Newsletter: Early May, 2010

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

0626 East London Rail
Branch New s
Email: eastlondonrail@rmt.org.uk

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

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

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
SO, GOOD REASON TO JOIN R.M.T., OR PERSUADE EAST LONDON RAIL BRANCH SENDS IT
SOMEONE TO DO SO- FOR ALL OUR SAKES!- CONGRATULATIONS TO THE BRITISH IMPERIAL
These are dark times. RULING CLASS ON BEING ELECTED IN THE LST
Some think that in the last year of a franchise, a TOC will stop caring LAST ELECTION ONCE AGAIN... IT WOULD BE
about its‟ troubles and just be nice for the sake of it. TRAGIC IF THE HABIT OF THE LAST FEW
WRONG HUNDRED YEARS WAS BROKEN!
They will treat the arse-end of their franchise like a fruit machine or a WE VOTED...
banged-put Cortina: put as little in as possible, get as much out of it BUT THE GOVERNMENT GOT IN
as possible, and rip the f***ing arse out of it. And we, the employees, VOTE BROWN: get Cameron;
and members, are the transmission and suspension... So we‟re getting VOTE CAMERON: get Clegg
ground like gears, starved of oil, sat on, and driven over a slag pit. VOTE CLEGG: get Cameron.
THINK IT’S CLAPPED OUT? JOIN THE R.A.C... REBEL AT CENTRE!! They‟re all chauffeur driven in the
STAN D F IRM same limo... just use different doors to
STA NDT O GET HER get out.
STAN D FOREVER FEEL SHAFTED YET?!

NEXT BRANCH MEETING: TUESDAY 15th JUNE 2010, 1700 HOURS:
1 The Railway Tavern Public House (Conservatory room), Angel Lane,
Stratford, London E15… CONTACT THE SECRETARY FOR DETAILS


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%

Dave Couzens, a trusted
and loyal RMT representative, has been dis- „May Day‟: Re-launched novel by
missed from his job as a Senior Conductor at RMT on turbulent times in London in
Cambridge by Arriva Cross Country. Brother the thirties. Re-released by R.M.T.:
Couzens was an elected Local Representative
“The country is in turmoil – the people are an-
at Cambridge and was co-opted onto the
gry at the excesses and corruption of the ruling
Company Council for the Grade of Senior
class; workers are told to increase production
Conductor. In the latter part of 2009 Brother
for less pay; bosses meet to discuss ways of
Couzens was suspended from duty for writing
increasing their profit margins; unions mobilise
to his local manager which is in itself is unbe-
the masses; a march takes place; police clash
lievable. He was represented by the RMT and
with demonstrators and a man is killed on the
was subsequently found free from blame and
streets of London. This could well be a snap-
received payment for loss of earnings.
shot of Britain in the 21st Century, but it is also
Brother Couzens was suspended and subse- an outline of some of the events driving May
quently dismissed in February of this year. He Day, a novel first published in 1936.”
was issued with a clause 9 after a spurious
Although “May Day” is set in the Thirties it shows that the same challenges
allegation made by a member of the travel-
facing workers nearly eighty years ago – union busting employers trying
ling public. Notwithstanding the fact he is one
to squeeze more out their workforce for less pay – are being thrown at
of our proud Union Representatives, it is un-
trade union members on May Day 2010.”- Bob Crow, General Secretary.
acceptable that we allow a precedent to be
set in relation to complaints made by the BUILDING ON OUR PAST
public. As a Union we cannot accept either an FIGHTING FOR OUR FUTURE
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.



L “They bury life, the IMF, EU, World Bank and shits, and with poison lips,
AL .
K . they‟re saying, while slicing our veins, „you‟ll pay for our mistakes‟: From the
** W.
F O FINCAS to the TOC‟s overseeing us, to the vultures playing' markets...”
N -Ed Shine, Branch Secretary
The European Union has met to cobble together a
R e - move the bloodsuckers, who are the global financial wizards that „rescue package‟ for Greece, in collaboration with
work at the IMF, WTO and the World Bank and practice the art of dark the International Monetary Fund.
finance AT OUR EXPENSE and THEIR GAIN. 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
The “Hot Money” cycle: The satisfy the international finance markets.
works like this: “Cash comes in for
With state bankruptcy once again staring Athens
speculation in real estate and cur-
„Briberization”: involves the in the face, the EU proposed a “life-line” loan of
rency, then flees at the first whiff of
criminal global financiers paying €30 billion. Set at interest rates of around 5 per-
trouble. A nation‟s reserves can
national leaders of poverty-stricken cent, however, the stop-gap measure will only
drain in days, hours. And when that
nations hefty amounts of dough for increase Greek indebtedness, while condemning
happens, to seduce speculators into
the direct sale of public assets to the population to yet more savage attacks.
returning a nation‟s own capital
oligarchical corporations and pri- funds, the IMF demands these na- The situation in Greece is paralleled by that in Ire-
vate foreign banks. All the illegal tions raise interest rates to 30%, land and Latvia, where even more draconian cut-
dough of the traitorous leaders is 50% and 80%.” Step two is mainly backs have been imposed. Across Europe, all gov-
then safely stashed in secret Swiss about hijacking of pension funds, ernments are making similar preparations.
bank accounts, miles and miles gutting employment benefits, and The fourth and last step is called “poverty reduc-
away from the nation‟s angry other social safety nets that people tion strategy” by the World Bank/IMF, or it could
citizens whose livelihoods and in- work all their lives for. be called “monopoly market politics.” People of-
comes are stripped in the process. ten mistake this last step with free trade policies,
And when the nation finally wakes up late in the afternoon, it realizes but one important thing to keep in mind, is that
that it was robbed deaf, dumb, and blind the night before. It also discov- this is “free trade by the rules of the World Trade
ers that it acquired an economic STD, so the pain has only begun and Organization and World Bank,” in other words, it
recovery is far from sight. An even bigger revelation awaits the nation, is corporatist-monopolist trade in the guise of
which will cause panic in the streets, and thrust the nation further into free market capitalism.
the economic abyss:
Democratic reform must include smart regulation
of credit and financial institutions, the reintro-
“THE IMF RIOT”: The people then begin to find out that the vampires
duction of public banking, the reduction of pub-
from the IMF and World Bank never left the night before, they were hid-
lic subsidies to undeserving corporations and
ing in the nation‟s economic closet, where they‟ve patiently waited to put
banks, the reinstatement of the principles of free
the third step into effect, which is a sharp rise in food and gas prices, and
economic competition, and lastly, the termina-
other commodities that keep a nation running from day to day on an
tion of the IMF, World Bank, and WTO, the
even keel. The IMF basically engineers the collapse through their crip-
“bloodsuckers,” whose agenda is to establish an
pling policies and proposals for social spending cuts, which create the
oligarchic grip on nations and peoples, and de-
conditions for riots, public rage and civil unrest.
prive them of all prosperity, as well as economic
and political independence.
20TH OCTOBER 2009, HOURS:
The Railway Tavern Public House (Conservatory room), Angel Lane,

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
THOUGH
Equal Opportunities Dept, are available from the Branch Secretary on request.
T
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 FOR THE
documentary evidence of their legal entitlement to work, they could be dismissed and MOMENT
the employer would most likely satisfy an Employment Tribunal that the dismissal was ‘Do not think that I came to
'fair'. The Guidance accompanying this legislation for employers is clear that the onus bring peace on the earth; I
lies with either the prospective or existing employee to demonstrate their legal entitle- did not come to bring peace,
ment to work. It is clearly stated that "Any person found to be working illegally is liable but a sword. For I came to set
to prosecution and/or removal from the UK." Members in this situation, should be ad- a man against his father, and
vised to contact the Immigration Advisory Service (IAS), the largest charity specialising
a daughter against her
in immigration and asylum law (020 7967 1200 or www.iasuk.org). mother, and a daughter-in-
EMPLOYERS HAVE A DUTY UNDER THE ASYLUM & IMMIGRATION ACT NOT TO law against her mother-in-
KNOWINGLY EMPLOYEE SOMEONE ILLEGALLY WORKING law; and a man‟s enemies will
be the members of his house-
THEY SHOULD HOWEVER SEEK DOCUMENTARY EVIDENCE FROM ALL THOSE hold. „
WHO HAVE NEVER BEEN CHECKED BEFORE NOT JUST A FEW. -Matthew 10:34-39

IT IS NOT YET CLEAR THAT THE COMPANY IS COMPLYING WITH THESE „I have come to cast fire
PROVISIONS. ALL REP‟S SHOULD REPORT ALL KNOWN CASES TO THE upon the earth; and how I
SECRETARY AND FURTHER ADVICE WILL BE TAKEN. THE CASE CONTINUES.... 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

4 Stratford, London E15… CONTACT THE SECRETARY FOR DETAILS


“With bonus and commission
arrangements, if employees
have earned it and are
expecting it, then generally
they are entitled to it!”

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 If certain payment arrangements have been agreed be-
there will be rules which govern the manner tween parties and the employer subsequently departs
and method in which that commission is paid. These rules from these, which then results in a financial loss to the
may have been recorded in writing, or agreed orally, or have employee, the employee can claim unlawful deduction of
arisen through past practice. wages. E.G.;
When drafting contracts of employment for employers solici- •there are arguments about bonuses to be paid when an
tors are often asked to ensure that any entitlement to commis- employee leaves their employment;
sion under the contract is expressed to be discretionary in •there is a dispute about the amount of notice pay to be
nature. This “discretion” often purports to allow employers to paid.
vary or alter the terms of a commission scheme and even to Contrary to popular belief there is no compensation
cease or withdraw payments without notice. Often both em- payable if an employee wins an unlawful deduction from
ployers and employees believe that this is sufficient to effec- wages claim. Monies unlawfully deducted must be paid to
tively draw and end to the matter. Not so! the employee, but there is no compensation payment for
the inconvenience, injury to feelings etc.
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 should not extend to any commission or bonus payments
given, clearly these schemes can be varied and altered and provided they are paid with regularity (as a matter of
might be abolished, but whilst the schemes are in being, the factual history) and regardless as to whether or not
anticipation will be that in normal circumstances commission specific mention is made in the contract itself. On this ba-
will be paid on work which has been carried out and on which sis the principle could be extended to include practices
the calculation is based; the anticipation of both parties is such as the payment of an annual Christmas bonus.
clearly that it will be payable.” An employer‟s failure to pay commission or bonus in
Kent Management Services Ltd v Butterfield, 1992 these circumstances is likely therefore to constitute a
breach of contract and will probably permit an employee
In this case the reference to the discretionary commission to resign and claim constructive dismissal. Alternatively an
scheme was contained in the contract of employment. employee could remain in employment and simply bring a
However, there is no obvious reason why the principle claim for Unlawful Deduction of Wages.


There has been much discussion, acrimonious and otherwise,
on the proposal to „implement‟ (a nice management word
2010 PAY CLAIM which is quite capable of being synonymous with imposi-
With the expiry of the four-year pay deal, our pay- tion!!!). East Side management have entered their Boudoir
submission is being made at talks with the Company at and convoluted their drawers... In other words, got their
Oliver‟s Yard in May. The following points need to be em- knickers in a twist!
phasised, regarding the current loss of purchasing power All that has so far been established is that they are all of a
by our members‟ due to the prevailing economic climate: sudden in dire need of coverage at Liverpool Street. But as
has been pointed out at Company Council Level, the only two
SUBSTANTIAL PAY AWARD guaranteed ways of dealing with this are the two ways that
Dramatic rises in food, fuel, and other living costs necessi- are not only out of the Revenue manager‟s hands, but are at
tates this. with „No Strings Attached‟ , in order for mem- least partially a direct result of their own ill-founded actions
bers‟ to continue to meet the cost of living. originally. IF THEY RECRUITED STAFF: it wouldn‟t be a prob-
lem. IF THEY HAD A PERMANENT DEPOT AT LIVERPOOL
REDUCTION IN WORKING WEEK STREET: it wouldn‟t be a problem now.
RMT members have identified a further reduction in the But these things, thanks to the „Ostrich Effect‟ (i.e., heads in
working week to 34-hours as a key target this year. sand keeps consequences of blind ignorance from the door)
are not going to happen so NOW they believe (can they
FAMILY-FRIENDLY POLICIES really believe it?!) that by fiddling with rosters they will cre-
ate more staff. DR. FRANKENSTEIN TRIED TO CREATE
The desire for improved work-life balance is coupled with
BODIES OUT OF NOTHING... And we know what hap-
a demand for more progressive „family-friendly‟ policies.
pened there! The Secretary recalled to the Branch that
IMPROVED TRAVEL FACILITIES when he was Local Rep at Liverpool Street he put up a notice
– when similar roster rumours were circulating– he put up a
Railworkers recruited after privatization are aggrieved at
notice INFORMING THE COMPANY THAT TRADITIONALLY
their „second-class‟ status in regard to travel facilities and
THE R.M.T. RESPONDS TO IMPOSED ROSTERS WITH A STRIKE
justice demands that full facilities be extended to every
BALLOT. The notice was taken down by a Team Leader and
the Rep. was then called into Alan Perry‟s office where he was
FINAL SALARY PENSION PROVISION informed that the notice was unnecessarily inflammatory.
Employees to have access to final salary pension provision. Bearing in mind that the same Head of Department is now
DENYING he ever gave a recent GUARANTEE that Rosters
IMPROVED LONDON ALLOWANCE
would not need to be changed, if a similar notice went up
For those members living in London and the SE the effects would it be considered INFLAMMATORY... Or merely accu-
of the continued rise in some living costs (e.g., travel) are rate?
felt more keenly. London weighting and associated allow-
Local Reps are now dealing with the Rostering issue. The
ances should therefore be increased accordingly to reflect
Branch recommends an AUTOMATIC ‟Failure to Agree‟ on
the increased cost of living in this area.
this at all levels of the Bargaining Machinery. And any impo-
THE REVENUE PROTECTION COMPANY COUNCIL ADVISES sition of Rosters will result in a similar notice going up. Per-
THAT A „NO-STRINGS‟ DEAL IS A PRE-REQUISITE AND FUN- haps the Secretary was right... Three years early!
DAMENTAL. This is because productivity has already gone THE WAGES YOU EARN AND THE HOURS YOU WORK FOR
through the roof in this Department thanks to our members. THEM: THESE THINGS WE WILL HAVE TO FIGHT FOR NOW.
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 !!!!


‘VIRTUAL MINDER’ AGREEMENT
2006

7 Stratford, London E15… CONTACT THE SECRETARY FOR DETAILS


th
15 JUNE 2010

NEXT BRANCH MEETING:
TUESDAY 20th APRIL 2010, 1700 HOURS:
Stratford, London E15… CONTACT THE SECRETARY FOR DETAILS.

Newsletter: Early May, 2010

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