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Vote YES to stop the victimisations of LU drivers!
RMT has served notice to London Underground that we are balloting all drivers on the combine over the victimisations of Eamonn Lynch and Arwyn Thomas.
Since Eamonn’s and Arwyn’s dismissals last year train drivers on the Bakerloo Line and at Morden depots have taken two days strike action for their reinstatement.
Both drivers won Interim Relief Tribunals when two judges ruled that our members were unfairly dismissed because of their trade union activities and LU were ordered to continue to pay their wages.
The standards set to win interim relief orders are very high and prove extremely rare and difficult to win. These rulings show that the tribunal judges were of the view that our members were sacked solely for their trade unionism.
To misquote Oscar Wilde, to lose one interim relief tribunal may be regarded as a misfortune; to lose two looks like vindictiveness.
Just as it is illegal to discriminate against a worker because they are a woman, black or gay; it is also illegal to sack someone because they are a trade union rep or activist.
LU’s actions against Eamonn and Arwyn are unlawful and show the contempt management have for all drivers on the combine.
If they can get away with these sackings when two drivers have rare legal judgments in their favour - what chances do the rest of us have up against a management who will stick two fingers up to the law?
RMT general secretary Bob Crow said that the fact that both members have won interim hearings at the Employment Tribunal showed that they were victimised “as a result LU has had to put them both back on wages and the time has come to get them back to work driving Tube trains.”
The RMT has received parliamentary support in our campaign to stop LU bosses abusing the law and our drivers. Jeremy Corbyn, MP for Islington North, said that he was appalled that London Underground was refusing to reinstate the men when the tribunal has already ruled that their dismissal was because of their trade union activities.
Jeremy said “It is vital that we stand up for our local trade union reps who are in the frontline of protecting workers interests.”
John McDonnell, MP for Hayes and Harlington, said that the London mayor and LU management were presiding over deteriorating industrial relations and a climate of fear. “It is essential that workers are free to act as trade union representatives without fear,” he said.
Eamonn Lynch’s full tribunal hearing was heard in early March and the union is awaiting the final judgement any day now. LU managers sent a delegation of 3 performance managers, two TOM’s a PMA, some admin staff and a senior HR manager. London Underground has invested a lot of money and resources in these sackings and is clearly rattled at the consequences of tribunal rulings in our drivers favour. The managers taking the witness stand were so embarrassed of their case that they were afraid to look at Eamonn and his barrister in the eye. The manager who sacked Eamonn crumbled under cross examination and even disowned herself from her original reasons for the dismissal.
The union and our barrister are hopeful that the tribunal will make a reinstatement order in Eamonn’s favour. But the law does not make this automatic. Unlike other countries, if the employer refuses to reinstate then it only means an extra payment in compensation.
It is down to the collective strength of our members to force management to reinstate our victimisised reps. That is why the union is serving notice now - we will not accept the discrimination and unlawful sackings of our driver members.
As philosopher Edmund Burke said “All that is necessary for the triumph of evil is for good men (and women) to do nothing”.
Use your vote. Vote YES! Stop the illegal sackings of LU drivers!
Ballot papers will be sent to members April 6th and must be returned by April 27th.