Avanti West Coast Newsletter May 2022

Avanti West Coast Newsletter

MAY 2022

Vote YES for Industrial Action

We need a strong turnout and a YES vote for industrial action in the current national ballot. That is the only way we can protect jobs and services going forward and resist and attempt to reverse the numerous attacks on our jobs and conditions.

The already appalling state of industrial and employee relations between RMT and Avanti West Coast has slipped even further with the company treating the union and YOUR elected representatives with utter contempt.

Avanti West Coast are bulldozing through multiple changes and heaping huge pressure on staff to deliver a good service with increasingly limited resources.

Much of this is hidden behind the excuse that passenger numbers fell in the Coronavirus pandemic and that the industry needs to “change”. In a pandemic that saw rail workers heralded as key workers all your previous efforts have been cynically forgotten as the company – supported and enabled by the Government – attacks jobs, terms and conditions and pay.

It’s bad across the whole industry but at Avanti West Coast it is even worse. As passenger numbers increase again the industry and company needs to be prepared.

The company’s idea of consultation and negotiation now is to get the RMT and your representatives into meetings and tell us what changes they are imposing on us. They don’t answer questions, they increasingly don’t even respond properly.

A number of ticket offices jobs were lost in the voluntary severance scheme, particularly in relation to where individuals took non-negotiated, government funded voluntary severance. There was no consultation on the detail of this with the union, neither was there any

discussion about how remaining staff would cope with increasing workloads or demand.

Avanti then went further, where posts in ticket offices were vacant they took a decision to not fill them. The union was merely advised after the fact.

Train Catering Crews have also suffered the same treatment. RMT and your Reps raised numerous concerns about increasingly unrealistic workloads and the company used the excuse that passenger numbers were down from their pre-pandemic highs without any plans for a post-pandemic increase. They also did not take into account proper staffing requirements for their new at seat and First Class offers.

At the TUPE Transfer back in 2019, when Avanti took over from Virgin, there were 858 on-train catering staff. Back in December 2021 the company assured the Catering Company Council and RMT that they would be aiming to backfill vacancies up to a desired figure of 818 catering staff full time equivalents. Now they say the figure is reducing to a requirement of 717. You simply can’t believe a word Avanti bosses say!

RMT believe train catering is an essential part of the passenger experience and is a vital service. It needs to be properly resourced and organised.

Following a meeting with the RMT Train Catering Company Council the NEC have agreed to progress this separate ballot (If that specific ballot also returns a yes vote any action is likely to run alongside the outcome of current national ballot of all TOCs and Network Rail). It will be a separate issue that needs resolved for our Avanti catering members – and ONLY related to them.

To protect your job and on train catering services it is essential you vote YES in BOTH ballots.

Report from company talks

RMT Lead Officer Craig Johnston attended talks on 10 March with Avanti West Coast Management and ACAS, together with our Avanti West Coast Train Managers Company Council Reps in an attempt to try and resolve numerous outstanding items.

It was always going to be difficult to resolve many issues in one day – but after seven hours we managed to resolve nothing and only dealt properly with one issue.

The issue was the Avanti Mobile Phones for Train Managers. There is no agreement to use mobile phones. However, on a voluntary basis, if staff accept the phone it can be used for text messages, calls and emails.

The company are now bombarding staff who have accepted the phone with multiple apps, some that have to be

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downloaded and others apparently just appear on the phone – if you delete some of the apps they simply reappear.

The Train Managers Company Council have serious concerns that the apps are potentially being used to monitor staff without appropriate safeguards. The company says it has a GDPR policy but the Reps are questioning whether it is either legal or appropriate. Our Reps also believe that a large company with union recognition should get our agreement for any policy.

In relation to GDPR the Train Managers Company Council reps want “to have an agreed policy framework which would incorporate the items that produce individuals data listed and capabilities of each item - and a GDPR policy that will also cover CCTV, BODY-CAMS, Mobile phones, scanning ticket machines and ANY OTHER digital device that retain digital data, we believe this would give safeguards for employees and would (in the opinion of the Train Managers Company Council) benefit the company within legal framework”.

A further issue that some of the apps being placed on the phone may end up being productivity items.

We asked the company to withdraw the apps and sit down with the Company Council and talk through the issues.

Whilst the company have stated that they will brief the Council on all the apps they have REFUSED to withdraw them in the interim until they can reach an agreement with us on each app.

The TRAIN MANAGERS company council have met with the RMT executive who will be issuing a circular and advice to staff on this issue.

On Friday 25th March 2022, we again convened our talks with Avanti Management on the TRAIN MANAGER issues with the attendance of ACAS – there were some 22 items on that agenda - not including the mobile phone issues that were dealt with (unsuccessfully) previously.

A brief summary of the issues are outlined in this newsletter. Where issues are linked we have put them under one heading.

SCANNERS

FIRST GROUP POLICIES

In the past the company had stated all data picked up by the scanners would be anonymised, however, this is clearly not the case as staff are now being questioned relating to their performance on the scanners. Although the company have said that they will not put people on poor performance on the sole basis of analysis of scanner results they have said it may be a contributory factor.

There is a secondary but equally important issue and that is a potential payment for each ticket scanned (something that has been embraced by some other TOCS). Whilst the company have said they will talk to us on that there is no offer.

The policies were apparently never properly agreed, neither was there any need to get agreement for them according to Avanti – the company are stating the matter is closed and the policies are implemented.

This relates to the use of scanners for tickets, rather than staff using a conventional ticket stamper when carrying out revenue protection duties.

The Train Managers’ Company Council have discussed this matter with the RMT Executive and you can expect a decision on this issue shortly.

STANDARD PREMIUM

The introduction of a third class of travel “Standard Premium” on MOST Avanti routes has led to a number of issues: • The old system of First Class upgrades is no longer available: these were sold by Train Managers who received commission on the product – this has effectively been lost with no compensation.

• Standard Premium is also not available on the Voyager Fleet of Avanti Trains - obviously this has a significant effect (particularly those on the Holyhead Route where the only trains are Voyagers) Whilst the effective abolishing of the old First Class upgrades has had an effect on commission – a scanner payment may ease that situation a little but we have also asked the company to look at the introduction of an upgrade offer where standard premium doesn’t exist because of the type of train.

When Avanti took over the franchise from Virgin, the company sought to introduce new policies in TUPE talks.

They stipulated these policies were “First Group Policies” and were not amendable and mainly non-contractual.

At the time the RMT staff side provided some analysis of significant changes to policies, some of which would impact directly on staff in a potentially detrimental way.

The item was REMOVED from the dispute resolution in relation to Train Managers as it relates to policies affecting multiple grades. RMT have asked the company for a joint meeting of the councils to discuss these policies and significant identifiable changes from the Virgin policies. We will be writing again to the company asking for this – we believe this issue is outstanding from December 2019.

PICO NEW TECHNOLOGY

The company have stated they have no plans for the immediate introduction of the PICO system for use by Train Managers. We have made it clear that IF and WHEN it is introduced we will be looking for a new technology payment to use this equipment. The matter is on hold pending any introduction but we have made our position clear.

BODY-CAMS

The company have mandatorily introduced Body-Cams for a number of grades including Train Managers to assist in combatting staff assaults and abuse. Generally, we are supportive of this BUT there is a huge issue around safeguards and using evidence from the BODY-CAMS in investigations and potentially disciplinaries against staff.

The company have intimated that as they become

mandatory to wear (subject to availability) any downloaded information from them will only be used in criminal, safety or security investigations.

The company have issued a further document for consultation but it still doesn’t satisfy our concerns on this issue.

There is another significant issue here which we flagged during the ACAS talks – even if the company breaks its own CCTV, Body Cam or surveillance policies, an employment tribunal will (we understand) still accept the management using that evidence in a reasonable belief test when dismissing staff.

We have reported the matter to the RMT Executive who are considering this issue.

STP ARRANGEMENTS 60 MINS ADDITIONAL

Due to the prevalence of STPs – both daily and weekly – it has been directly challenged by Train Managers Company Council. The company believe they have an historic agreement that when Train Managers are rostered STP they can also roster them an additional 60 minute overtime on the basis of custom and practice.

By the same token we had a number of rest days or a specific number of RD days agreed mutually biannually which the company chose to reduce unilaterally under the excuse of Covid.

The company CANNOT produce any signed document to substantiate the 60 minute agreement but are still insistent they will continue this practice of working. They believe they are in a strong legal position to do this (even with the lack of agreement). While they call custom and practice on this as an implied term and condition they unsurprisingly don’t believe a similar situation applies to previous rest day agreements and arrangements.

The Train Managers Company Council has provided a number of suggestions to resolve this which were rejected. The Council has also met with the RMT Executive in respect of these important work life balance, rostering terms and conditions.

REDUCTION IN THE WORKING WEEK

As part of the conclusion of the 2017 pay dispute, whereby a commitment of a one hour reduction was delayed until Dec 2020, or franchise change, this item remains a committed agreement which we continue to pursue. It is accepted that a reduction in the working week for train managers is an aspiration for us that we want to see realised.

However, while the possibilities of achieving this immediately or in the near future look challenging, it remains firmly on the staff side agenda and the Train Managers Company Council is looking to negotiate on this at the earliest opportunity.

METHOD OF WORKING – VOYAGER UNITS – TWO TRAIN MANAGERS

Referring to a 2015 risk assessment, apparently the preferred method of working for Voyager trains when in multiple is to have a qualified, safety critical train manager in each portion of the train. The company have said that that was still an objective and they would try to achieve this. Any changes to risk assessments would be done after proposals via the company joint safety committee. It was accepted that after the JSC the matter could also become an industrial issue as well as a safety issue.

ROSTER ARRANGEMENTS

The Train Managers Company Council had expressed its concerns about rostering arrangements during the Covid pandemic and a lack of any meaningful consultation or negotiation on rosters. Although this was an historic failure to agree, the company gave an assurance to do diagrams in a speedy manner, but this was subject to them receiving train planning information in time (this issue is a concern for us because rosters are a negotiable item and irrespective of excuse they remain an item for negotiation). We will continue to monitor whether proper rostering compilation processes are carried out in future to ensure we remain properly involved in the process.

WORKING INSTRUCTIONS FTA

All Train Managers work to the Railway Rule Book but companies also have their own individual working instructions. There has been a serious concern from the RMT Train Managers’ Company Council Reps that they are not being properly consulted over changes to working instructions.

Some of these working instructions were apparently unworkable and at our meeting examples of this were given, particularly in relation to door opening processes and short platforms.

The management side responded that a request to be consulted on changes to the working instructions would be sent to the company safety section. This issue will have to be monitored robustly going forward to ensure any assurances are realised.

TRAIN BROKEN WINDOW ARRANGEMENTS

There is apparently an accepted arrangement that Train Managers will remove broken train windows on route BUT the company has been trying to insist that they also do this at terminating stations – sometimes eating into train preparations times for Train Managers. There is no agreement for this and it infringes on work properly carried out by station grades. It was confirmed that it is NOT the responsibility of Train Managers to carry out this work.

HITACHI METHOD OF WORKING FTA OUTSTANDING ITEMS – The Train Managers Company Council sought information on the proposed method of working for new Hitachi trains NON RESOLVED ISSUES – – the company have responded that there is no proposed LACK OF MINUTES OF MEETINGS method of working and have committed to providing us with a timeline of when this will be available.

RMT Train Manager Reps have complained that the process of consultation and negotiation in the company

has utterly broken down, with minutes not being provided in a speedy fashion, particularly when there is a recorded failure to agree. It was accepted in the meeting that there were “governance issues” in respect of administration of negotiating and consultation procedures and the company undertook to improve things going forward.

RECRUITMENT AND PROMOTION

The RMT Train Manager Company Council Reps have expressed serious concern that in some instances people have been told they cannot be promoted due to business needs even though there is a clear process to achieve promotions between grades. Once again, the company have assured us that they will issue instructions to HR teams reminding them of the process in respect of promotions.

MANAGERS COVERING FOR TRAIN MANAGERS Virgin, and now Avanti, use managers to cover the train service in the event that there is no cover, within the agreed parameters of the 2013 so-called “Bob Powell agreement” Unfortunately, time and again the company flout the conditions to the point of it being a complete abrogation of them.

For a number of years we have asked for rest day working for Train Managers to be incentivised properly with more enhanced rates of pay. The company have flatly refused to incentivise rest day working to anything like what the Drivers’ grades get. Drivers (we understand) for example get a £125 booking on fee as soon as they start. It is also understood that managers undertaking Train Managers duties get a premium of £200 for undertaking this work. These figures haven’t been denied by the company in any talks.

There is also an issue about how Train Managers themselves get rostered for rest day working as the process seems to have completely broken down.

We understand that some Train Managers are effectively negotiating on the day and achieving enhancements from the rostering centre who are desperate to cover jobs. Meanwhile other Train Managers are not receiving any enhancement at all. This is an utter shambles and is a recipe for chaos and undermines any principles of fairness and equality.

The company seem disinterested in resolving this (although they keep repeating they want train managers to cover the turns rather than other managers).

The item was left for further discussions on availability and non-availability procedures but we have a suspicion that we may eventually end up in yet another potential dispute about the failure to incentivise rest day working for train managers – and allowing incentives for other managers to work uncovered train managers turns.

We know that throughout the industry the differences between how Drivers are treated and Train Managers is a repeated grievance. We have no issues at all with anything the Drivers have, we just want fairness

LATEST… Oxley Backtrack to Oxley

The company recently tried to remove train preparations being carried out by Train Managers at Oxley depot at Wolverhampton. Instead, they proposed that they should be done on the platforms at Wolverhampton station. However, it became apparent that the time allowance for preparing the train and doing important safety checks could not be achieved. The company response to this was to simply try and reduce the train preparation times at Wolverhampton.

Preparing the trains and ensuring proper safety checks is essential and is a key element of the operational role of the Guard. The local reps and train managers company council resisted these moves and the company have now left train preparation at Oxley.

LATEST… Dismissal of Train Manager at Glasgow Central

RMT have registered a Train Managers’ dispute with Avanti West Coast at Glasgow Central over the dismissal of a Train Manager based at that location following a despatch issue at Motherwell.

The Train Manager had some 47 years’ service, a clear and clean disciplinary record, had no issues identified in monitoring exercises but was dismissed. The union also raised serious questions about what were, in our opinion, failures in the investigation process.

Once again, the current management teams are showing heartless disregard for individuals who fall foul of their disciplinary process. Sanctions should always be corrective and not punitive. We have been working to achieve a better outcome in this case.

We are asking Train Managers at Glasgow Central to vote for action over this dismissal!

LATEST… Atalian Servest Dispute…

Alstom West Coast A big thank you to all those directly employed Avanti West Coast staff who have stood alongside striking Atalian Servest Cleaners at picket lines and protests across the network. These employees work alongside us keeping Avanti West Coast trains clean and hygienic.

Their rates of pay are appalling and they have no proper company sick pay scheme. Contracting out has been the scourge of working people for years – they should be directly employed by Avanti as their performance is related to that business. These workers lose out because of the complex maze of clients and contractors that leave them worse off.

Both Avanti and Alstom are washing their hands of any responsibility for the current dispute. Meanwhile, other RMT members have been offering solidarity on picket lines, offering to buy them a coffee and giving their best wishes. Northern, Alstom, Transpennine, ScotRail, Network Rail, London North Western and Transport for Wales staff also gave solidarity.

www.rmt.org.uk