish to take industrial action to ensure justice for their workmate.

General Grades Committee decision:

We note that the Employment Tribunal found on 17 August that London Underground dismissed Victoria line driver James Masango unfairly, that London Underground unreasonably required him to drive a train when he was not fit to do so, and that James made no contribution to his dismissal. This is a shocking case, in which LU management’s determination to force its employees to work whether or not they are fit to do so has resulted not only in an unfair dismissal but in putting the travelling public in danger.

RMT General Grades Committee decision:

We note the report from the General Secretary.

We instruct the General Secretary to write immediately to all London Underground branches and representatives outlining how the review is to progress, and asking them to submit any issues which they think should be raised.

From RMT General Secretary Bob Crow to RMT Fleet members at Northumberland Park depot:

Dear Colleagues,

I write to advise you that the ballot for industrial action has now been suspended as an agreement has now been reached on this matter. As you will recall three of your colleagues were being disciplined following allegations that they breached LUL (TFL) Internet and Email policy back in 2008 and faced serious sanctions. Your Union argued that as TFL were not the employer at the time and due to the timescale involved it was unreasonable to go down this route.

RMT General Grades Committee decision:

That we note the report from our Regional Organiser. We note that the outcome of the disciplinary process was that our members were issued with 52-week warnings to run from the date of the alleged offence, and that as this was in 2008, the warnings have now expired.

RMT General Grades Committee decision:

That we note the report from our Regional Organiser. It is clear that London Underground Ltd is using the ‘rainbow’ attendance procedure to crank up its persecution of our members who are unfortunate enough to be unable to attend work through sickness, injury or other adverse circumstances. The company is using arbitrary targets and spurious ‘patterns’ to summon members to meetings, at which it denies them representation, and from which it issues ‘outcome’ letters which threaten disciplinary action.

This resolution submitted by Neasden branch was carried unanimously by the March metting of the Regional Council:

That this LRTC notes with concern LU’s demand that some staff must meet a 96% attendance level.

This 96% attendance level has been explained as a part of a ‘Rainbow’ process and has been used against RMT members to threaten further action up to and including medical termination.

RMT's General Grades Committee took this decision today:

That we note and accept the report from our Regional Organiser, and accordingly agree that this matter is now closed.

This resolution, submitted by Morden & Oval branch and amended by Finsbury Park branch, was passed unanimously by October's Regional Council meeting.

This Regional Council notes that management are pressurising members to sign agreements regarding their attendance performance. This has led to our members who have failed to meet this attendance target level being dismissed.

The Regional Council reaffirms its opposition to management's attendance policy.

DISMISSAL- K.MORTELL, TRAIN OPERATOR, WHITE CITY, (LUL/4/1)

Dear Colleague

I regret to advise you that the ballot to reinstate Brother Mortell must be rerun due to an administrative error With the Anti Trade Union laws being so incredibly restrictive we cannot risk the company challenging the previous ballot and declaring any industrial action called from it illegal. Therefore the safest course of action is to re run the ballot and I offer my sincere apologies to for this error.

Section 10.1(a) of the Employment Relations Act 1999 states:

Right to be accompanied

(1) This section applies where a worker—

(a) is required or invited by his employer to attend a disciplinary or grievance hearing, and

(b) reasonably requests to be accompanied at the hearing.

No reader of Monthly News will be surprised to hear that since our strike in June 2009, there have been at least five more wrong-side door openings (WSDOs) with management trying to hush them up and rightly not referring any of the staff involved to disciplinary action. Management know that these incidents have only happened because of their failure to provide the safety device used on all other stock on all other lines - Correct Side Door Enabler (CSDE). No one has been sent to a disciplinary hearing, that is, except the person most unlikely to have been sent to one.

It sometimes seems as though staff and management are subject to entirely different company disciplinary procedures. Why? Consider what would happen if you were accused of kicking another member of staff or of racially abusing someone in full view of a customer. Yes, you guessed it; you would be stood down pending investigation. But not if you are a manager, apparently! An Arnos Grove DMT was recently alleged to have assaulted one of our driver members by kicking him, but incredibly remains at work.

RMT train driver members on the Bakerloo Line have returned a massive yes vote in the fight to defend 2 of our colleagues who were recently summarily dismissed. In a 50% turnout Elephant & Castle members voted a massive 10-1 in favour of strike action to defend Bro. Chambers and Queens Park returned a handsome 4-1 majority in defence of Bro. Miah. All Bakerloo drivers are urged to support the fight to reinstate both. There is a meeting on Thursday 14th January at 16:00 hours in the Clachan: nearest tube Oxford Cicus, to discuss what action we take next.

This is a circular from RMT General Secretary Bob Crow - LUL/4/4

Concerns have been raised with regard to the posting on the internet of a film of a Customer Service Assistant allegedly behaving inappropriately towards a customer, and the resulting campaign for his dismissal.