Attendance and discipline
- Alex was the subject of a random D&A test on June 17th which returned a positive result for alcohol in the breath. This was despite Alex complying with LUL guidelines on alcohol consumption.
- Alex informed the tester that he suffers from type 2 diabetes and is prescribed Metformin to manage the condition. It is a matter of fact that sufferers of type 2 diabetes can give false positive readings.
- Alex hadn't eaten any food for 19 hours before the test. It is a matter of fact that people fasting, or on certain diets, can give false positive readings.
- Alex McGuigan dismissal unfair
- Testing flawed
- RMT demands justice now
Alex Mcguigan has been dismissed for failing a breathalyser test. The RMT believe that this dismissal is a travesty of justice.
At first glance many may feel that a failure to adhere to LUL's drugs and alcohol policy would rightly lead to dismissal, however we have clear evidence that shows there is no proof to support the allegation that Alex broke the policy. We outlined three major medical points in his defence, all of which LUOH conceded being possible proof of a false positive being shown on the breathalyser.
The GGC has considered a resolution from our Central Line East Branch concerning the use of CCTV footage in a disciplinary case. The Branch highlighted a case where evidence against a member was sourced from CCTV footage but this was not made available to the rep who was representing the member.
Venue: Old Palace Yard, Westminster, SW1P 3JY
Urgent: Demonstration tomorrow in solidarity with ISS cleaners
09.00 Tuesday 8th July Old Palace Yard (opposite Parliament)
You will be aware that we are still in dispute with ISS over their plans to impose a Biometric Fingerprinting system to book on for duty. We had reached agreement that the company would allow the old booking on system for two weeks while we continued to talk. These talks have unfortunately failed to reach agreement.
London Underground were today notified that we are in dispute and all LUL Fleet members will be balloted for industrial action over the appalling treatment of LU Fleet member Brother Ainsley McKoy.
Brother McKoy has had disciplinary action instigated against him by a COO manager outside their sphere of influence, without any involvement or input from Fleet management. We believe this has serious implications across the whole of Fleet and in particular Call Point Train Maintainers where a manager in another function can feel at liberty to discipline a Fleet member.
A resolution was received from our LU Fleet Branch to advise how their members are appalled at the treatment of Brother Ainsley McKoy by COO Operations management. This follows a COO Manager instigating disciplinary action against a Fleet member outside their sphere of influence, without any involvement by COO Fleet Management in the process. We believe this has serious implications across the whole of fleet and our Call Point Train Maintainers where any manager can discipline one of our members and bypass the whole COO Fleet process. This sets a very dangerous precedent.
A ballot for strike action and industrial action short of a strike was held of our Tube Lines members at Northfield Depot over a Breakdown in industrial relations. This dispute related to reports we had received that management had been riding roughshod over agreements relating to the Sickness and Attendance Procedures. They had also withheld sickpay, denied the right to raise a grievance as well as the right to trade union representation.
LU Attacks on All Functions Mount Up
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We note the report from our lead officer and branch secretary. We note that the individual cases are now concluded.
We reaffirm our insistence that all duties associated with protection should be carried out by directly-employed staff, and are alarmed at the apparent backtracking by the company on this matter.
We instruct the General Secretary to ensure that this is pursued through the machinery of negotiation, and also to table this for discussion at the next meeting of the London Underground Briefing Forum.
London Transport Regional Council and branches to be advised.
We note the document from London Underground Ltd, clarifying that managers can and should exercise discretion in the management of attendance. We welcome this clarification, which follows concerted pressure from this union to demand that managers should stop routinely giving the maximum penalty to members.
We therefore instruct the General Secretary to circulate this document in full to all our London Underground branches and representatives, with a covering letter explaining its background and how to use it to the benefit of members.