TSSA Journal July 2013

July 2013

Conference 2013: Strengthening our voice n Merger talks commence n Winning Equal Pay n Rolling stock absurdities

in this issue

Transport Salaried Staffs’ Association General Secretary: Manuel Cortes

Joining TSSA T: 020 7529 8032 F: 020 7383 0656 E: join@tssa.org.uk Your membership details T: 020 7529 8018 E: details@tssa.org.uk Helpdesk (workplace rights advice for members) T: 0800 3282673 (UK) 1800 805 272 (Rep of Ireland) Website www.tssa.org.uk (UK) www.tssa.ie (Ireland) @TSSAunion facebook.com/TSSAunion TSSA Journal Editor: Ben Soffa E: journal@tssa.org.uk T: 020 7529 8055 M: 07809 583020 General queries (London office) T: 020 7387 2101 F: 020 7383 0656 E: enquiries@tssa.org.uk Irish office from Northern Ireland T: +3531 8743467 F: +3531 8745662 from the Republic T: 01 8743467 F: 01 8745622 E: enquiries@tssa.ie TSSA Journal is published

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Vol 109/issue 1229

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4–10 News and campaigns

u Merger talks with Unite u Political conference

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Campaigners from Transport for All protest over the impact that any reductions in station and on-train staff will have on disabled travellers.

u Progress on equal pay u Accessible transport u Women leaders

u Opposing racism

11 General secretary: Strengthening our hand through merger

12–14 TSSA Annual Delegate Conference 15 President Mick Carney: The challenges ahead 16–17 Christian Wolmar: Rolling stock absurdities

editorial

12-14 Delegates at TSSA’s conference braved a very wet Glasgow to speak to commuters about threatened staff cuts.

TSSA cakes made as part of a Union Learning practical session

18–19 Paul Salveson: Merseyside’s new direction 20 Neurodiversity and disabilities 21 Learning and neurodiversity 22–23 Advice: Morrish solicitors and Helpdesk 24 Letters

Welcome to the July issue of the TSSA Journal. As newly elected president Mick Carney says (p15) we’re living in a time of constant change – change in our industries, be that the ongoing threats to station staff (p7), or the more welcome change of Labour joining our campaign to keep the East Coast public. Yet this is also a time of change for our union itself.

The near unanimous vote of TSSA’s delegate conference to proceed with merger talks with Unite (p4) will potentially herald some big changes over the coming year.

Members are very much in the driving seat of this process, and nothing will go ahead unless approved in an all-member ballot, but branch delegates were very much convinced that this deal represents the strongest possible option for securing and building our collective voice long into the future.

Talks between TSSA and Unite are now progressing based on the framework approved by conference delegates (p11), with the potential for an agreement to be reached by autumn.

Given that all our issues with employers and the government will remain regardless of this process, we need to keep organising, keep recruiting and continue to ensure we have the biggest political impact possible. That’s why the work building our community and political alliances to support our core demands of a properly staffed, publicly owned railway with full rights at work for all, is so vital (p5 and 10). News that a TSSA member is amongst Labour’s latest set of candidates selected for winnable seats (p4) shows just how direct members’ power can be. We’re providing training and support to potential candidates, so if you’d be interested in standing for election, from council-level up, do speak to TSSA’s political officer.

Whatever changes lie ahead, and in whatever precise shape we exist to respond to them, we can all be grateful for the dedication of the reps, activists and officers who will continue their work to ensure we all get the best deal possible.

Ben Soffa, editor

TSSA Journal

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news

TSSA member selected for parliamentary seat

NANCY PLATTS, A TSSA member and former employee of the union, has been selected by Brighton Kemptown Labour Party to be their candidate at the 2015 general election. A longstanding member, Nancy has been a champion of rail issues and TSSA policies in the Labour Party. She fought an exemplary, but tough, campaign to be selected and was actively supported by the Association.

TSSA has been implementing a political programme to support our members into office – from council level up to Parliament and this is a major victory for TSSA’s approach. To ensure we have not just allies but members themselves in elected office, TSSA has been supporting candidates right through the process of applying and seeking selection.

It was a hard fought contest – with Nancy’s main rival being backed by the Progress faction. Through the joint efforts of TSSA, Unite and GMB and an experienced and hardworking TSSA member as the candidate, the result was a comprehensive victory by 126 votes to 48. Now comes the real task of working with Nancy to ensure a Labour victory in Brighton Kemptown in 2015.7

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Conference backs Unite merger talks AFTER A COMPREHENSIVE debate at TSSA’s annual conference, delegates overwhelmingly backed the holding of talks with Unite, with the aim of agreeing a merger. Negotiations are now progressing, with any agreement needing to clear a vote of all TSSA members for it to go ahead.

TSSA general secretary Manuel Cortes told the TSSA Journal, ‘If agreed by members, this will create Britain and Ireland’s first-ever cross-transport and travel union, organising and representing workers across all forms of the transport industry. I believe this will greatly strengthen our hand in negotiations and increase our ability to deliver a far better deal for you at work.’

Conference passed a motion requiring a number of guarantees be built into any deal, including the creation of a new stand-alone rail section of Unite, which will have its own conference, committee and dedicated resources (see page 11).

Delegates spent several hours discussing issues relating to the merger, with the general secretary answering dozens of questions put by branch representatives. The vote to proceed with the plan was in the final event almost unanimous.

As negotiations progress, updates will be distributed to members, with a ‘question and answer’ day with TSSA’s Manuel Cortes and Unite’s Len McCluskey scheduled once the terms of any agreement are known. That would be followed by an all-member ballot and, if passed, a two year transitional period as Unite and TSSA’s structures are combined.

Whilst indications are very positive, Manuel remarks, ‘We all need to remain focused on the day- to-day work of the Association. I know our reps, activists and staff will continue working extremely hard to protect members’ interests as we discuss how we best strengthen our voice for the future.’7

organising

‘Winning’ the general election for public transport Shadow Transport Secretary Maria Eagle, c2c rep Mary Sitole and Manuel Cortes

IN A HUGELY successful day, over 100 TSSA members and community supporters met at London Metropolitan University in early June to discuss how community organising can win support for public transport issues in the run up to the next election.

Attendees heard from an array of speakers, including leading community organiser from the US, Arnie Graf, famous for mentoring a young Barack Obama. Since Labour leader Ed Miliband convinced Graf of his commitment to embedding the Labour Party into grassroots and community organising, he has been advising the party across Britain on approaches to take.

Jon Cruddas MP, who is leading Labour’s policy review, spoke about how adopting community organising can transform the character of the trade union movement and Labour Party so that we are much more closely engaged with the concerns of the community. Manuel Cortes laid out the opportunity we

have to end the madness of privatisation and challenged the Labour Party to put itself firmly on the side of ordinary working people.

Our three pronged attack ahead of 2015 l Community organising: Building alliances with our passengers and community organisations TSSA members have a natural common interest with passengers, disability rights activists and environmental campaigners. Our strategy of building strong links with community groups paved the way for the vigorous campaign following the Transport Secretary’s announcement of RPI + three per cent fare rises.

The successful campaign overturned this and by September 2012 fare rises had been restricted to one per cent above inflation. Through to 2015, our union will continue to build our work with our natural allies to win on issues like the defence of staffed ticket offices, amplifying our collective voice.

l Re-frame the debate: Another way is not only possible, it’s essential!

Our campaign for public ownership of rail is inherently opposed to the agenda of the current Conservative government. If unchallenged, they would continue to have citizens believe that austerity and privatisation are the only option and any involvement of the public sector is inherently bad. Our strategy requires that we re-frame this debate to be able to demonstrate that not only is public ownership of rail better for passengers, it’s essential to deliver the kind of infrastructure investment our communities needs now and in the future. The private sector will not, and for the past 20 years since privatisation has not, made the kind of investment that the UK economy needs. l Campaign in marginal seats, to return MP who will support TSSA members There are 107 ConDem held marginal seats that the Labour Party will be targeting in 2015. However, TSSA will

not have itself taken for granted by Labour. We are going to be prioritising working on the ground only with those Labour candidates who support TSSA’s policies publically. Our supported candidates will publicly support and advocate for the rights of working people, public ownership of rail and better employment rights for our members.7

How you can get involved Our political and community campaign is about TSSA members working within our communities to create a Better Railway. Can you get involved? To discuss how you can help, contact community@tssa.org.uk or phone 020 7529 8019. l Hold a Ghost Train action at your local station l Get involved in your local rail users’ group l Invite a TSSA community organiser to run a local campaign training session for you and 10 other community activists in your area l Find out more about becoming an elected representative – be that in your workplace, on your council or even as an MP l Sign up to www.together fortransport.org to get campaign updates in your area

TSSA Journal

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equal pay Former TSSA organiser, now Labour MP for Bolton West, Julie Hilling, speaking at the reception.

Big steps forward for equal pay MANAGEMENT GRADE MEMBERS at Network Rail joined company bosses, MPs and senior executives at other rail firms for a recent House of Commons reception to celebrate the progress made towards winning equal pay for equal work at Network Rail.

Talks with the firm are progressing, albeit slowly, towards a new pay and grading system for management grades. This work is not focussed on the actual rate of pay at this time, but the pay structure: how jobs are graded, how you decide which jobs are worth more than others and the principles that govern pay progression.

This was made possible by the courage of 36 TSSA members who launched employment tribunal claims for equal pay, with Network Rail sensibly agreeing to meet TSSA around the negotiating table rather than in court.

Beyond the pleasantries at the reception, the message from general secretary Manuel Cortes to the other rail employers who attended was clear: our preferred way of

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dealing with equal pay is joint working, however we are quite prepared to use the legal route to force progress in their companies.

They heard the positive message from Network Rail that working with us to develop a fair pay system was also their much preferred option. The direct result of this is that we are now discussing joint working in a number of other railway companies.

There are of course many employers in the Railway who have not yet engaged with TSSA. We will continue to seek their cooperation.

Network Rail talks Despite the plodding nature of progress TSSA welcomes Network Rail’s commitment that any new pay and grading system must be fully compliant with legal requirements. Of course we have to ensure that commitment is delivered in practice and we are aware that there will be plenty of pressure on Network Rail with regards to the costs of moving from an unfair to a fair pay system.

This is a complex piece of work. It needs members to be involved at every level to ensure the new scheme is fit for purpose. Whether that means reviewing existing job descriptions, or exploring whether some jobs with the same job description should in fact be two separate roles, neither TSSA’s nor Network Rail’s negotiators will have the detailed knowledge that our members actually have.

Network Rail has agreed all TSSA reps will be allowed three days’ release for training in job evaluation and its relationship to a pay and grading system. This is a positive sign that the company does, indeed, intend to adopt a pay system based in equality principles.

The specially designed courses will be delivered in July and August. Reps can contact their regional organisers to book a place.

Winning across the industry Equal pay legislation has been law in this country for over 40 years yet there are still grossly unfair and

discriminatory pay structures in place. Traditionally, many employers have put equal pay in the ‘too difficult’ box and have simply responded as and when individual women (and it is predominantly women) take claims for unequal pay.

However, with the advances in technology, it is now relatively easy for TSSA to survey members in companies where we think there are equal pay issues and with the evidence we can launch significant numbers of cases, likely to be very expensive for the employer. Where employers refuse to engage with us, we will systematically explore their pay structures and support our members to launch claims. The effect of this is that ‘doing nothing’ for the targeted companies will no longer be a viable option. In short our message to the industry is talk to us now and let’s make a start in making the railways an equal pay sector. 7

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If you would like to know more about equal pay contact stansfieldv@tssa.org.uk.

accessible transport

Disabled passengers fight staff cuts TSSA SUPPORTED THE recent Action for Rail meeting in Parliament and protest at Kings Cross to coincide with the publication of a new report looking at the impact of railway staff cuts on disabled and older passengers.

‘What does the future of railway staffing mean for disabled and older passengers?’ has been produced in partnership with Transport for All, the National Pensioners Convention and Disabled People Against Cuts and includes findings from a new survey of disabled passengers commissioned by Action for Rail.

The survey has some startling findings showing the huge value that disabled passengers place on staff being available on trains and at stations. 39 per cent of disabled passengers say that they rely on staff assistance to be able to travel; a further 32 per cent said they found it helpful.

Given the benefits that staffing brings, from an added

sense of safety to physical help getting on and off trains, it is little wonder that over 75 per cent of those surveyed said the loss of staff would make train travel difficult. Over a third said it would deter them making some journeys or make travel impossible.

A particularly worrying finding from the survey was that over a quarter (27 per cent) said they had been abused or suffered a hate crime while using the railways, jumping to over 40 per cent for those who use wheelchairs – something deterred by the presence of staff.

Yet the drastic staffing cuts proposed in the McNulty Review, endorsed by both the government and rail operators, indicates that we could lose up to 7,000 guards and other non-driver staff on trains, 5,000 station and platform staff, 2,000 ticket office staff and 675 ticket offices completely.

The action day included a lively debate at parliament,

hosted by Labour’s Jack Dromey MP, at which Junior Transport Minister Norman Baker also spoke. Norman Baker reiterated the government’s commitment to the equalities and accessibility agenda – but got short shrift from disabled rights activists angry that his rhetoric was not borne out by the impending cuts to station staffing. TSSA sponsored MP Julie Hilling gave a powerful speech to the 70 or so people at the meeting. Strident contributions from TSSA front line ticket office members, including TSSA president Mick Carney, really rammed home the message that rail staff and passengers are totally united on this issue.

Turning anger to action, many went from the meeting to Kings Cross for an action, photo call and mini rally. TSSA’s strategy of organising alongside passengers demonstrated its strength at this event, as campaigners from a variety of disability rights groups joined the rail unions for the demo.

TSSA member, and recently selected Labour Parliamentary candidate for Brighton Kemptown, Nancy Platts joined the demonstration. She said, ‘Public transport should be there for everyone. It is a scandal that people with disabilities are once again being forced to fight for basic services that others can take for granted. By cutting staff at stations, rail companies are taking away a public service from people with disabilities and dodging their duty under the Disability Discrimination Act. Rail companies need to get their act together.’ 7

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For more information, see www.actionforrail.org/?p=491.

TSSA Journal

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women leaders

How far have we come? In 1926 just one of our 13 delegates to Labour Party Conference was a woman.

Recent years have seen an all-female, if smaller, delegation, but that is not the case across the union.

Developing our women leaders WOMEN HAVE A long history working in the rail industry, but do their positions in management and our union leadership today reflect that? TSSA’s new learning project in Scotland aims to build greater equality in the rail industry.

The first female railway employee whose name is recorded was Stationmistress Mary Argyle, who was in charge of Merry Lees station on the Leicester and Swannington Railway from 1832 right through until 1871. At no point in her service was Mary Argyle able to join a trade union. Not only did no national railway union exist until the 1870s, but it was not until 1907 when the Railway Clerks’ Association (TSSA’s forebear) decided to accept women members. Throughout the Victorian era, women were excluded from most uniformed station grades, such as ticket collectors, as well as from senior management. They were also excluded from the trade unions that represented their male colleagues.

By the time the First World War broke out the situation had changed. A hundred women had joined the Railway Clerks’ Association (RCA) and their voices were beginning to be heard. The first woman delegate to an annual conference of any rail union was the RCA’s Mamie Thompson in 1915. Throughout the First and Second

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World Wars, as the numbers of women working on the railways grew, so too did their membership of and activism in their unions, especially the RCA. In 1942 women held one in ten posts within the RCA and the union was firmly behind the women rail workers’ equal pay campaign.

Today, the formal commitment to equal pay for men and women is a given.

Yet 70 years on women remain underrepresented at senior management grades in the rail industry. A 2005 survey by the European Transport Workers’ Federation (ETF) and the Community of European Railways and Infrastructure Managers found that across Europe, only one percent of executive posts are taken up by women, despite 19 per cent of the rail workforce being female. Even in their own trade unions women are underrepresented at senior levels. Just two out of the 15 members of TSSA’s Executive Committee are women – hardly representative of the 31 per cent who are members – and only one more than in 1942.

There are many reasons why women find it harder than men to progress in the rail industry and in their union. Even that first step into activism can seem hard in an industry still dominated by men.

Now TSSA Scotland’s new learning project

offers a chance for women in the Lowlands and Uplands areas to sign up for a programme in women’s confidence, aimed especially at TSSA members. ‘They don’t have to be rail workers – women from the ferries and the travel trade are welcome too,’ says Liz Warren-Corney, newly appointed Learning Organiser (Scotland).

The project isn’t just about learning for women – new programmes in leadership and management and neurodiversity awareness are open to men and women. There are also opportunities to get involved in more traditional learning opportunities such as foreign languages, British Sign Language and report-writing skills. Plus for anyone considering a first step into activism, there are opportunities to be trained as a Union Learning Representative.

‘The Union Learning Rep role is a great way to get started in union activism!’ Liz comments. ‘You’re fully supported, mentored and trained and you can learn all the skills you’ll need. It’s also great fun, you get to know your fellow workers much better and you can really make a difference in people’s lives.’7

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For more information contact Liz on warren-corneyl@tssa.org.uk or 07872 507201.

news

THE FIRST EVER UK gay pride march took place in London on 1 July 1972, with the date chosen to fall on the anniversary of the Stonewall riots of 1969, when the gay and transgender communities in Los Angeles fought back against police brutality. Since then Pride events have grown larger, and broader, now involving the whole of the LGBT+ community.

Spectrum, TSSA’s LGBT selforganised group, has achieved a growing presence at Pride events in recent years. 7

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Spectrum welcomes all TSSA members, both LGBT and straight, to come along to Pride events and show support for LGBT equality. London Pride includes the parade on Saturday 29 June (www.london communitypride.org) with Brighton on Saturday 3 August (www.brighton-pride.org).

For more information contact Mel Taylor: taylorm@tssa.org.uk.

Thom Shutt

TSSA marches with pride

Members stand up to EDL and celebrate equality TSSA ACTIVISTS IN York recently had a weekend of highly contrasting activities, writes Frank Ormston. One group of members took the positive message of equality to York Pride, campaigning for a Better Railway amongst the thousands there, whilst other members helped lead a very necessary but less welcome task – opposing the racist English Defence League‘s attempt to abuse a memorial to rail workers.

TSSA members were amongst 150 people who gathered at the North Eastern Railway war memorial. This had been singled out by the racist EDL in an attempt to stoke Islamophobia in the city in the wake of the brutal murder of Lee Rigby.

TSSA supported the counter-protest after local members and other rail workers had expressed disgust at the extremists’ attempt to misuse the monument.

Our endorsement of the counterprotest gave encouragement and confidence to many local anti-fascists who had been concerned about appearing to disrupt a purported ‘remembrance’ event, no matter how debased its intent.

The turnout of anti-racists dwarfed that of the EDL by a margin of around

ten to one. A local community activist made a moving speech about how we should remember both the victims of fascism and all who lost their lives in the struggle to defeat it. He called for a twominute silence to honour all victims of war, fascism, and terrorism.

The crowd observed a dignified silence, which the EDL attempted to disrupt by slow hand clapping.

A local TSSA rep spoke to condemn the EDL for attempting to hijack a monument that bore the names of hundreds of rail workers who had died defending their country and democracy against fascism. The day belonged, he said, to the wider community who had mobilised successfully to defend the dignity of the monument.

Meanwhile, elsewhere in the city, there was a Spectrum stall at York LGBT Pride. This was the fourth time that Spectrum had represented TSSA at this event, which attracts thousands for a lively afternoon’s entertainment.

Spectrum chair Steve Horne and a team of volunteers from around the country ensured a high profile for TSSA throughout the afternoon, by giving out information leaflets and materials, promoting the union and its support for the Better Rail and FairFail campaigns.7

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c ampaigns

Community organising to unseat commuter-town Tories AS PART OF TSSA’s political strategy of using transport campaigning and community organising to deliver a string of knockout blows to Tory MPs in marginal seats, over 50 locals attended a recent training day in Hastings.

TSSA is targeting areas where Labour candidates support our key policy issues on rail and our wider employment rights policy

agenda. The meeting was jointly arranged with Hastings Labour Party and veteran US community organising guru Arnie Graf as the start of a programme to boost the chances of Labour’s Sarah Owen winning in 2015.

TSSA political officer Sam Tarry reports, ‘It was a fantastic event with over 50 local people in attendance, including a number of TSSA members. They were joined by faith groups, Labour party members and others. TSSA President Mick Carney opened the day with a fascinating speech on why community organising is proving a powerful tool for the TSSA, and is helping build our political clout – and power for our members.’

After an introduction from local Labour Party chair Cllr Jay Kramer, Arnie Graf, just arrived from Chicago, followed with an inspiring,

and humorous call to arms, using his life story and the battles that he and the people he organised fought and won.

Arnie explained why, after a lifetime of organising, he was now for the first time in his life, backing the work of a political party. After long discussions with Ed Miliband he had committed to spending months touring Britain, training people and helping the trade union and Labour movement really reconnect with ordinary working people.

Story sharing – to understand peoples’ motivations for being involved, and to practice the skills of relational organising through one-to-one’s were a key part of the day’s learning.

Attendees finished the day buzzing with enthusiasm – and ready to put the new organising skills to good use.

New reps say no to blacklisting TSSA MEMBERS UNDERGOING training to become reps got an unexpectedly early opportunity to put some newfound skills to the test when they discovered a protest against blacklisting was about to take place next to their course venue at TSSA’s Bristol office.

Every rep on the course gave up their lunch break to join colleagues from Unite, who had called the demo to protest against the illegal practices by employers and trade association who keep files on, and block the appointment of, known union activists.

It has been alleged that a firm working on Crossrail has been engaging in blacklisting, dismissing staff on the basis of them raising health and safety concerns whilst at a former employer. Unite are currently backing a member through an Employment Tribunal to discover the truth.7

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The sessions looking at identifying the local issues – and how we could build local power to tackle them – were particularly potent. Transport, including rail transport, fares, and connections from Hastings along the coast and to London, all came out as key issues that people wanted to campaign on. This gives a fantastic opportunity for TSSA to work with locals to take those issues forward.

Arnie Graf challenged all those who attended to bring three more people to the next meeting – planned using collective decision making for 7 September. So we have a goal now of over 150 people attending that next meeting. And he challenged the TSSA to engage more members – and ensure TSSA’s members turned out at what promises to be a really powerful event.7

general secretary Manuel Cortes

Strengthening our hand through merger

Democratic structures: l TSSA branches will transfer into Unite’s regional structure and will be maintained for a minimum of two years – or for a shorter period through mutual agreement – during which time consultation on their reconstitution will take place.

‘Conference overwhelmingly passed a motion for talks with Unite to form Britain and Ireland’s first ever cross-transport and travel union.’

‘If you approve this, it will greatly strengthen our negotiating hand and increase our ability to deliver a far better deal for you.’

comment

Last month in Glasgow our union held its 116th Annual Delegate Conference. This gathering may well turn out to be a historic one. It looks to have paved the way towards yet another very important milestone in our extremely long and proud history – a new beginning. Delegates overwhelmingly passed a motion instructing me and our Executive Committee to pursue talks with Unite to form Britain and Ireland’s first ever cross-transport and travel union. If this aim is achieved, the new union will organise workers across the entire spectrum of the transport and travel industries – greatly strengthening our negotiating hand. I believe this would greatly increase our ability to deliver a far better deal for you!

Of course, as always, conference never gives a blank cheque – tough conditions will need to be met before a merger can become a reality. This means that before we embark on a new beginning, at very least, the following will need to be put in place: l There will be a new stand-alone rail sector within Unite. If the merger goes ahead, the vast majority of you will in future be part of this. l Those of you not working within the railways – or in Ireland where, fortunately, we still have multi-modal publicly owned public transport companies – will be transferred into the sector within Unite that provides you with the greatest bargaining strength. For example, our travel trade members will team up with Unite’s powerful aviation workers. l There will be a new specialist unit to ensure we deliver membership growth, enhanced organisation and build wider community alliances to better defend and improve your jobs, pay and conditions. This will have its own dedicated resources, funded from our existing assets for an agreed period of time.

l Every effort will be made to ensure that our Self Organised Groups are given adequate representation. They will either transfer to the appropriate structures within Unite or as a new stand-alone group with a view to being expanded to include eligible members from within Unite’s existing membership. l TSSA members will be allocated reserved seats across industrial, national, regional and equality structures of Unite for an agreed period of time. l There will be a rail sector conference, with its frequency and other details to be jointly determined. l You will continue to enjoy a Helpdesk facility.

I have no doubt that in-depth negotiations will follow over the next few months – indeed they are already getting under-way. You know, as I told conference, goodwill is not sufficient to seal a deal, but without it, I can guarantee that no agreement would ever be possible. Thankfully there is plenty of it around.

Of course, it is vitally important that we keep you fully informed of progress as it is being made. This is something that will most definitely happen, although I am seeking your forbearance as some issues may take a while before they are resolved to our satisfaction.

If negotiations go well and deliver significant progress, then in the near future myself and the general secretary of Unite will hold a Q&A session. This event will be attended by senior workplace representatives and an invite will also be extended to each of our branches so that they too can send members along to receive answers to any questions you may have. This session will happen well before you get a vote to determine whether a merger should go ahead – you will always have the final say!

However, it is vitally important that we don’t get distracted by the possibility of a merger, essential as this is for our union’s future. We all need to remain focused on the day-to-day issues that affect you and your colleagues – particularly during the tough economic times that we are sadly living through. That is why our reps, activists and staff will continue working extremely hard to protect your interests and to deliver the best possible deal for you!7

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conferenc e

TSSA’s parliament debated the issues facing us at work, in wider society and within our union itself.

Conference 2013: big decisions for our future This year’s Annual Delegate Conference took place in the middle of May, returning to Glasgow for the first time since 1909. 76 branches and selforganised groups were represented by 99 delegates, with the Executive Committee, staff and others in attendance.

The general secretary opened conference as the president was unable to attend due to illness. Treasurer and president-elect Mick Carney was then elected to chair the three days of debate and decision-making.

Conference was welcomed to the city by the Deputy Lord Provost, Bailie Gerald Leonard. A proud trade unionist, he offered genuinely comradely greetings beyond the normal civic pleasantries.

Other guest speakers included Graham Smith, general secretary of the Scottish TUC, Mick Whelan, the general secretary of ASLEF and Johann Lamont, the Leader of the Scottish Labour Party.

Johann arrived at conference fresh from launching Labour’s campaign for Scotland to remain a nation within the UK after the referendum next year. She

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committed to deepening the link between Scottish Labour and the unions, saying ‘the trade unions have an understanding of what it really going on in our communities and in our families.

We need to talk together and work together to bring about action on these concerns and to work out what our next steps as a country should be.’

Merger The biggest decision of Conference was undoubtedly the discussion around the union’s own future. Two separate periods were allocated to this – an informal ‘question and answer’ session, where Manuel Cortes exhausted all the queries which delegates brought forward, and a formal debate. The questions were varied, from whether our self-organised groups would be integrated into their Unite equivalents, to how the difference between our respective subscription rates would be handled. Manuel explained his approach to all of these, committing to reporting back as details were agreed between the two unions.

Scottish Labour leader Johann Lamont MSP

conference As reported elsewhere (pages 4 and 11), delegates overwhelmingly passed a motion which ‘authorises the general secretary and Executive Committee to progress negotiations [with Unite] with the objective that these will ultimately lead to a transfer of engagements’.

Transport policy Conference debated many motions seeking to shape our input into the debate about the future of travel. Ian McDonald, of South Eastern (Kent) Branch argued that whilst the already-announced investment in electrification was welcome, given the time such upgrades take, many more steps were needed to achieve the modal shift to rail needed to meet the government’s environmental targets.

Delegates welcomed the campaigning initiatives of the last year and mandated the strengthening of many of these, such as the need to spread greater awareness of the ‘Rebuilding Rail’ report as a model for bringing the railways back into public ownership.

Others, such as Steve Halliwell, representing London South Western and Middlesex Branch successfully put the case that ATOC, TOCs, bus and other transport operators who receive public funds in any form should be compelled to make their accounts available for public scrutiny.

In terms of our own openness, a motion passed calling for a summary of Executive Committee meeting minutes to be published.

The effects of the McNulty cuts on safety were condemned, as were government attempts to further restrict workers’ rights both through dismissing them as merely ‘red tape’ or through financial charges limiting access to justice.

Campaigning The failure of the government’s economic policy was attacked in many motions, with conference calling for policies which will generate jobs and growth, rather than attack services relied upon by ordinary working people.

A motion moved by Tim Price of Euston Branch called for greater interunion working to maximise campaigns against the government’s failing austerity approach and to use our Labour affiliation

Eileen Turnbull of the Shrewsbury 24 campaign spoke about blacklisting and the long campaign for justice.

to push for a more strident challenge to the failures of market-driven thinking.

Motions in opposition to the dismembering of the NHS by privatisation, for the Minimum Wage to be raised to the level of the Living Wage, for investment to create a million ‘green jobs’ and to oppose environmentally hazardous gas extraction via fracking were passed. A motion on deaths in police custody sparked much debate, with a call for incidents to be more thoroughly investigated ultimately being passed.

The pernicious practice of ‘blacklisting’ was also on the agenda, with Dimitris Phanos of TfL Central branch proposing a successful motion calling for it to become

a criminal offence to engage in creating or using databases of ‘banned’ union activists to deny people work. Restrictions should be placed on firms that have used blacklisting, preventing them from receiving public contracts until they make amends of their actions.

Eileen Turnbull of the ‘Shrewsbury 24’ justice campaign followed up the issue in a fringe meeting, telling delegates of the shocking collusion between police, ministers and employers in the aftermath of the 1972 builders strike, which saw Ricky Tomlinson and other pickets sentenced to years in prison.

Conference also received a report-back from the delegation to Palestine and agreed to support the Boycotts, Divestment and Sanctions (BDS) movement to help secure justice there.

Delegates approved a motion to raise awareness on the thirtieth anniversary of the massacre of Sikhs in India and to affiliate to the International Brigade Memorial Trust, remembering those who volunteered to fight fascism in Spain. 7 l Election results for delegations to

represent the union at events including TUC Congress and Labour Party conference were announced, with the results online at www.tssa.org.uk/ elections.

Ghost train tour kicks off Delegates braved wind and rain on a pre-breakfast campaigning session to launch the ‘Ghost Train tour’ at Glasgow Central station. Hundreds of commuters were handed postcards by activists, who received a warm reception from the travelling public.

The Ghost Train will be visiting stations up and down the country, highlighting the attacks on staff and services inspired by the McNulty Report.

Many previous visits have drawn extensive local media coverage and support from local MPs and councillors - opening up a discussion with them which can serve members well on a range of issues.

To arrange a visit of the Ghost Train to your area, contact raen@tssa.org.uk.

TSSA Journal

13

c onferenc e

No change to subs rate for 2013/14 TSSA’S MEMBERSHIP RATES are frozen this year. The rate you pay, based on your payment frequency, will remain at the current level shown here.7 Full rate Weekly Four weekly Monthly Quarterly Half annual Annually

£4.00 £16.00 £17.40 £52.20 £104.40 £208.80

€4.60 €18.40 €20.00 €60.00 €120.00 €240.00

Part rate Weekly Four weekly Monthly Quarterly Half annual Annually

£2.00 £8.00 £8.70 £26.10 £52.20 £104.40

€2.30 €9.20 €10.00 €30.00 €60.00 €120.00

Notice to Direct Debit members THIS NOTICE TAKES the place of the individual subscription letter sent if subscription rates increase. Direct Debit subscriptions will continue on the same frequency, monthly on the first Wednesday or four-weekly from Wednesday 3 July then Wednesday 31 July, Wednesday 28 August etc.

Although we are not sending out letters to all members you can request an individual schedule letter if you wish, emailing membership @tssa.org.uk with your membership number.7

Delegates passed on warm thanks to the Local Reception Committee for the excellent hospitality shown after the end of conference sessions each day. The LRC consisted of Bobby Paterson, Margaret Anslow, Karan Park and John Hall.

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July 2013

Delegates support children’s charity CONFERENCE RAISED £460 for the Yorkhill Children’s Hospital in Glasgow after the Executive Committee pledged to match pound-for-pound every ticket sold in a raffle amongst delegates. Bobby Paterson, Chair of this year’s Local Reception Committee presented the cheque to the Hospital soon after conference and wishes to pass on the thanks of the LRC to all those who donated.7

Elections Election of president Mick Carney Harriet Yeo

2547 815

elected

Election of treasurer Andy Bain Simon Lee

2445 940

elected

Election of Executive Committee member for Scotland Stephen Lawrence 138 Margaret Anslow 130 Karan Park 53

elected

INCOMING PRESIDENT MICK CARNEY writes about the task ahead of him on page 15.

Newly elected treasurer Andy Bain told the TSSA Journal: ‘I’m look forward to overseeing good financial governance as we move towards merger. In the meantime we must not slacken on our day job, which is to look after our collective interests as TSSA members. This will not be easy as we face up to the inevitable attacks that will come from the McNulty recommendations. All TSSA members will face some aspects of the government cuts to education, health, housing and welfare provision and we should give a lead in opposing these, such as through the People’s Assembly. I personally would be happy about one cut though – don’t spend tens of billions on the proposed new generation of Trident nuclear missiles’.7

Mick Carney

TSSA’s newly elected president, Mick Carney, looks forward to the challenges ahead

‘A merger will only happen if it is the right move for our members’

‘I’m a firm believer in branches, but our democracy is only as strong as the people willing to participate. Get stuck in!’

comment

Thank you for electing me as your new president. I’m a career railway man, having started out on the Youth Training Scheme (introduced the last time the Tories needed to massage the dole figures) in 1983 straight from school in my native North East England. After the scheme, the only chance of getting work was to transfer ‘down South’, so just after I turned 17 I took up a position as a carriage cleaner at East Ham sheds. I stayed there for a year then transferred back to York to work in despatch at what was then British Rail’s main headquarters outside of London.

Whenever I pass by what is now a very exclusive hotel not far from York station, I’m always filled with sadness, remembering that once proud railway office. In early 1988, under threat of redundancy, I transferred to Waterloo TEB and via a couple of other ticket office jobs, I ended up at Penge East in South London, where I have now been for over 20 years.

I take on this role at a time of great uncertainty for many of us: in the industries where we work, on a national level due to the heinous attacks of this government and indeed a time of change within our union itself.

In the industries we organise in, things seem to change on a daily basis. The travel trade continues to contract as more and more bookings are made online. This is all well and good, but means many people no longer have access to the expertise that our members can bring. I for one would rather phone through and know who I am speaking to, or better still, visit my local travel store and have a friendly, welltrained staff member make my booking for me.

In the railways, we work in a privatised industry and have to survive in a time of constant change. Last year’s West Coast debacle has thrown the discredited franchising system right up in the air. No one in government seems to know what they are doing – they are just sure they need to do it before the next election.

It’s now been over two years since the

publication of the McNulty Report. Up to now, we have managed to stave off the worst excesses of the report, thanks in no small part due to the pressure built through our community organising strategy and the alliances we have built. I personally wish to thank DPAC – Disabled People Against Cuts – a more courageous group of campaigners you could not hope to meet, and thanks to you, our hard working reps and members. But we must remain vigilant. This government is still after 'value for money' whatever the cost to the quality of services. This will come at the expense of our members, whilst allowing greedy privateers to continue with their inflationbusting price rises and skim profit from the top.

All except in East Coast. Now that's an oddity.

Taken back under public control a couple of years back, services have improved and record profits have been paid back into the public purse. And the answer to this success story for public ownership? Privatise it again. It is time to scrap the whole failed privatisation experiment and follow the East Coast example and renationalise the railways.

As Manuel has said before in the TSSA Journal, we are currently in discussions with Unite regarding a possible merger. I sit on the team in the discussions and can pledge it will only happen if it is the right move for the TSSA and the right move for our members.

And lastly I want to thank my branch, Southeastern Metro, for their unwavering support and friendship they have shown me over the years. I am a firm believer in the branch structure being the way forward for our internal democracy, but a democracy is only as strong as the people willing to participate. Whilst we may need to move away from traditional branch meetings and be prepared to look at other ways of doing things, I do encourage you all to engage within the democratic structures of our union.7

TSSA Journal

15

Christian Wolmar Rather than simply buying new rolling stock, the post-privatisation settlement has created a monster through using unnecessarily complex leasing arrangements.

Our money could be put to much better use, argues Christian Wolmar.

Rolling stock absurdities Siemens' Desiro City beat off competition from Bombardier to supply the Thameslink route.

The most obviously scandalous aspects of the whole rail privatisation fiasco have tended to be over rolling stock deals. It all started with the sale of the three rolling stock companies, which was carried out in 1995 in great haste to put a few bob into the Treasury coffers.

This deal, rather like today’s hurried and equally shocking sale of the Royal Mail, cheated taxpayers out of at least £1bn. Now the scandals continue through a variety of crazy and complex deals to acquire new trains.

The creation and then sale of the rolling stock companies (or ROSCOs) became necessary as part of the privatisation process because the sensible solution, of allowing the train operating companies to own the stock, was not possible because their franchise periods were too short. The rolling stock would outlast the franchise, and therefore another arrangement had to be made. Therefore the trains had to be leased and the three rolling stock companies, now all owned by banks,

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July 2013

were established in order to ensure competition – though this was a bit daft, too, since competition was pretty much impossible in practice given rolling stock tends to be line specific.

This all added significant costs. Old trains, long depreciated so that they were effectively worthless, still had an asset value and therefore were leased at often high costs to the operators – who had no choice – and in any case, were mostly subsidised. The most scandalous of the lot were the old Tube trains on the Isle of Wight, built in 1938, but which after privatisation had earned their owner over

The most absurd deal has been the Intercity Express Programme, it’s taken nearly a decade and will undoubtedly result in far higher train costs than necessary.

Siemens

a million pounds in leasing fees. This only stopped when they were eventually given away by HSBC Rail, conscious of the bad publicity that had resulted.

The ROSCOs have fallen rather out of favour – somewhat unfairly as all they were doing was taking advantage of the government’s incompetence – and instead the government sets up deals to purchase rolling stock through insanely complex partnerships with the private sector. The most absurd has been the Intercity Express Programme, a procurement process that has dragged on for nearly a decade and finally resulted in a £2.4bn deal with Hitachi in 2012. This will undoubtedly result in far higher train costs than necessary. Instead of simply buying trains, the deal involves an ongoing contract for Hitachi to provide sufficient trains to fill a set number of paths and for them to carry out all maintenance on the trains throughout their lives.

Ministers opt for these Private Finance Initiative deals as otherwise such purchases would be on the government’s

Christian Wolmar CC BY SA Darren J Glanville

In at least some parts of government, there is a recognition that the private sector should not be involved.

Retired tube trains on the Isle of White may be 75 years old, but still earnt over a million pounds for their owner.

be entirely publicly funded. They will nevertheless still be leased, like the London Overground stock, because that is ‘tax-efficient’ but there will be no attempt to pass on risk for construction or maintenance to the private sector in exchange to create a Private Finance Initiative arrangement.

This will create a rather strange situation. Crossrail will run trains eastwest through London while Thameslink

All this waste arises because of the insistence on keeping railway assets off the government’s books operates in a north-south direction through the capital. The two will meet at the hugely expanded Farringdon station, where one set of trains will have been purchased in a conventional deal, while the other will be subject to a complex PFI arrangement. What’s more, they may even end up being the same train, though politically Bombardier would be favoured as it has a British base. Only in Britain do we make things so damn complicated.

Hitachi Rail Europe

books, something ministers are always keen to avoid because, they reckon – wrongly in the view of many economists – that it might lead to higher interest rates. However the stated rationale is ‘passing on risk’. But ministers never seem to understand that private companies have a very conservative view of risk and therefore charge enormous amounts in order to take it on. Moreover, since governments can borrow money more cheaply than private companies, these deals are inherently more expensive. So the Hitachi deal will result in higher train fares and more taxpayers’ subsidy than is necessary.

The similar arrangement for Thameslink trains, controversially signed with Siemens rather than the Derby-based Bombardier, has been the subject of a recent National Audit Office report which was highly critical of the two year delay in finalising the deal. The NAO queried whether the first of the 1,200 coaches could now be delivered in time for the 2015 deadline for the first trains, because two years after the granting of the contract, the financial arrangements are still up in the air and the £1.4bn deal has not been concluded. The delay is due to Siemens being unable to come up with a suitable funding deal – ironic given that it beat off Bombardier precisely because it was able to offer cheaper financing arrangements.

There are signs that in at least some parts of government, there is a recognition that the private sector is not able to take on the massive risks associated with rolling stock and therefore should not be involved. It has recently been announced that the new trains for Crossrail will not be part of a Private Finance Initiative deal, as had been originally intended, but rather will

All this waste of money and these scandalous – there is no other word for it – complexities arise because of the insistence on keeping railway assets off the government’s books and because of the obsession with passing on risk to the private sector, without realising that it always has to be paid for. Perhaps the Crossrail decision will mark the beginning of a change in policy. The best option, of course, would be to return to system prior to privatisation, when rolling stock was simply purchased by the operator, and paid for conventionally. It would be quite possible to set up long term maintenance deals, rather like an extended warranty on one’s car or washing machine that were paid for separately so that the contracts were transparent, something that is not presently the case. That arrangement still largely prevails in Europe where procurement is faster and far cheaper.

However, I suspect that we will not return to those simpler days. The neoliberal agenda is simply too firmly entrenched and there are too many lawyers, consultants and bankers arguing that these complex deals represent value for money when clearly they don’t. Sadly, it will be our children and grandchildren footing the bill for them.7

Hitachi was announced as the preferred supplier for the Intercity Express Programme over four years ago. The complex contract is still to be finalised.

TSSA Journal

17

Paul Salveson Paul Salveson explores how Merseytravel – which licenses its own TOC – is using its powers to develop the region’s transport network in a very different way to the UK government’s model.

Merseytravel

Cllr Liam Robinson at the award winning Liverpool Central station

Merseyside’s transport future: TSSA’s Liam sets a new direction

CC BY SA 3 DavidArthur

Merseyside has always been a leader on transport. It was the Liverpool and Manchester Railway, opened in 1830, which really started the Railway Age – and there’s plenty of ground-breaking stuff going on there today. Much of this is down to the team led by TSSA member Liam Robinson, who chairs Merseyside Integrated Transport Authority (ITA), which oversees the transport executive Merseytravel.

The area has its own train company – Merseyrail – which is unusual in being the responsibility of the transport executive, not the Department for

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July 2013

Transport. It’s a long contract, running for 25 years, which provides the sort of stability that many national franchises miss out on. Furthermore, the close relationship between Merseytravel and Merseyrail has led to a positive partnership which has seen major growth in passenger numbers and new investment.

Merseyrail scores consistently well in passenger satisfaction scores, making it Britain’s most popular regional train operator. It’s also at the top of the class in performance scores, reaching 96.2 per cent PPM this year. Little wonder then that passenger numbers have grown by 40 per cent over the decade. It marks its 10th anniversary in July this year, and there’s plenty to celebrate.

Merseytravel was established back in the 1970s and one of its early achievements was the creation of two underground links that connected up and re-modelled Merseyside’s local rail network. ‘Merseyrail’ was developed as a distinct brand by BR, reflecting the strong local identity of Merseyside. Following privatisation, Merseyrail was kept as a separate franchise covering the local electrified network. It was a radical step by the transport authority to insist that

they, not the Department for Transport, would be the franchising body. The new franchise was let to a joint venture between Serco and NedRail (now Abellio) in 2003. The company has an ethos of social responsibility and its staff have raised over £500,000 for charity in the last 10 years.

TSSA member Cllr Liam Robinson took over as chair of the transport authority in 2012, having been elected onto Liverpool City Council in 2008. He has hit the ground running, picking up a number of key projects which could transform Merseyside’s rail network.

‘Rolling stock is a huge issue for us,’ Liam told TSSA Journal. ‘We are going for a complete replacement of our fleet, a project worth over £300 million. We’ve appointed a director to oversee the project and we will be issuing tender notices later this year.’ Merseyside currently operates a fleet of 59 electric units introduced in the late 1970s. ‘The financial package for the order will be challenging to achieve, but we’re confident we’ll do it,’ says Liam.

The trains will be owned by Merseytravel or a subsidiary company, rather than a rolling stock leasing company. ‘This is a pioneering approach,’ says Liam. ‘We want

to buy the trains ourselves so that the fleet will be owned by the people of Merseyside, not the banks. We’re looking at a range of options across a 40-year horizon which will give us the capacity to expand the network.’

The current Merseyrail system is based on two linked networks: the Wirral Line, reaching out beneath the Mersey to New Brighton and West Kirby and the Northern Line which connects Liverpool with Southport, Hunt’s Cross, Kirkby and Ormskirk. The 75-mile network is powered by 750v third-rail – with parts of the system having been electrified during the First World War. The hub of the network is Liverpool Central, which has recently undergone a major upgrade to handle a

‘Northern and TransPennine make £100m a year profit.

We could get a lot of new kit with that.’

huge increase in passenger numbers over the last ten years. It won the top ‘station excellence’ award at a recent ceremony.

The work was funded through a partnership between Network Rail and Merseytravel and has resulted in a modern, user-friendly facility which can handle future growth. Further stations are being refurbished as part of a £40m project. The jewel in the crown of Merseyside’s new generation of stations is Liverpool South Parkway, a brand-new station opened in 2006 which serves the expanding John Lennon Airport. It was built as an exemplar ‘eco-station’ incorporating a range of state-of-the-art features which combine energy efficiency and lower life-cycle costs. And it’s a lovely station to use, with excellent passenger facilities. Another special feature of the Merseyrail network is the ‘M to Go’ shops which combine traditional booking office facilities with convenience stores.

Merseytravel and the train operator have been at the head of the game in promoting cycle access to stations, with an expanding network of cycle facilities which will soon cover most stations on the network. Merseyrail has its own dedicated cycling officer who is seconded

from parent company Netherlands Railways (NS). A new ‘cycle point’ based on NS experience will open in Liverpool early next year. The historic Edge Hill station is now a flourishing arts centre called ‘Metal’ which encourages visitors to arrive by train.

Liam and his team want to see an expanding rail network, working with Merseyrail and Network Rail to plug some major gaps. The 1960s new town of Skelmersdale provided homes for tens of thousands of Liverpudlians displaced by slum clearance programmes. Yet the railway that went through the heart of the new development was closed before the construction work started.

Merseytravel is now looking at ways of bringing ‘Skem’ back onto the rail network by providing a new extension from the Kirkby Line. ‘We’re working with West Lancashire District Council and Lancashire County Council on ways of achieving this,’ says Liam. ‘It’s one of the biggest towns in the North-West not connected to the rail network and we want to change that.’ Merseytravel is also looking at other projects which use existing but under-used infrastructure: upgrading the ‘Halton Curve’ to create services from Liverpool city centre, via Liverpool South Parkway, to North Wales, as well as electrifying a second route to Wrexham via the Bidston line on the Wirral. In the longer term, the authority are looking at extending third-rail electrification beyond Ormskirk to either or both Southport and Preston.

Community involvement is central to Merseytravel’s approach and its ‘Community Links’ team is a wellestablished part of the organisation. They have pioneered innovative approaches to community involvement on the rail and bus network, encouraging children and young people to get involved in transport awareness projects. Many of Merseyrail stations have attractive art work created by local youngsters and over 50 stations have been adopted by the local community.

Merseytravel has a positive relationship with Northern Rail, which operates the ‘City Line’ routes from Manchester and Wigan into Liverpool city centre. The historic ‘Chat Moss’ route between Liverpool and Manchester, built

by George Stephenson in 1830, is currently being electrified, allowing this

Merseytravel

Paul Sal veson

‘M to Go’ shops retain fully staffed ticket offices by combining them with convenience shops.

‘Cinderella route’ to come back into its own as a key inter-regional corridor across the Pennines to Leeds and York.

The route from Wigan is also being wired to create a ‘Lancashire Triangle’ of newlyelectrified lines. In addition, part of the route between Huyton and Liverpool is being restored to quadruple track by Network Rail. ‘Electrification between Liverpool and Manchester will offer muchreduced journey times between the two great cities and bring huge benefits to St Helens, Newton-le-Willows and Huyton for commuting in both directions. The key worry for us is that we could find we have a new electrified railway next year but no electric trains to run on them!’

‘Our new fleet will be owned by the people of Merseyside, not the banks.’

Liam and his Labour colleagues on the transport authority back moves to devolve responsibility for the Northern and TransPennine Express franchises to the North. ‘We strongly support the principle of devolution and the success of the Merseyrail franchise, managed by ourselves, shows that the principle can work in practice.’ Liam isn’t content just to manage another private sector franchise when the current Northern and TransPennine contracts end in 2016. ‘I would like to see a not-for-dividend train operator accountable to the community, where the profits are put back into the business so new trains and station improvements can be made.

Currently, Northern and TransPennine between them make about a £100m a year profit. We could get a lot of new kit with that.’ 7

TSSA Journal

19

equalities

Disabled Workers’ Conference

TSSA neurodiversity work at TUC conference TSSA’S WORK IN assisting members with a range of disabilities linked to the processing of information was highlighted to the wider union movement at the recent TUC Disabled Workers’ Conference.

A well attended fringe meeting saw TSSA’s Neurodiversity Organiser Sarah Hughes explain that the term links conditions such as autism, dyslexia, dyspraxia, dyscalculia and attention deficit (hyperactivity) disorder. As these are hidden disabilities, if an employer is either unaware or unsupportive, it can lead to work-related stress, grievances, sickness and disciplinaries if a worker’s performance is affected.

Sarah presented research commissioned by the union from Heriot-Watt University. The report ‘Neurodiversity in the Transport and Travel Industry’ looks at the knowledge, perception and support for neurodiverse conditions within TSSA workplaces. Many attendees said this would serve as a useful tool for workplace discussions with managers, helping them gain understanding and support for neurodiverse workers.

The event created a huge interest, especially around the new role of ‘neurodiversity champion’ in the workplace. Sarah explained that the TSSA has developed the role to offer support, information and help with negotiating a good working environment for those who are neurodiverse.

A further fringe meeting, sponsored by Morrish Solicitors will take place at TUC Congress on 10 September in Brighton.7

i

If you are interested in becoming a neurodiversity champion or you would like some information, please email Sarah Hughes at hughess@tssa.org.uk.

TSSA WAS WELL represented at the TUC’s annual conference for disabled workers by four members who joined with over 200 delegates from other unions, writes Simon Pearson.

Delegates voted on 20 motions and elected the Disabled Workers’ Committee. Debates ranged from challenging disability-related poverty and supporting disabled workers’ co-operatives, through to promoting measures to encourage more disabled Members of Parliament.

We heard speeches from significant players in the trade unions and disability organisations. Kay Carberry, the TUC’s Assistant General Secretary spoke about the TUC’s campaign for ‘A Future The Works’, Andy Green represented Disabled People Against the Cuts, Cathy Casserley spoke about her work as a barrister defending disabled people’s rights and Chris Holmes, who is blind, spoke about his work in the Equality and Human Rights Commission Delegates also held a street protest to publicise the cuts in benefits and support for the disabled.

As well as the fringe on neurodiversity (see left), there was a second meeting hosted by the Action for Rail campaign, highlighting their report into the effect that staff cuts would have on disabled rail passengers.

This was an important conference at a time when the progress that has been made in supporting disabled workers is in danger of being lost. 7

Railway Employees Privilege Ticket Association Available to all in the transport industries, TSSA members, family and retired staff. REPTA offers many free, discounted and special rates, listed in our 80 page Yearbook.

New for 2013: Membership discounts at National Railway Museum, free Personal Accident cover for travel on public transport. Discount cinema tickets and online rail ticket bookings continue.

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July 2013

£4.50 per year. Additional cards for family members £3.

Send cheques/POs to REPTA, 4 Brackmills Close, Mansfield NG19 0PB. Tel: 01623 646789.

Include name, address, email and date of birth for each + code ‘TSSA’ or join at www.repta.co.uk.

Learning and neurodiversity

Reps transform workplace lives AS THE LEAD Union Learning Rep (ULR) at a First Group franchise, it is John Bacon’s role to encourage learning in the workplace. His fellow workers, whether they’re TSSA members or not, often approach him for advice and guidance if they’ve had any difficulties.

As someone who’s attended TSSA’s learning reps training programme, John knew about the union’s work to encourage a better understanding of dyslexia and other similarly hidden conditions in the workplace through the Neurodiversity Project. Specialist reps have been trained so they can confidently talk their fellow workers through the best course of action as well as advise employers, hopefully before difficulties arise, in how best to support staff with a neurodiversity-related condition.

Through employers developing an understanding of the conditions and putting in place what are often very simple support systems, performance issues which might otherwise be taken up via a disciplinary route can be prevented or resolved.

Members can also carry out their work more effectively and reduce their stress levels, ultimately benefiting the

David Brady went from being a non-member to an activist due to engaging with a learning rep.

employer through fewer days lost to sickness.

David Brady works for a First Group company as a Revenue Inspector. His main role is to travel the line, checking tickets and dealing with passengers who have not paid the fare. When he first came in to contact with learning rep John Bacon, he wasn’t a TSSA member.

David had been assessed as having dyslexia at his previous employer. He recognised that he struggled with certain aspects of reading and writing for his paperwork and although he could struggle through, he found it was slowing him down.

Although David had informed his employer, he hadn’t received any extra help or guidance. Employers are often concerned that

changes might be expensive or they simply aren’t clear about their legal responsibilities under the disability legislation.

John noticed many of the problems David had could be easily resolved with a few reasonable adjustments – for example an extra 10 minutes to give him more time to book up and make sure his paperwork was correct, or to change to using yellow paper at his depot.

As a result of TSSA’s intervention, yellow paper was ordered straight away and David was able to negotiate extra time to complete his paperwork with his employers.

As a result of his experience, David joined TSSA and went on to become a ULR and a Neurodiversity Champion himself. He is now formally

trained to act as an accredited neurodiversity screener. He has already recruited 15 new members to the union and is working on ideas for a neurodiversity policy that he hopes First Group will take up.

A growing number of employers correctly recognise that establishing a clear policy will pave the way for others to stand up and seek the support they need to be as effective as possible in the workplace.

John Bacon sees the help he was able to offer having a much wider impact: ‘David has been able to learn a lot about his own fears and concerns about dyslexia, as well as finding out about other neurodiversity issues. With this knowledge he will now be able to screen and support many others at work. This is a really incredible turn around given the fact, the first time I met David, he was just using his own coping mechanisms to get through the day.’ 7

i

To find out more about Union Learning contact learning @tssa.org.uk or 020 7529 8049 or for details of TSSA’s neurodiversity work, or to order information on legal rights, model policies and ‘Dyslexia in the Workplace’ packs, email Sarah Hughes at hughess@tssa.org.uk.

Get active with FutureTSSA FutureTSSA, which represents members under 35 held a highly successful set of training sessions in Bristol recently, including engaging passengers with TSSA’s ‘ghost train’ at Temple Meads station.

The next meeting of FutureTSSA will be held on the weekend of 7 and 8 September. To find out more contact Al Stoten on alexanderstoten@yahoo.co.uk / 07428550601 or Gary Kilroy on 07904860314 for further details.

TSSA Journal

21

TSSA personal injury service

“I could not believe that something that seemed so insignificant at first – a cut to my finger – could turn into such a major problem.”

Mark had been preparing for a presentation at work, adjusting the height of a projector screen. As he pressed the button to adjust the height, he felt a sharp pain. Releasing the equipment, he discovered a side of the button had been sheared and presented a sharp edge which had pierced his index finger.

“It kept bleeding and I did not want any blood on my shirt before the presentation, so I got our First Aid officer to quickly dress it and finished setting up.”

Initially the injury appeared a minor index finger cut.

“Normally, after a day, I would have been right as rain. Somehow, the cut got infected. Personally I

think there must have been some kind of lubricant on the shaft of the supports for the screen, but whatever it was, something got into the cut and infected it.”

The cut did not respond to antibiotics, and Mark had to undergo an operation to the sheath tendon of his index finger.

“I was getting a bit of flack from the guys at work, and I would joke along with it pretending I was only doing it to get attention from the wife, but actually it really was awkward. This is the digital age – you use your index finger all the time.

Working on computer, phone calls, even watching telly at home, you need your index finger.”

After the first operation failed to stem the effects of the infection, Mark had to undergo a second operation to his sheath tendon.

“By this time I was

getting fed up. When our local TSSA branch rep saw the accident book, he asked about my injury. My arm was in this sling which I hated but the doctors insisted I had to wear. When the rep advised I could claim for compensation, I felt relieved because by that time I was fed up with the whole thing. I would never have tried any of those TV legal offers, but you know you can trust your union.”

Wearing the sling after both operations brought further complications when Mark began to experience problems in his right shoulder.

TSSA put Mark in touch with Fiona at Morrish Solicitors who contacted his employer, alleging the employer had failed to maintain their equipment in good repair and had breached regulations.

Mark’s employer admitted liability for the accident and resulting injuries.

CC BY SA sarahakabmg

Member compensated after office accident

Following negotiations, Mark accepted a settlement for £13,000 for his injuries.

“I was really pleased with the support from TSSA. It came at the right time for me. I would rather not have had the cut in the first place, but this compensation means I have been able to get proper rehabilitation. I’m not quite back to what I was, but I’m getting there, thanks to TSSA and Fiona at Morrish.”

l Based on a real life case. Certain details have been altered to protect.

Morrish Solicitors LLP provides expert legal advice for medical negligence cases, accidents and injuries to TSSA members and their families. Call the legal advice helpline on 0800 093 0353.

Morrish Solicitors is a Limited Liability Partnership and regulated by the Solicitors Regulation Authority.

Accidents do not happen - they are caused!

As a member of the TSSA, should either you or your immediate family suffer injury through someone else’s negligence, you will be entitled to FREE legal advice and representation from our specialist personal injury lawyers Morrish Solicitors LLP. No money will be deducted from any compensation recovered and no charge will be made to you or your family for the advice and representation you receive.

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ACCIDENTS AT WORK

22

July 2013

ACCIDENTS OUTSIDE WORK

ASSAULTS

TSSA Personal Injury Services Free to Members & their families

0800 093 0353

ROAD TRAFFIC ACCIDENTS

SLIPS OR TRIPS

OCCUPATIONAL DISEASE

hel pdesk If you have a question about your workplace rights, call our employment law specialists on 0800 3282673 in the UK or 1800 805272 in the Republic of Ireland or email helpdesk@tssa.org.uk Hours: Monday to Thursday 8am–6pm Friday 8am–5pm

Holiday entitlement Q. I am on a zero-hours contract and am not sure whether I am entitled to any holidays. Should my employer give me time off, and if so how much?

A. You should have been given a statement saying when the company’s leave year starts and finishes. Every worker is entitled to 5.6 weeks leave within that year.

The government provides a formula for those on zero-hours contracts, which allows you to accrue 12.07 per cent of actual time worked within the normal leave year as annual holiday. If you add up all the

hours you have actually worked, and multiply by 12.07 per cent, that will be the number of holiday hours you have accrued. Note that if you have been fortunate enough to be provided with sufficient hours to accrue more than 5.6 weeks holiday, you will not be entitled to more than the 5.6 weeks, except if your employer agrees to let you take it. And let’s face it; if you’re on a zero hours contract they ain’t going to be that generous.

Holiday pay Q. I am on a zero-hours contract and have managed to accrue some annual leave. I was wondering how my employer will work out my holiday pay?

A. If you do not have ‘normal’ working hours, a week’s pay for holiday pay purposes is calculated as being your average pay over the previous 12 weeks. If there were any weeks when no pay was due, this should be replaced by the immediately preceding week in which pay was due.

No work, no pay?

Q.I was at work when we had a power cut and our computer systems went down. We were told to wait for it to come back on, but it was out for over three hours and we could do no work. Our boss has said that as I am on a zero hours contract he is not obliged to pay me for the time I wasn’t actually working.

CC BY SA 2 quinn.anya.tif

A. The National Minimum Wage

Told to stay at work with nothing to do? You must be paid.

0800 3282673/1800 805272

they try to find a way to negate this decision.

Back to the bad news. There are now around 200,000 employees in the UK on zero-hours contracts, with no guarantee of work or income, but kept permanently ‘on-call’.

Apart from the uncertainty of income, there are other questions about statutory rights. Here’s a few we’ve had:

Regulations say that whenever you are on the employer’s premises you are entitled to be paid (except for meal breaks etc.), even if they don’t give you any work to do. If you had been sent home until everything was working, then that would be different.

Republic of Ireland

First, a little bit of good news amongst the deluge of attacks on workers’ rights by the Tory-led government. Though we are still waiting for the full judgment, the Employment Appeal Tribunal has decided that UK rules on collective redundancy consultation are incompatible with the EU directive and therefore need to be re-written with the words ‘at one establishment’ being removed.

This means that the advice given in the March TSSA Journal about the size of an ‘establishment’ is now out of date.

There will be a statutory requirement to consult employees when there are 20 or more redundancies throughout a company, not just in any one workplace.

This provides workers with extra protection, especially in companies where they have lots of sites, each with only a few staff based there. It means that companies can’t get round the statutory 30 / 45 day redundancy consultation.

We can, no doubt, expect the lights to be burning late in Vince Cable’s Department of Business office while

UK

‘Zero Hours’ does not mean zero rights

TSSA Journal

23

letters This is your chance to share your views with thousands of other TSSA members. The deadline for the next issue is 29 July. Letters may be edited for length or clarity. Email journal@tssa.org.uk or write to TSSA Journal, Walkden House, 10 Melton Street, London, NW1 2EJ.

letters

Trades Councils are vital I am very proud to inform members of the success we have had with Bromley Trades Council and highlight the benefits from being involved in your local Trades Council.

Over recent years our Trades Council had gone into decline. Along with a colleague from our local anti-cuts group, a number of us got involved and contacted other unions and members in our area.

Last year I was delighted to be elected as secretary and at this year’s AGM I was joined by Big Al as our president.

At 29, he is one of the youngest presidents of a Trades Council and already bringing in further fresh ideas. Attendance is now five times what it was and we now have regular guest speakers.

I cannot express enough the advantages of getting involved in a Trades Council – a chance for all local unions to come together to support each other and help fight as one.

Steve Leggett Southeastern Metro branch Palestine I was pleased to read of the recent TSSA delegation to Palestine, having travelled there a few years ago with five other TSSA members on an unofficial visit.

Such visits and reports have done much to inform TSSA members and the British public of the true ‘David and

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July 2013

Goliath’ situation in Palestine and Israel.

Supporters of the Israeli government used to try to hide the truth, then when it started getting out they said it was two equal sides, but now the real truth is out there.

The next stage should be to bring justice through international political pressure on the Israeli state.

Andy Bain Network Rail North London branch I read with interest the TSSA Journal dated May 2013. I thought the article, in the last TSSA Journal,

by Manual Cortes about the Welfare State being a hallmark of a civilised society was particularly thought-provoking and showed his passion to see social justice.

It was with some concern, though, that I read the article on Palestine. I felt that whilst it is true that the Palestinians are suffering grievously and need a socially just settlement, the article was too one-sided, ignoring the injustices being carried out against the Jewish people/Israel and did not consider the bigger picture.

Israel is a legitimate state, as recognised by the UN ever since its ‘birth’ in 1948.

Jews have always lived in ‘Palestine’, even after their mass deportation by the Romans in 70AD. At the time of the birth of modern Israel, significant parts of the

land of Palestine were already owned by Jews.

Many of the people now known as ‘Palestinians’ (a relatively modern term) are actually descendants of economic migrants from neighbouring countries who came to work in the land, just as the Jews did. So there are questions as to ancestral heritage in the land.

After its legitimate creation there were major attempts to destroy this small country – each attempt failed, but it has left the Jews bruised, battered and fearful of her neighbours, and presumably much less inclined to trust them in any negotiations.

So, what is Israel supposed to do? Curl up and die? Hand over adjacent territories to people whose track record is to fire rockets at her civilians? Surely both sides need to lay down their arms and be prepared to forgive before there can be any progress.

I just feel it does not help the situation when TSSA encourages members to take sides and boycott Israel when actually what is needed is support for understanding on both sides.

Peter Summerside Network Rail Milton Keynes branch Is it any wonder that membership of the TSSA is falling when the article on Palestine takes four pages of the May TSSA Journal.

Palestinians are suffering severe injustice which is the fault of their fellow Arabs holding them hostage for decades. The Palestinian issue should have been resolved years ago with displaced Palestinians moving to other counties, gaining citizenship, and forging a new future.

Robert Wise South Yorkshire branch Thank you for publishing the really informative article on Palestine. Whole generations of Palestinians have grown up knowing nothing but Israeli military occupation, ordered by a government they don’t get to vote for. The world must not tolerate this – we must not tolerate this.

This is not a question of ‘taking sides’ in an arbitrary way. All will benefit from the end of the occupation. As Desmond Tutu has said, ‘If you are neutral in situations of injustice, you have chosen the side of the oppressor. If an elephant has its foot on the tail of a mouse and you say that you are neutral, the mouse will not appreciate your neutrality.’ A boycott is a peaceful and totally reversible step, which could be rescinded when Israel ends the occupation and returns to its former border. We use sanctions to push for change elsewhere – why should it be any different here?

Name and address supplied