Key facts for RMT members
• All RMT members, regardless of grade, are covered by the industrial action ballot result at their company, this includes apprentices and staff on their probation period.
• You cannot be victimised or penalised by your employer for taking industrial action and it is completely legal for you to do so.
• You do not have to tell your employer if you intend to take industrial action, even if they claim to you that it is a legal requirement to do so.
Below is a guide for RMT members on taking industrial action. If you have questions about the dispute which are not covered below you can email info@rmt.org.uk or call 0800 376 3706.
Whoistakingindustrialaction?
All RMT members at Network Rail and the DfT operated train operating companies (Chiltern Railways, Cross Country Trains, Greater Anglia, LNER, East Midlands Railway, c2c, Great Western Railway, Northern Trains, South Eastern Railway, GTR, Transpennine Express, Avanti West Coast, West Midlands Trains, South Western Railway.)
Whatdoesgoingonstrikemean?
It means withdrawing your labour. It is a legal and legitimate action in all companies where the members balloted having voted in favour of strike action (these are listed above). Even if your employer tells you that you are in breach of your contract for taking strike action, if you have been instructed to do so by your Union you are entitled to and cannot be victimised by your employer for doing so. Only RMT members are covered by these ballots.
WhatdoIdoifIamonstrike?
All Train Operating Company members are instructed to take strike action by not booking on for shifts which commence between:
00:01 hours on Tuesday 13th December 2022 and 23:59 hours on Wednesday 14th December 2022
00:01 hours on Friday 16th December 2022 and 23:59 hours on Saturday 17th December 2022
00:01 hours on Tuesday 3rd January 2023 and 23:59 hours on Wednesday 4th January 2023
00:01 hours on Friday 6th January 2023 and 23:59 hours on Saturday 7th January 2023
All Network Rail members are instructed to take strike action by not booking on for shifts which commence between:
02:00 hours on Tuesday 13th December 2022 and 01:59 hours on Thursday 15th December 2022
02:00 hours on Friday 16th December 2022 and 01:59 hours on Sunday 18th December 2022
02:00 hours on Tuesday 3rd January 2023 and 01:59 hours on Thursday 5th January 2023
02:00 hours on Friday 6th January 2023 and 01:59 hours on Sunday 8th January 2023
AreNetworkRailon-callarrangementsaffectedbyindustrialaction?
On Call is not regarded as Overtime. During periods where you are instructed not to observe an Overtime Ban you are required to work On Call as normal.
On Call is covered by strike action. During periods where you have been instructed to take strike action; this includes On Call you do not book on for any On Call duties commencing between the start and finish times of the action. WhatdoIdoifIambookedontoashiftwhichstartsbeforethestrikeaction
All Train Operating Company members are instructed not to book on for any overtime, including Rest Day Working and non rostered Sunday working between:
00:01 hours on Sunday 18th December 2022 and 23.59 hours on Monday 2nd January 2023 (this action is suspended during any strike action occurring at the same time during this period)
All Network Rail members are instructed not to book on for any overtime, including Rest Day Working and non rostered Sunday working, between:
01:59 hours on Sunday 18th December 2022 and 01:59 hours on Tuesday 3rd January 2023 (this action is suspended during any strike action occurring at the same time during this period)
More detailed information about the overtime ban for Network Rail operations grades is at the bottom of this document.
Iamamanagementgrade,canIgoonstrike?
Yes RMT balloted all grades of members and the mandates for strike action cover all grades of members.
Iamatraindriver,canIgoonstrike?
Yes RMT balloted all grades of members and the mandates for strike action cover all grades of members.
DoIhavetotellmyemployerifIamgoingonstrike?
You do not have to tell your manager that you are taking industrial action. The union will inform the companies of the grade and workplaces of who we are calling to take action.
Canapprenticestakeindustrialaction?
Yes – RMT members who are apprentices were balloted and are covered by the vote at their company. If any employers tell apprentice members that they are not allowed to take industrial action, this is incorrect and you should inform your union rep.
Canstaffontheirprobationperiodtakeindustrialaction?
Yes – RMT members who are on their probation period were balloted and are covered by the vote at their company. If any employers tell apprentice members that they are not allowed to take industrial action, this is incorrect and you should inform your union rep.
Willtherebepicketlinesduringanystrikeaction?
Yes as with previous dates of action we will be organising picket lines around the network on any days that strike action is called. We will communicate the locations of these to members.
IfIaminstructedtohandovercontrolofaSignalboxorworkstationtoa managerwhoIdonotbelieveisaqualifiedandcompetentpersontocontrola signalbox,whatdoIdo?
You must follow a management instruction and should not refuse to hand over control of the box or workstation. Log this as an incident in the Occurrence Book if you have a safety concern.
You should advise your local representative or Regional Office of any situation where you believe management are breaching Health and Safety. The union will report all such breaches to the Office of Rail and Road (ORR).
WhatdoIdoifIambookedontoatrainingcoursewhichisduetotakeplace whenindustrialactionisscheduled?
If the training course commencing during a period of industrial action, do not attend the course.
WillIlosemoneyifItakeindustrialaction?
You will not get paid by your employer on any dates that you take industrial action. However, one of the key reasons we balloted members is because of the pay freezes and because employers have failed to give guarantees over pay. This is what is really causing members to lose out financially.
IfItakeindustrialaction,canthisbeusedagainstmebymyemployerinthe future?
It is illegal for employers to victimise workers for taking industrial action.
MycolleaguejoinedtheRMTaftertheballotclosed,cantheystilltakepartin industrialaction?
Yes as long as they are an RMT member by the time any industrial action is scheduled, they are able to take part in the action. If you have colleagues who are not yet RMT members, encourage them to join.
avoidbeingtargetedbycompaniesfordisciplinaryaction?Forinstance,in relationtoGDPRandtheuseofsocialmedia?
Members are advised to be very cautious about what they post on social media that may be critical towards the company or any of its employees. Social media platforms are public forums, and we have examples of members being disciplined for comments they have made on the grounds of bringing the company into disrepute, irrelevant of how unfair or unjustified we believe those charges were.
All use of data will comply with GDPR.
HowwillIgetupdatesaboutthedispute?
All updates, including the timetable for industrial action will be sent via text and email to members. Please ensure we have your correct contact details. If you want to update your contact details or have any other questions please email info@rmt.org.uk or call 0800 376 3706.
RMT Network Rail Operations Members Guidance on the overtime ban
This document has been produced to give guidance and advice during the RMT Overtime Ban from 18th December 2022 2nd January 2023, it is not an exhaustive list. If any further information is required please contact your National Operations Reps.
The grades covered by this document are: Signallers, Crossing Keepers, Shift Signalling Managers, Mobile Operations Managers, Mobile Incident Officers, Trust Delay Attribution Clerks, Customer Service Assistants, Station Control Assistants, Shift Station Supervisors, BNS Duty Operations Managers, BNS Station Co-ordinators, BNS Platform Co-ordinators, BNS Platform Assistants, Role Clarity B5 8
ThereisnochangetoexistingrosteringprincipleswhichapplytoSupervisors, otherthanthosesetoutinsection5undertheheading“RosteringFlexibility”. Thegeneralprinciples,baserostersandrosteringarrangementswillfollow thoserecordedintheNationalRosteringPlanforsignallers;rosterscontinueto beamatterforlocalnegotiation.
Is it a Work to rule or an Overtime ban? It is an Overtime Ban.
As a relief Sig/Sup Grade, I do not have Rostered Sundays, what should I do if I am offered a Sunday for overtime?
You should decline to work any Sunday. As a resident Sig/Sup Grade, what should I do if I am offered an additional Sunday that isn’t a base rostered turn?
You should decline to work any additional Sunday turn.
As a Resident or relief Sig / Sup, what is the expectation to work on Bank holidays?
If rostered to work on a Bank Holiday, you are contractually obliged to work on a Bank Holiday. (2003 Railtrack /RMT Agreement RESTRUCTURING OF PAY AND CONDITIONS:
Signallers & Supervisors must be expected to work to agreed rosters which may include Bank Holidays, in line with the operational needs of the railway.)
As Christmas falls on a Sunday am I expected to work if this is my booked Sunday turn?
Yes.
My location does not require the full complement of staff to work on Christmas Day, historically this has been covered on a volunteer basis, will this happen this year?
Yes. Once NR has decided the staffing requirements for Christmas day, as per Redbook you will either be booked off not required or rostered your booked turn. (This has to be confirmed by NR 14 days in advance). Local agreements to select volunteers should continue, but only from the base rostered shift that are booked to work Christmas Day (Sunday), this cannot be covered by someone who did not have a base roster Sunday turn.
Is working Christmas Day & associated Bank holidays overtime?
No, it’s paid as an enhancement, as agreed by your Union.
New Year’s Day falls on a Sunday how will I be Rostered?
England & Wales this will be treated like any Base Rostered Sunday Turn. Scotland Arrangements replicate Christmas day.
Can I be taken off of my Rostered Safety Brief, to cover a turn?
Company states Yes, we disagree but they are insisting briefing turn can be substituted for a shift, however the rostered / locally agreed hours must remain the same.
Can management enforce the one hour rule?
Yes. The additional hour is part of your contractual agreement up to a maximum of 12 hours.
Can I mutually exchange turns with a colleague, but this would involve me working a Rest Day is this allowed?
No if Rest Day working is involved. (See question below if no overtime is involved)
Can I do a mutual shift swap that is not overtime?
Yes, providing that nobody involved incurs an overtime payment. Iffortheirown convenience,signallerswishtomutuallyexchangetheirturnsofduty,theseshouldbe appliedforinwritingandmayonlybegrantedifinlinewiththeprinciplesdetailedinthe NRP
Can I still carry out mutual change over times
Yes, where mutually agreed and only if it does not result in overtime payment and effect the operation of the railway.
Can I be moved off of my Rostered Panel/Workstation to another Panel/Workstation that I hold a competency for at my location?
Yes, but subject to local agreements.
What if I am booked spare and I am told I’m required to cover a turn?
Yes, you would have to cover If you are Spare and it does not incur overtime it is part of your contractual agreement
If a shift needs covering, can I be taken off of training to cover a location/ Panel/Workstation or signal box?
Yes, but this must reflect the turns shown on the published roster for the trainee, and must not incur overtime.
I have been asked to work overtime during the period of industrial action can I agree to work then change my mind later?
No. As per 3.1 NRP Signallers have the right not to work their free day, but once the weekly roster is published any commitment to work a free day must be fulfilled. Prior to publishing weekly rosters, the availability of signallers to work free days must be checked and a specific turn must have been offered.
You would be considered AWOL and subject to disciplinary action if you failed to take duty on a previously agreed Rest Day or Sunday that has been published on the Roster.
Is the 48-hour rule on change of Roster including location still valid?
Yes, Relief Sig/Sup can insist a minimum of 48 hours’ notice if the company wish to change their turns of duties. As per 3.5 NRP Takingintoconsiderationthedifficultyrelief/flexible signallersmayhavearrangingfamilycommitmentsetc.aminimumof48hours’notice shouldbegivenwhenchangingtheirturnsofdutywhicharepublishedontheweekly roster.
Can a SSM be forced to work a Panel/Workstation?
Yes, Subject to competency.
What do I do if I am booked onto a training course which is due to take place when industrial action is scheduled?
Don’t attend if the training course commences during the period of industrial action and do not attend the course if this incurs Overtime.
If I am instructed to hand over control of a Signal box or workstation to a manager or other who I do not believe is a qualified and competent person to control a signal box, what do I do?
You must follow a management instruction and should not refuse to hand over control of the box or workstation. Log this as an incident in the Occurrence Book if you have a safety concern. You should advise your local representative or Regional Office of any situation where you believe management are breaching Health and Safety. The union will report all such breaches to the Office of Rail and Road (ORR)
Can the company alter or remove our break links, to cover a vacant gap?
No, they are part of local agreements.
If your area has MOMs who operate Signal boxes and hold a valid competence, can they be forced to cover a shift?
Yes, but only in their base rostered hours.
I am a MOM with an obligation to be on call for the as part of my rostered week, if I get called out it is paid as overtime, am I still obligated to be on call?
Yes, the on call arrangements form part of your contractual T&Cs
Work-safe Procedure
This is for anyone to use. it works as follows:
• If you believe the Safety Arrangements to be inadequate:
• Stop Work and talk to the Your Supervisor / Manager they should: Review the arrangements Change them if necessary and re-brief
• If you are still unhappy DO NOT RESTART; escalate to the next level by contacting the following:
• Your Line Manager
• Your Safety Rep
• Any member of the management team
• Control
• Do not start work until you are satisfied that the safety arrangements are appropriate to the activity