March 2015
INSIDE
n Michael Dugher interviewed
n Equal pay in Network Rail n New TSSA legal services
Election 2015: Labour’s plan for our railways
in this issue
Transport Salaried Staffs’ Association General Secretary: Manuel Cortes
Joining TSSA T: 020 7529 8048 F: 020 7383 0656 E: join@tssa.org.uk Your membership details T: 020 7529 8048 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 by TSSA, Walkden House 10 Melton Street London NW1 2EJ Design and production: Linda Mugridge linda.mugridge@virginmedia.com Views published in the Journal are not necessarily those of TSSA. TSSA Journal is printed by TU Ink on Leipa Ultra Silk comprised of 100 per cent post-consumer waste. The polythene wrapper is oxo-degradable. Vol 111/issue 1234
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Standing up to TfL over attacks on pay and pensions.
Rod Leon
4–9 News and campaigns u Franchising – the beginning of the end? u Non-profit operator planned for Wales
u Union rights under threat in Great Western
u CalMac – for communities or just for profit? u Standing up to TfL’s attacks
u Get involved ... and change the government
10 Lessons from the Underground 11 Winning clear and equal pay for Network Rail managers 12 President: Improving our democracy 13 General secretary: A Labour government to rebuild Britain
14–15 Michael Dugher: A better railway under Labour 16–17 Election 2015: Changing Britain for the better 18–19 Introducing TSSA Legal Services
editorial
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We marched for the alternative last October, now it’s nearly time to vote for it, electing a Labour government in May.
20–21 World War One: Our story 22 Greece: Standing up to austerity 23 Get involved in your union 24 Stand Up to Racism and Fascism 5 Barmouth Bridge in North Wales. The Welsh Labour government have announced plans for a not-for-dividend rail operator.
Welcome to the latest edition of the TSSA Journal. With the UK general election just weeks away, it is impossible to understate just how widely felt its impact will be. There are only two contenders to form the next government: Labour or the Conservatives. Everything else flows from that. A victory for the Tories will unleash a new clampdown on our rights at work, with the Tories pledging to put yet more hurdles in the way of workers seeking to assert our rights. It will also embolden employers to drive down wage settlements and further degrade terms and conditions. A ‘business as usual’ approach to the railways will see us locked into long franchises, shutting off the possibility of any real change for years to come. On the other hand, a Labour victory will make a huge difference, both on the railways and to the public services we rely upon more widely. As we report on page 4, Labour’s shadow transport secretary, interviewed on pages 14-15, has been clearer than ever before about scrapping the current franchising system. Our campaigning work has played a large part in changing Labour’s view – work that will need to continue into what we hope will be a radical, reforming Labour government. We have no illusions that a Labour government will wave a magic wand and all will be well with the world, but the current Labour team have learnt the lessons from the past and offer a far better way forward for Britain. As we mentioned in the most recent Journal, we’re in the process of moving towards providing an increasing amount of our news online, allowing us to offer much more timely information than the printed Journal ever could. This means that our printed editions will now be an annual affair, looking at some of the biggest issues we all face. In the meantime, if you’re online, please do make sure that we have your email address and that you follow us on social media. I hope you enjoy this edition. Ben Soffa, editor
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Franchising – the beginning of the end? Labour say franchising will go ‘in the bin’
From Unisouth CC BY SA
ALMOST 20 YEARS on from the award of the first rail franchises, could the process be on its way out? Labour’s Shadow Transport Secretary, Michael Dugher, is certainly clear: “I’m adamant about putting the whole franchising system, as it stands today, in the bin”. The Shadow Minister, interviewed on pages 14-15, recently remarked “privatisation was a disaster for the railways” crucially adding that “the public sector will be running sections of our rail network as soon as we can do that”. However, none of this had stopped the stripping of money from the system in the form of profit. The latest figures from the Office of Rail Regulation show that despite public subsidy to the tune of £3.8bn in the last year, train operating companies paid out £183m in dividends to shareholders – in almost all cases
representing a fake profit abstracted from public funds. There are only two companies who gave back more to the public coffers than they took in subsidies. One of those was East Coast, who made a net contribution of £23m to the UK government in 2013/14. This ‘danger of a good example’ of a publicly-owned, popular and successful TOC could not be allowed to persist, with Conservative ministers riding roughshod over popular opinion and re-letting the franchise to private owners in November. The 90 per cent Stagecoach-owned Virgin Trains East Coast ensures one set of owners now have a monopoly over London-Scotland routes, again undermining the competition which underpinned the original case for the creation of dozens of TOCs.7
Justice denied by employment tribunal fees EMPLOYMENT TRIBUNAL FEES were introduced by the Tory-led government in July 2013 and, at least for nonunion members, have had a devastating impact on access to workplace justice. Our rights at work are only ever as strong as our ability to see them enforced, but the introduction of fees, which can run to £1,200 even before lawyers are engaged, has seen a 64 per cent drop in the number of cases submitted. For more complex areas like sex discrimination the fall has been even more profound, with cases dropping from approximately 22,000 to 4,000 a year – an 80 per cent reduction. One of the many advantages of TSSA
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membership is that we will cover your tribunal fees in all situations where we think your case has at least a 50 per cent chance of success, as well as providing advice on your claim and full legal support throughout the course of the proceedings. The fees system has been described as a victory for Britain’s bad bosses, allowing them to get away with harassment and abuse of workers, especially where they know an employee is not a member of a union that will cover the charges for legal action. The TUC’s Frances O’Grady has said “Tribunal fees are pricing workers out of justice and have created a barrier to basic rights at work. The
government has put Britain in a race to the bottom that is creating an economy based on zero-hours jobs and zero-rights for workers.” Labour have committed to
“abolish the current system, reform the employment tribunals and put in place a new system which ensures all workers have proper access to justice”.7
CC-BY-NC-SA- Stuart-Herbert
news
Non-profit operator planned for Wales THE WELSH GOVERNMENT’S minister for transport has announced plans to create an alternative to private rail operators, ready to take over services when the Wales and Borders franchise expires in three years time. The current contract was awarded by the UK government, but future decisions on the franchise will be devolved to Cardiff, where the minister, former Wales TUC chair Edwina Hart, takes a very different view. She told TSSA Journal, “After the transfer of powers over the franchise to the Welsh government were agreed, I announced the establishment of a not for dividend, wholly owned subsidiary company of the Welsh government as a part of our plans to deliver a more effective integrated transport system in Wales. “The company will provide advice on driving forward projects such as the South East Wales Metro, Valleys Lines modernisation and electrification, and on procuring the next Wales and Borders franchise. It will examine the
feasibility of the next franchise being run on a not-for-dividend basis.” She adds, “I am keen that the views of Welsh railway workers and the industry in general are heard as we develop these projects, which are vital for Wales’ future economic prosperity.” The pledge fulfills a commitment given in Welsh Labour’s manifesto for the current Assembly term to “examine the feasibility of the Wales and Borders rail franchise being run on a not-fordividend basis, such as Glas Cymru”. Glas Cymru is the widely commended not-for-dividend company set up to own Dŵr Cymru Welsh Water, a unique arrangement in the UK water ‘market’. This would not be the only area of transport policy where the Welsh Labour government has been expanding public ownership. In 2013 the ministers brought Cardiff Airport back into public hands at a cost of £52 million, seeing the strategic importance of transport investment for Wales’ economy. Welsh Tories decried the move on rail ownership, seemingly suggesting
the private multinationals were being oppressed. Conservative shadow transport minister Byron Davies said that “preventing private businesses from running Welsh” was “another example of Labour’s ideological aversion to the private sector”. Whatever the attacks, Welsh ministers are clearly aware of the overwhelming public sentiment, despite being somewhat constrained by the range of powers that are being devolved. The BBC report that Edwina Hart acknowledged that “Nationalisation of the railways is probably what the public would like, but that gift isn’t with me.” 7 Welsh government transport minister Edwina Hart
CC BY National Assembly for Wales
Cameron hammers 100,000 rail workers’ pensions DAVID CAMERON HAS been accused of conducting a raid on railway pensions with more than 100,000 staff and pensioners set to lose out as a result of the proposals put forward by the Tory-Lib Dem coalition. “The government, once again, is raiding workers’ pensions to fund tax cuts for the rich,” said the general secretaries of TSSA, ASLEF, RMT and Unite in a joint statement.
As part of its austerity agenda, the government is proposing wide ranging changes to the state pension – and not just to the age of retirement. This time David Cameron and George Osborne are picking the pockets of the occupational pension schemes. The government has passed legislation that ends pension contracting out from 6 April 2016, when the new single tier state pension comes into
operation. Where schemes such as the Railway Pension Scheme are currently contracted out, this will mean an increase in both employers’ and members’ National Insurance contributions from that date. The Tories have given the employers a statutory override to simply dip into workers’ occupational pension schemes to pay the increased National Insurance bill – without reference to
the pension schemes’ trustees or rules. By allowing the full cost to come from what are workers’ deferred earnings, they are protecting the rail companies’ profits at the expense of the workforce. Union leaders pledged “We are not going to stand idly by and watch our pensions being plundered to fund their private profits.” Further action in this area is expected soon. 7
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news
Union rights under threat in Great Western MPS HAVE JOINED with unions from across the world to support TSSA’s campaign to protect trade union rights in First Great Western (FGW). In November the employer gave notice to TSSA that they intended to scrap their collective bargaining agreement for managers from May this year. That agreement gives FGW managers the right to have their pay and contractual terms and conditions negotiated collectively through TSSA. It also allows TSSA members who are FGW managers to elect reps to be consulted on issues such as staff reorganisations, redundancies and company policies. FGW’s Managing Director Mark Hopwood personally signed up to the agreement in 2009, so it is particularly surprising to see him reversing something which is his own policy. That agreement only came about following a lengthy campaign by TSSA to win union recognition for managers in the first place, during which TSSA had to demonstrate high membership and levels of support amongst FGW managers. TSSA members at FGW and their supporters have been gathering a petition to the company as well as
Mark Hopwood signing the recognition agreement he now wants to tear up.
bombarding Mark Hopwood and the First Group’s Chief Executive Tim O’Toole with email messages. Supporters have also been using the model letter on TSSA’s website to ask their MPs for support. Swansea West MP Geraint Davies has tabled an Early Day Motion in Parliament that has already been signed by 20 MPs, calling for urgent talks between FGW and TSSA. TSSA reps, assisted by full-time staff, have systematically spoken by phone to as many FGW members as possible to explain the issues and galvanise support. Members have responded very positively, with no support whatsoever for the company’s position. Since the 2009 recognition agreement, TSSA reps have been able to ensure that
managers received the same pay rises as the other staff, won rights to additional payments over Christmas and Boxing Day, protected staff through multiple reorganisations and persuaded the company to examine the issue of excessive working hours and workloads. It is beyond doubt that managers have hugely benefitted hugely from having TSSA reps being able to fight their corner. TSSA representatives have been particularly concerned that FGW wants to weaken the union in order to pave the way for managers to be used as strike breakers when other grades are taking industrial action. FGW has made it clear that they intend to replace the right to be represented by an independent trade union with tame ‘forums’ that will have no clout, and no ability to influence events. TSSA welcomed an approach from ACAS to try to find a way through the differences between the union and FGW, but the company has set its face against ACAS involvement. 7
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To join the letter writing campaigns to MPs and the company, please visit www.tssa.org.uk/fgw.
CC BY NC ND E01
Affiliate to Labour and pick your next boss By Ken Livingstone
THE GENERAL ELECTION is about who the next government will be for – with the Tories it’s all about them and their millionaire friends, but a Labour government will fight for a better life for you and your family. I will be out over the next three months, making the
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case across London and nationwide – I hope you will join me. But we also can’t lose sight of what happens after the election. Over the summer Labour will choose its candidate to be Mayor of London and TSSA members can play a vital role in that decision. Last year, trade union representatives and Labour members came together to give trade unionists the opportunity to put their issues further up the Labour Party agenda by creating a
new type of relationship called ‘Affiliated Supporters’. All TSSA members can become affiliated supporters at absolutely no cost. Those affiliated supporters who live in London will then be able to choose Labour’s next mayoral candidate. That means that potentially thousands of London Underground and TfL workers can have a say over the person we hope will go on to become their next boss. This gives you a unique opportunity to vote for the person who you think will do the most to protect your pay,
your job, your rights and make life better for you and your family. Members of TSSA elsewhere in Britain can also sign up and take this opportunity to have a greater say in the future of the Labour Party. So, sign up today and get your colleagues and friends to sign up too. Help us win in May, help us choose our next candidate for mayor and help us make Britain a fairer home for us all. All you need to do is visit support.labour.org.uk and put in your details. 7
news
CalMac – for communities or just for profit?
Despite a vigorous and long-running campaign, members at the lifeline ferry service face a very real threat of being tendered out to a private contractor, reports Doug Blundell. CC BY NC SA Joe Dunckley
A UNIQUELY SCOTTISH brand, Caledonian MacBrayne has served the people of the Clyde and Western Isles since 1851 as well as being central to Scotland’s leisure and tourism industry. But in the year 2000, the Scottish Executive (now Government) made the unprecedented decision to put CalMac ferry services out to tender. The SNP government, who are CalMac’s sole shareholder, carried forward this policy which could dramatically affect not only the Scottish island communities who are completely dependent on these services, but the jobs of a highly skilled workforce both aboard and on shore.
Changes we have won will significantly safeguard jobs, terms and conditions. TSSA along with our sister unions have long campaigned under the auspices of the Scottish TUC to halt the privatisation of CalMac. Successive Scottish governments have all denied that the decision to privatise has anything to do with the supposed ‘efficiencies’ created by competition, but instead blame a clause within European Union competition law, which they claim compels them to sell CalMac. The STUC and the ferry unions have always maintained a robust argument against that flawed reasoning. Prominent Scottish academics have backed this
reasoning by declaring that as essential ‘lifeline services’ for 22 island communities, the Scottish government is not compelled to use a rigorous interpretation of EU procurement law to force through the sell-off. Also the EU’s 2009 decision that the Scottish government’s subsidies to CalMac were lawful, again begs the question of why is it ‘necessary’ to privatise the service. Despite the unions raising these issues in the Scottish Parliament on numerous occasions, the campaign against privatisation has so far proved unsuccessful. There have though been many victories along the way that have put down a marker as to how difficult any further attacks of Scottish transport services would be. The first time the Scottish Executive ever lost a vote in the reconvened Scottish Parliament was on this issue in 2004, in great part due to trade union influence and without our campaigning, the service would almost certainly have been put out to tender the best part of a decade ago, in 2007. Changes we have won have ensured a significant number of safeguards have been included in the tender specification – on job security as well as terms and conditions. Campaigning has also ensured the retention of all western CalMac services as a unified whole. Despite a very real threat to break up the ferry services into individual routes, the Scottish Transport Minister reaffirmed to the unions the
The jewel in the crown of Scottish tourism is once again up for grabs. Scottish government’s commitment to retaining a single ‘bundle’ of routes for future tenders. A postponement of the second tender until 2016 has also given much-needed time to address key issues, mainly in relation to pensions – a process that is still ongoing. So the jewel in the crown of Scottish tourism and the only public transport for islanders wanting to reach the mainland is once again up for grabs. Caledonian MacBrayne can bid for the business they currently operate, but they are likely to be competing against some of the dreaded privateers, with Serco already running routes to the Northern Isles. Some measure expertise in terms of profits made for shareholders, whereas others look to the wealth of experience of the workforce and a priceless empathetic view of island community life. TSSA members who work for Caledonian MacBrayne are enduring a period of uncertainly as they watch numerous consultants work among them, with new ticketing and IT systems fitted, bought and paid for by taxpayers. Is this million pound expense meant to help CalMac win the tender, or are they primarily an incentive for the privateers to take over pre-paid equipment on the cheap? Only the winner of the tender will determine the answer. 7
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news
A BITTER, 18 MONTH long dispute with Transport for London (Surface Transport & Specialist Services) has continued into 2015. Driven by the Tory-led government’s attacks on the public sector, the situation has been worsened by a lack of emotional intelligence in the TfL boardroom. TSSA members took part in three one-day strikes and have continuously refused to work overtime, participate in performance reviews or to volunteer as Travel Ambassadors since spring 2014. The dispute centres around TfL plans to replace consolidated, pensionable, negotiated pay rises with a discretionary, non-pensionable and non-negotiated bonus scheme, the misnamed ‘Pay for Performance’ or PfP system. PfP at TfL means pay freezes, reduction of the employer’s pension contributions and less ability for the union to collectively bargain on behalf of our members. Not content with this assault on pay, TfL bosses simultaneously announced that they were reducing all pay bands, meaning lower pay for new starters and preventing pay progression for existing staff. TSSA is by far the largest union within the non-operational staff affected by these cuts and our fantastic team of reps immediately began to mobilise. Over the first month we held over 20 workplace meetings, listening to the views of hundreds of members. TSSA learning reps organised very popular ‘knowledge lunches’ – short seminars with experts examining the pension and equal pay implications in more detail. We began to issue a monthly newsletter, distributed by reps and lay members outside offices, showing a visible presence and reaching out to non-members. More people began to join the union. Members began to get more involved. The TSSA reps gave up their evenings to run a phone bank, calling members directly to discuss the dispute and
Andrew Wiard
Standing up to TfL’s attacks
Far from weakening, TSSA membership at TfL has continued to grow, with more active members than ever before. determine if there was support for industrial action. Our members showed their anger through the ballot, with 80 per cent in favour of striking and 90 per cent in favour of action short of strike. The TfL Central branch reached out for support from London Assembly members and non-executive TfL board members. The London Assembly Labour group, led by the valiant Val Shawcross have been tireless in their support for TfL staff, both in public and behind the scenes. And we have had support from community groups such as Disabled People Against the Cuts and others. We were also able to form a trade union alliance with PCS, RMT and Unite under the banner of TfL Unions Together. Activists set up a Facebook page and Twitter account to spread the word and we participated in the UK-wide public sector strikes last June, marching under our joint banner, side by side with firefighters, nurses and teachers. Three strikes and nine months later, we are still fighting hard against TfL’s
Three strikes and nine months later, we are still fighting hard against TfL’s iniquitous and politically motivated plans.
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iniquitous and politically motivated plans. The employer’s tactics have been to refuse negotiations, refuse ACAS conciliation and impose their plans without reference to the views or concerns of the staff. Unsurprisingly, morale is at rock bottom, productivity is falling fast and goodwill is virtually non-existent. All the spirit of the Olympics has been wasted by TfL through its arrogant and unfair treatment of a loyal and hard-working staff. And they said that PfP was supposed to improve staff performance! Far from weakening, TSSA membership at TfL has continued to grow, with more active members than ever before. We continue to push on fair pay, job security and the stress created by ever-greater cuts to staff. But, with the government, mayor and employer lined up against us, we know that we need to become even stronger to resist both this current threat and the future attacks even now being planned in Whitehall. Most importantly, we need a government and a mayor that puts the needs of transport workers and transport users ahead of those of big business. Together we bargain. Divided we beg. The fight goes on. 7
campaigning The Tories have all the money they could wish for, but grassroots campaigning can secure the election of a government that serves ordinary working people.
Get involved… and change the government THE 2015 GENERAL election will be the most important vote since 1997. The consequences of another five years of Tory misrule are stark – the end of the NHS as we know it, financial markets and bankers still a law unto themselves and rapidly growing inequality as the very rich take an ever larger share of national income. The Conservative leadership have explicitly pledged to conduct further attacks on workplace rights, with turnout thresholds meaning that even a 100 per cent vote in favour of strike action could be nullified if others have failed to vote either way. Private rail franchising will continue apace, closing off public ownership for another generation. This election will be a battle of peoplepower versus money. The Tories have amassed a war chest of £78m from corporate and individual donors. To put this in context, the Conservatives spent £16.6m during the last election compared to Labour’s £8m. Despite the Tory attempt to ‘buy’ the
Katy Clark, MP for North Ayrshire and Arran “I’ve been proud to support TSSA’s campaigns in Parliament and beyond. As a member of the TSSA Group of MPs, we’ve been strongly pushing the case for public ownership within the Labour Party.”
Chris Clark, candidate for Sevenoaks and TSSA executive committee member “Campaigning and doing casework as a councillor and candidate is like being a workplace rep or a branch organising secretary. I’ve found being a member of TSSA wins respect, and there’s lots of common ground. The party and the unions are one movement.”
election, Labour have maintained a narrow but consistent lead in the polls, and have a significantly more advanced ‘ground operation’ of doorstep canvassing. These conversations and other local activity could be key to overcoming the Tories’ big spending power. Therefore TSSA has launched an ambitious programme of activity to help members make a difference. We’re focusing our major efforts on key seats where we already have a strong ally serving in Parliament, or where the candidate is amongst the many good people we want to see joining them. All are committed champions of ordinary working people and have a good track record of campaigning for workplace rights and for the public ownership of our railways.
Get involved TSSA members can play a key role in this election – and we want you to be part of that. Whether that is at a local level where you live or further afield at one of our regional campaign days, it’s easy to get
Nancy Platts, candidate for Brighton Kemptown “As a current TSSA member and a former full-time official, I’ve been working to promote the interests of TSSA members for many years. With your help, I hope to replace Kemptown’s Tory MP and be able to carry on this work in Parliament.”
Adrian Heald, candidate for Crewe and Nantwich “I’ve been working closely with TSSA for over two years now – we’ve held community organising workshops together and campaign on transport issues that affect Crewe and Nantwich – from HS2 and renewing the station to bus route connectivity.”
involved. TSSA’s political officer can help put you in touch with the right people in your own town or city to find out more about helping out. There’s many ways to help, from stuffing envelopes and going door-to-door, to getting involved online through the Unions Together social media action team at www.unionstogether.org.uk. There are also weekly opportunities to join other TSSA members to campaign across the country, meeting other union activists, MPs and candidates, or even have them come to visit you and colleagues in your workplace so they can hear your views directly.
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Please sign up to help TSSA play its part in this crucial election. We are able to support members wishing to participate, and will provide travel expenses, accommodation and food during the weekends activities. For more information please contact TSSA Political Officer Sam Tarry via tarrys@tssa.org.uk or 07850 793 971, or you can see full details and sign up at www.tssa.org.uk/generalelection.
Clive Lewis, candidate for Norwich South “I've campaigned with TSSA on everything from the extortionate rail fare rip offs through to calling for public ownership of our railways. The demand for publicly owned rail goes to the very heart of our collective beliefs. Democratic and public control of our wider economy is essential if we’re to close the inequality gap.”
Cat Smith, candidate for Lancaster and Fleetwood “I’ve always supported public ownership of our railways, but TSSA have made sure I’ve got all the facts to support the case. The Tories only won this seat by 333 votes last time, so having TSSA members join our campaign team could make all the difference.”
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London Underground
Negotiations protected many staff, but still needed to be backed up with industrial action.
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Labour’s Sadiq Khan and Assembly members supporting our Underground campaign.
railway? Reliability? Friendly, knowledgeable customer-facing staff? Fair fares? These are all things that we want too. At London Underground, TSSA was able to persuade the employer that specific skills were still required and particular jobs could not be done away with all together. This meant that we were able to protect salaries and avoid the need for staff to be assessed for new roles. But, we were only able to make this case based on the flexibility and multiskilling of the workforce: LU ticket office staff were already able to undertake gateline, train despatch and general station duties. And we still needed to back up our case with industrial action. London Underground’s operational and capital expenditure budgets are supposedly ring-fenced to prevent Peter from being robbed to pay Paul but, in reality, the operational budget is raided time and
CC BY NC SA 2 Preoccupations
THIS TIME NEXT year, unless there are major political changes, there will not be any ticket offices left at London Underground stations. There will be more trains running, but fewer staff on stations. Fewer staff to help passengers, fewer staff to ensure safety and fewer staff to deal with emergencies. This is the new operating model envisaged by the Tories and their allies in big business. When Boris announced the closure of the booking offices, he simultaneously announced that the ‘night tube’ would be introduced. Johnson knew that public anger at cuts to valued services would lose him popularity, so he tried to bury the bad news behind the so-called ‘good-news story’ of night running. The future of Britain’s railways has always been a political issue, but never more so than today. And our politicians are vulnerable to public pressure! At TSSA, we need to learn the lessons from the London Underground experience: we must work hard to build strong community alliances to protect and expand the rail services that our society and economy need so badly. If we wait for the government, TOCs or Network Rail to start building, we will not succeed. TSSA’s Better Rail campaign has highlighted an opportunity to fight cuts based on passenger needs – the delivery of a quality public service. But make no mistake, smart cards and contactless technology are coming to a railway near you. It is still up for grabs whether this means massive LU-style job cuts, or if excellent customer service, rather than simply the number of booking office transactions, is regarded as the mark of success. What do passengers want from their
Andrew Wiard
Lessons from the Underground
again, taking money from staff and service delivery to prop up infrastructure. Current DfT policy is for funding of essential improvements to come from cutting operational spending. Capital projects, which provide a great source of profit for Tory donors in the construction industry, are already eating into budgets that ensure safety and quality of service. Labour have committed to taking sections of the railways back into the public sector if they win the General Election, but this can only be a start. We then need to use this power to create a transport system that is sustainable and vertically integrated, with quality jobs delivering a quality public service. The truth is that we need to build coalitions to fight for public transport in London and nationally. It is just too important to be left to the whims of city financiers and dodgy governments. The LU experience demonstrates that such an alliance takes time to build and cannot just be magicked into existence once the cuts start falling. So we need to start now. Our Better Rail and Better London Transport campaigns provide the framework to develop coalitions. TSSA is transforming our staff structure to deliver more campaigns and projects. How can you help be part of creating this stronger voice for the sake of all our futures? 7
news
Winning clear and equal pay for Network Rail managers THE VEIL IS about to be lifted on how mangers’ pay is assessed in Network Rail, correcting a situation that has been unclear since the railways were privatised. A new managerial pay structure will soon be introduced that will be both open and transparent. For the first time managers will know how their pay compares with similar roles, why differences exist and how they can challenge the assessment of their role in the new pay structure. The Transparent Pay project began in 2012 after the annual pay review highlighted that NR had significant inconsistencies in the way it rewarded staff and risked falling foul of the equal pay legislation. This requires men and women doing the same work, or work of equal value, to receive equivalent pay. A joint working group that includes NR Rewards and Benefits specialists and senior TSSA representatives worked together to understand, design and develop a pay structure that dealt with the issues of inequalities and the lack of transparency. The challenges were many and various, but as a result of constructive discussions a final structure has now been developed. At an early stage both sides agreed key objectives to ensure the new structure was: l Transparent l Simple in design l Fair to all those affected by it l Compliant with the Equality and Human Rights Commission’s equal pay guidelines. The collaborative way of working has brought many benefits to both NR and TSSA members. The employer took the momentous decision to allow two TSSA lay representatives, Jacqui Hall and David Northey to be seconded full time to the project. There has also been greater openness, resulting in much more honest conversations and TSSA being involved in all aspects of decision making.
Katy Downes from Network Rail’s Rewards and Benefits (left), working with TSSA reps David Northey and Jacqui Hall.
This type of close working is a new departure in management/union relations in Network Rail and shows that progress on these complex issues is possible through each party listening to the reasoned arguments put by the other side. The new structure covers only NR’s bands 1-4 management employees on a specific type of employment contract – a role clarity contract. Each of the four bands will be split into three pay ranges, determined by the skills and depth of knowledge required for the role, and taking into account external labour market pressures. This market influence will have in important impact in pay going forward, with the railway business entering a period of high demand for key resources – staff included. TSSA rep David Northey says, “Being part of the project from the very beginning has brought great benefits to both parties and has greatly increased the confidence and trust in the relationships between union and
management. For the first time in many years, we’ve been singing from the same hymn sheet.” Our other rep Jacqui Hall adds, “Transparent Pay delivers a pay structure that is open and visible to all employees. For the first time employees will know what the pay range is for their role and if necessary be able to challenge that decision. People will be paid for the job they do – not who or what they are. This is the beginning a change process, a drawing of a line in the sand and the company moving forward”. This project has always been seen as a journey and it doesn’t stop when the system is introduced. There will be ongoing monitoring of the pay ranges to make sure they remain competitive, equality proofed and that the new structure remains fit for a modern approach to management remuneration. TSSA will continue to work closely with NR through every twist and turn on that journey.7
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president TSSA President Mick Carney wants to hear your views on how we can build a more representative, participatory union.
Improving our democracy I IMAGINE MANY of you will be unaware of the democratic structures that make up our union. Every member is organised into a branch and all branches are organised into a division. All office-holders and bodies, including the president, general secretary and the executive committee are all ultimately accountable
Hand on heart, I could not say the current democratic structures are serving us well.
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to our annual conference, the supreme decision making body of the union. Yet hand on heart, I could not say I believe the current democratic structures are serving us well. Branches continue to close due to lack of activity or through a failure to find officers. Other have little contact with the workplace and when they fail to meet regularly, become less and less reflective of the workplace. The purpose of branches is to organise members in the workplace and to be the most local level of our union’s democracy. In some of the more successful branches, they serve as a great place for workplace reps to meet, to discuss issues and compare casework as they look to serve you, the wider membership as a whole. But sadly there are too few where this works well. The primary purpose of divisional councils is to organise branches in their area and help those that are struggling come back up to speed. As branches continue to close, we also need to look at divisional councils and question the purpose they serve. Ultimately, as branches elect delegates to our conference, where we are unrepresentative at a branch level, this means we elect a conference that does not reflect the membership as a whole. So if things are so bad, why have we not looked at this before? Well, we did. Moves were made to address these questions about 10 years back, but I think we now need a radical rethink. So what to do? Well my own thoughts are that to solve a problem, you need to identify the root cause, which, confusingly in this case, are the branches. The structure that most branches follow is for a few people to meet, often in a pub, away from the workplace. Now, this may work for some, but if you have eight people meet in a pub and then walk away and do nothing, can you honestly say you
have an active branch? Maybe the problem is the way we hold branch meetings in the first place. Are the rules too prescriptive? Do we need to meet face to face? Are branches and the people running them clear of their objectives? If people do meet, is there an issue with the venue? First and foremost all meetings should be accessible to all, maybe that’s an issue. Many working people, especially women, may have issues with childcare. These are all things to be taken into consideration. I think we need to approach this with an open mind. ‘Virtual meetings’, meetings by forum, or rep-only meetings outside of branch structures are all things to think about. Could developing the MyTSSA area of the website or a far greater use of social media also be part of the solution? I am actually a staunch believer in the branch structure and am seeking to strengthen, not dismantle it. However it would be foolish not to try and modernise. I think well-organised members are vital, firstly for industrial strength, which in turn will aid recruitment and retention of members – vital if we are to build on the good work we have done on reducing our deficit.
What would encourage you to get involved in the democratic structures of your union? But I don’t claim to be the font of all wisdom, which is why I’m asking for your ideas. What would encourage you to get involved in the democratic structures of your union? What are the barriers you face and what do you think we can do to overcome them? Please visit www.tssa.org.uk/tellmick and we’ll get the discussion rolling. 7
general secretary Manuel Cortes There are only two real possibilities: Tories cutting Britain back to the bone, or a Labour administration that will govern in the interests of the majority, writes Manuel Cortes, our general secretary.
A Labour government to rebuild Britain We must reverse the obscene concentration of wealth in the hands of the 1 per cent.
Labour’s offering is a definite break from the New Labour mantra, which saw the private sector as key.
comment
The coming UK general election is probably the most important for a generation. The Tories have promised to reduce public spending to a level not seen since the 1930s if they win. Of course our NHS, which absorbs around 6.5 per cent of our GDP, wasn’t around then. Neither were many of the public services that we rely upon. Even the Liberals don’t agree with this, although these days, it is hard to believe anything they say. As many of you know, I have consistently argued that the economic crisis is being used as cover for those who want to destroy the gains that ordinary people have made since WW2. If you are one of the many millionaires in the Cabinet, what is there not to like about this? More tax cuts for the rich, funded by the destruction of our social fabric, is simply music to their ears. Sadly, the rest of us will pay a very heavy price. We urgently need a change of direction. We must reverse the obscene concentration of wealth. In recent decades, the 1 per cent has prospered at the expense of the rest of society – a direct result of neoliberal economic policies, which have made deregulation, privatisation and attacks on workers rights and our welfare state their prime objective. To achieve this we must recalibrate our tax system to ensure it becomes truly progressive, financial regulation needs to be toughened, tax dodging and evasion must end and we must put to rest the folly of austerity. We also need to rebuild our manufacturing base. We produce far too little and import far too much. Investing in the 21st century technologies, which will help eliminate carbon emissions, will rebalance our economy by creating well-paid highly skilled manufacturing jobs. Vitally, public ownership also needs to be part of the strategy. Since 2007, in the most successful economy in Europe, Germany, over 100 energy concessions have been taken into public ownership. Even in the US, water is increasingly being taken back into public hands. Of course, no country has sunk to our level of stupidity when running their railways. Opinion polls repeatedly tell us that, like you, the British
people are sick of being continuously ripped-off by ruthless privateers. They rightly want to see our railways taken back into public ownership. Sadly, far too many among our political class appear way, way behind the curve. They promote the so-called ‘virtues’ of neoliberalism even though this allowed the City to unleash an economic catastrophe. As the general election looms, you would be right to ask what our Party is saying about this damaging economic consensus. Labour has promised to: l Bring sections of our railways under public control whilst scrapping the current franchising process; l Increase expenditure on our NHS, protect the funding of our kids’ education and stop any return to 1930s levels of public spending; l Put in place a modern industrial strategy which will see vast numbers of apprentices and create a million green jobs; l Get tough with tax dodgers and hedge fund managers, tighten bank regulation, reinstate 50 per cent income tax for those with the broadest shoulders whilst introducing a 10p rate for the lowest paid; l Build more council and affordable homes, end abuses by private landlords and introduce a mansions tax for homes worth over £2m; l End rip-offs, from energy prices to bank charges, and l Promote the living wage, increase the minimum wage and end exploitative zero-hour contracts. This is far from an exhaustive list, but it signals a definite break from the New Labour mantra, which saw deference to markets and the private sector as key. Never again I say! Just like in the 1930s, austerity has failed. For decades thereafter, it was largely avoided. Like then, we must call time on the failed neoliberal experiment. As a socialist, I would love Labour to move even faster away from this damaging dogma. However, our Party is heading in the right direction. That is why they will definitely get my vote. I very much hope they’ll get yours too!7
TSSA Journal
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Mic hael Dugher
CC BY NC SA Anthony Mckeown
Labour’s shadow secretary of state for transport tells Ben Soffa of his plans for the biggest change to the structure railway since privatisation – and what a Labour government would mean for TSSA members.
Michael Dugher: A better railway under Labour We’ve seen our fair share of transport ministers and their opposition shadow ministers in recent years. Some, like Andrew Adonis, have clearly held a real interest in the railways, whilst for others, it’s been ‘just another job’, pending the next Cabinet reshuffle. What makes Labour’s Michael Dugher unique, at least in recent times, is that his knowledge of the railway industry – and indeed of TSSA – doesn’t just come from reading a few briefings, but has been absorbed over decades as part of a true railway family. “I grew up in a pit village in South Yorkshire, about ten miles away from where I now represent in Parliament. Round there your dad was either a miner or a railwayman out of Doncaster. Both my dad’s grandfathers were on the railways: one was the chief clerk at Doncaster while the other worked in the wagon shops where he was branch secretary of what was the largest NUR branch in the country. Other than his National Service, my own grandfather worked his whole career on the railways. He was chairman of TSSA’s Doncaster Professional and Technical Staffs’ branch. My dad was also a big TSSA man and a rep
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for a while – he started as a clerk and then transferred to the civil engineering side, ending up with Balfour Beatty after privatisation.” But it’s not just family history that will keep Michael grounded – he’ll also be sure to hear the views of rail workers when he’s with family: “Both my brother and my brothers-in-law work in rail engineering in Doncaster. I was practically the only one in the family who wasn’t part of the railway in one way or another – until Ed Miliband asked me to be his shadow transport secretary last November.”
“The truth is that the franchising model as it stands has got to go.” It was a big sign of confidence in Michael, handing him the task of shadowing a major spending department for the first time. MP for Barnsley East since 2010, the former full-time union official and ministerial adviser has been in the Shadow Cabinet since 2011, first in a cross-departmental coordinating role then as Shadow Minister for the Cabinet Office. He relishes the challenge: “I was
never a romantic about the railways, but I’ve a huge affection for them. I’m determined that we drive through some big changes as I’m convinced we can do better than this. I also think the people who work in the industry deserve better than this.”
‘Privatisation was a disaster’ So what difference would a Labour government make to the railways? “We need some big changes. The government’s view is that all you need is investment – now I’m totally committed to that longterm investment, but I also think you need fundamental structural change because I don’t believe how the railways are organised at the moment is fit for purpose. “Privatisation was a disaster. It’s unraveled and led to huge problems, which have been dealt with in a piecemeal way – like how Railtrack became Network Rail. There aren’t many benefits to being in opposition, but it’s allowed us to step back and take a hard look at things. It’s clear we need big reforms. “I want to see a public sector operator able to take on and challenge the private
Michael Dugher
Rapid action needed With the exception of Thamselink and East Coast, almost all major franchises in England and Wales expire over the next few years. Whoever is transport secretary come May will get to shape the industry for decades to come. First in the current timetable are new franchises for Northern and TransPennine, due to be awarded in October this year. Would those be a good place for a public operator to start? “Well that’s going to be high up in the in-tray of the new Secretary of State – that’s for sure! We’ve been clear the franchising review will happen as soon as we’re elected. I’m keenly aware of the issues surrounding Northern, but I want to do something that delivers real improvements there. I’ve got nothing against Pacers – but that’s as long as I see them in the National Railway Museum in York, not rocking up to Barnsley Interchange.’
Passenger and worker voice Michael Dugher also wants to democratise the way a few bosses of the private firms currently dominate the direction of the whole industry. “If you look at how the railways are run, you have the Rail Delivery Group – basically an industry stitch-up of Network Rail and the private companies. It’s our money and our railways and the only people who have no voice in the running of the railways are the passengers. We’ve said you need a new strategic body to run the railways and that’s got to include a strong passenger voice.”
And a worker voice as well? “I’m open to that. I think there needs to be much more employee and union engagement. Who better to listen to than the people working at the sharp end – people with day-to-day direct experience of what works and what doesn’t. We shouldn’t be coy about using the huge untapped potential for expertise amongst the workforce and unions.”
Rail essential for jobs and growth There’s going to be huge competition within government over where limited funds get spent, so will rail still get the investment it needs to cope with strongly growing demand? “The railways are going to be a fundamental part of the next Labour government’s commitment to infrastructure. It’s essential in terms of driving jobs and growth in every corner of the country. Money will be tight, but there’s still a lot of money for rail and I think it could be spent more wisely. Just look at the money that was wasted on the West Coast fiasco, and on the other hand, at the sums that were returned to the exchequer when the public sector was running the East Coast. I think we can get better value for money, as well as a better railway with the changes we want to see.”
A big choice in May With just a couple of months until the election, Dugher outlines how the outcome will send our rights at work in one of two very different directions: “We’ve got big plans, in terms of getting rid of exploitative zero-hours contracts, doing something about low pay, championing the skills agenda as well as vocational learning. “What you’ve seen under this government has been a consistent denigration of the trade unions. It’s not just that the language ministers’ use is sabre rattling, it’s the threat to create turnout thresholds for industrial action ballots. I’d like to see how many ministers get 40 per cent of their total potential electorate voting for them. It’s total hypocrisy from the Conservatives.” So what changes will a vote for a Labour government bring to TSSA members?
CC BY NC SA Anthony Mckeown
train operating companies. The government wouldn’t even allow Directly Operated Railways, who’d done an excellent job on East Coast, to bid for the contract. Why? Because they were British and owned by the state. They’re happy for foreign nationalised bodies to come and bid. That shows the nonsense of the government’s position. “The truth is that the franchising model as it stands today has got to go. We’ll have a speedy review in the first hundred days after the election to review franchising and get something that is fit for purpose. I want TSSA to play a part in that review as I think you’ve got a lot to offer.”
“I want TSSA to play a part. I think you’ve got a lot to offer.” “We’ll start with tackling the cost-ofliving crisis that’s engulfing most families. This is the first time since the 1920s where people are worse off at the end of a parliament than the beginning. On average, families are £1,600 a year worse off under David Cameron, whilst at the same time millionaires and hedge funds have had a tax cut. “There’s a fundamental unfairness in society – we need an economy that delivers for working people again, whether that’s freezing energy bills, raising the minimum wage, expanding real apprenticeships or the 10p starting rate of tax that will cut taxes for 24 million working people. “TSSA members, like most people, care passionately about the National Health Service and they know the clear and present danger that the Conservatives and Lib Dems pose to our NHS. That’s why our plan to save the health service through funding from a levy on tobacco firms and the mansion tax is something that widely resonates.” There’s huge promise in what Michael says, but he’s also fully aware that these are pledges TSSA will look to hold him to: “Having looked at the union over a number of years, I think TSSA under Manuel’s leadership has become a great campaigning union and long may that continue! We won’t always agree, but there’s a lot of credit due to TSSA in the way that you’ve become a real campaigning force. “If you’re committed to the railways, in my role you can do a lot worse than asking people who work in the industry what they think. That’s not a bad thing for any new transport secretary to do and that’s exactly what I’ll do.”7
TSSA Journal
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general elec tion In just a few weeks the UK goes to the polls in what looks to be the most closely fought election in years. We can stick with the present government, or look to Labour to deliver a very different vision of society. What happens really is down to each and every one of us. What choice will you make?
Election 2015: Changing Britain for the better Whatever the precise details in May, the general election will result in one of two outcomes – a country led by Labour or another five years of the Tories. The Conservatives remain hopeful that with their allies owning most of the press, they can steal a last minute victory and maybe even win an outright majority. The last five years have seen a Tory government with its sharpest corners slightly softened by the Lib Dems. With some anti-Tory voters thinking of backing a range of parties, just think what a re-elected Conservative government would do if they won full control of the Commons. We all have choices to make – firstly, not to stay out of the fight altogether. It’s no surprise that many people feel Westminster politics has nothing to do with their lives, but whenever we’re maddened by unfairness or let down by a public service, the answer is that, collectively, we can actually do something about it. Shockingly, over 15 million people failed to use their vote at the last election – more than the numbers who voted for any single party. There is a real choice at this election, with the parties offering very different
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visions of Britain – now more so than at any time since the 1990s. David Cameron was elected promising “there will be no top down reorganisation of the health service” and telling voters that any minister who proposed “frontline reductions” would have to “go away and think again”. But after five years, we know that billions have been wasted in reorganising the NHS and our frontline services severely cut back. Average household wages have fallen by £1,600 a year whilst Britain’s richest 1 per cent now own as much as the bottom 55 per cent. Surely we deserve better than this?
A Labour Party changed for the better Since Ed Miliband’s election as Labour leader, TSSA and the other Labour-affiliated trade unions have been building towards the most radical Labour election manifesto in a generation. The approach has marked a huge change from the New Labour years. No longer are our calls for policies to help ordinary working people seen through the prism of what Rupert Murdoch would say. For all the media-generated talk of ‘weak’ Miliband, he has stood up to some of the most powerful interests in the
country in a way that no recent party leader has. Taking on the media over phone hacking, the City over tax dodging and the energy companies over obscene profits shows that Labour are a changed party, with a leader who will stand up for ordinary working people. TSSA’s executive committee, leading lay members and full-time officials have all been in regular contact with those developing Labour’s plans for government. These discussions have been meaningful and constructive, resulting in real change, both on the big issues and in the details. We have brought our real-life experiences in the rail and transport sector to bear, for example sharing how TSSA has uncovered shocking practices which need outlawing, or tackled unequal pay by working collaboratively with employers. It’s no coincidence that our industrial expertise has helped shape Labour’s thinking about how our railways can once again be run for the benefit of citizens, not shareholders. The fact that shadow transport secretary Michael Dugher is now happy to declare that “privatisation was a disaster” and says that franchising as we know it has to go, shows just how far we’ve come.
general election Workers in Parliament, not rule by elites TSSA has also been greatly involved in the painstaking work of building towards a group of future Labour MPs who will reflect the concerns of ordinary working men and women. We have worked with and helped support dozens of Labour and trade union activists who have now gone on to be selected to stand for Parliament. We will continue to back them, and all who support our union’s key policies and values, right through to election day and beyond. We can proudly say that there are more trade unionists and more candidates committed to public ownership of our railways running for Labour in winnable seats than at any time in recent decades. We should be proud of the role TSSA has played in helping ensure ordinary working people will have MPs that look, sound, and understand ordinary peoples’ lives – because they have lived those lives, and done those jobs too. We have not been afraid to speak out when Labour falls short, successfully raising our issues and campaigns in the national press. TSSA members can’t afford any more false promises, but the fact that we have campaigned shoulder-to-shoulder with successive Labour shadow transport secretaries on issues like the sell-off of
East Coast has made opposition to privatisation the ‘new normal’ for many in the Labour leadership.
A ‘Manifesto for Change’ TSSA has played a significant role in securing a real ‘Manifesto for Change’ that will deliver for our members and other workers. In contrast the Tories have pledged to clamp down on workplace rights even further, introducing turnout qualifications for industrial action ballots to be valid. Unsurprisingly there are no such restrictions on the new public elections they have introduced, permitting just 10 per cent of voters to pick one recently elected Police and Crime Commissioner who controls a budget of half a billion pounds. Labour have committed to a raft of new measures to bring about workplace fairness. They will reform the employment tribunal system, introducing a system where fees no longer stop people asserting their rights. New legislation will tackle gender inequality by requiring large companies to publish their gender pay gap. Labour will also reinstate protection from third party harassment into the Equality Act to ensure that people are protected from all harassment and bullying at work,
whether by their employer or others, such as passengers. Electing a Labour government would also mean every firm that gets a major government contract would have to offer high-quality apprenticeships, building a higher-skill, higher wage economy. Labour will ban exploitative zero hours contracts which keep employees guessing from day to day whether they will have work or not. An enquiry would be launched into the blacklisting of people for their union activities and there would be proper recompense for people who have contracted asbestos-related diseases as a result of their work. Only one of two parties can lead a government come May – Labour or the Conservatives. A Labour victory is far from a forgone conclusion, so looking to some smaller party to ‘improve’ a Labour-led government may have the result of their being no Labour government at all. A radical, reforming Labour government will shape Britain’s direction for many years to come. But this will only come about if each of us, our friends, families and colleagues get out there and play our part by voting for it. 7
i
For more on Labour’s ‘Manifesto for Change’ see www.unionstogether.org.uk/change
Top ten Labour policies 1) Freeze energy bills until 2017 whilst reforming the broken gas and electricity markets. 2) A 10p starting rate of tax that will cut taxes for 24 million workers. Reverse the Tories’ tax cut for millionaires. 3) A Mansion Tax on homes over £2m to help train 20,000 more nurses, 8,000 more GPs and 5,000 new home-care workers. 4) Repeal the unfair Bedroom Tax. Help people get on to the housing ladder by building 200,000 homes a year by 2020. 5) Scrap rail franchising, bring in a public operator to run lines. 6) 25 hours free childcare a week for three and four year olds, helping parents get back to work. 7) Stop the creeping privatisation of the NHS by repealing the Tories’ Health and Social Care Act. 8) Boost wages by offering tax breaks to firms who pay the living wage. Increase the minimum wage to £8 an hour. 9) Guarantee apprenticeship place for every able school leaver by 2020. 33,000 apprenticeships to be delivered by HS2 construction. 10) Guarantee a GPs appointment within 48 hours by reversing the Tory decision to cut funding to practices.
TSSA Journal
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legal help
Introducing TSSA Legal Services
£1 million
awarded to 510 members due to personal injury in the last four years
Having already recovered £35.5 million for members over the last decade, TSSA’s partnership with Morrish is now expanding to offer you an even broader range of legal services. As well as our established unionfunded work in employment law and personal injury, we are now working together to offer private legal assistance, supporting you in many areas of life. TSSA Legal Services, in partnership with Morrish Solicitors, can now help with conveyancing, family and matrimonial law, wills, probate and services related to elderly clients such as power of attorney or determining care costs. TSSA Legal Services is a newly expanded collaboration between your union and Morrish Solicitors LLP. As TSSA is now a full partner in Morrish’s business, not only can you use these services knowing you are using a highly experienced and trusted firm, but that a proportion of the fees payable on your private legal case will help contribute towards funding TSSA’s wider work in defence of your rights. TSSA members
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will also receive a 10 per cent discount on the standard fees for all conveyancing, family and matrimonial law work and reduced rates in other areas. To find out more about how TSSA Legal Services can help you, call 033 3344 9600 or visit www.morrishsolicitors.com/tssa.
Injury claims – the benefits of being a TSSA member Claims Management companies continue to advertise on TV offering ‘no win, no fee’ help, but sadly the days are gone where ‘no win, no fee’ also means ‘no fee to pay if you win’. If you sustained injuries in an accident and you were awarded £10,000 compensation, how much of that compensation would you expect to receive? £10,000? Or would £6,000 be enough? The government recently introduced changes to the way that personal injury claims can be funded. If your claim is successful, the losing defendant no longer has to pay all your legal costs, but only a contribution towards them.
£1.5 million
awarded to 189 members in respect of employment rights in just the last year
As a result of this change most solicitors who deal with personal injury cases now fund these claims by keeping up to 40 per cent of your compensation. This is a perfectly legitimate way to cover the shortfall in costs, but may not be what you would hope would happen. This is not the case if you are a member of TSSA and you pursue your case through your union legal firm, Morrish Solicitors LLP. Morrish will not deduct a penny from your compensation if your claim is successful. In other words, a compensation award of £10,000 really does mean £10,000. It goes without saying that Morrish will provide an efficient, friendly service, too – they have been TSSA’s preferred providers for over ten years, helping a large number of members. So, before you chose your solicitor ask yourself the question – how much of your compensation do you want to receive, 100 per cent or 60 per cent? Why share the compensation awarded to you when your union membership entitles you to so much more.
legal help
A TSSA MEMBER who was injured in a road traffic accident has been awarded £62,500 compensation with the help of Morrish Solicitors. The member, from South Yorkshire, was cycling home from work in 2008, when he was involved in an accident with an HGV, causing him to be knocked into the road. Emergency services were called and the member taken to the hospital where he underwent treatment for shock and soft tissue injuries to his head, neck, right shoulder, back and right hand. Investigations proved that the defendant, who was travelling in the opposite direction, was making a right turn across the member’s path. The driver claimed that he did not see our member until it was too late. There was a failure of basic road safety on the defendant’s behalf, as he did not observe the presence, position and direction of the member. An initial 50/50 offer on liability was put forward by the defendant’s insurers, which was rejected. They eventually admitted liability in full. Along with the soft tissue damage, the member later developed tinnitus, headaches and suffered psychological injury, which required extensive counselling. This resulted in the member having to take weeks off of work and requiring care and assistance which was provided by members of his family.
CC BY NC ND nigel@hornchurch
TSSA member injured in road traffic accident awarded £62,500 compensation
A TSSA member who was injured in a road traffic accident has been awarded £62,500 compensation with the help of Morrish Solicitors.
Morrish Solicitors initially obtained medical evidence from a consultant in Accident and Emergency Medicine and consultant neurologist who confirmed that the member’s physical injuries and symptoms were as a result of the accident. A consultant psychologist was later instructed, who confirmed that he was suffering from Post Traumatic Stress Disorder and would require ongoing treatment. Court proceedings were issued as the defendant was not prepared to fund the cost of the member’s ongoing medical treatment, even though liability for the accident was admitted. An initial settlement offer was put
forward for £16,000, followed by a further offer of £27,500 weeks later. This was finally increased at a joint settlement meeting to a full and final settlement of £62,500. This was inclusive of the member’s financial losses suffered as a result of the accident and the claim for injury. The TSSA member said, “The individual solicitors worked extremely hard and in a most professional way giving me outstanding guidance and support, which helped me through this most traumatic time in my life. I need to thank them very much. Please accept my sincerest thanks and wholehearted appreciation for all of their hard work throughout my claim for compensation.”7
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. If you’d like to find out more, call us today and we will look after you. ACCIDENTS AT WORK
ACCIDENTS OUTSIDE WORK
ASSAULTS
TSSA Personal Injury Services Free to Members & their families
0800 093 0353
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SLIPS OR TRIPS
OCCUPATIONAL DISEASE
TSSA Journal
19
WWI Much has been written recently about the First World War – its causes, devastating death toll and its long-lasting impacts. This article describes the role played by members of the forerunner of TSSA – the Railway Clerks’ Association – during that horrific period. Abridged from a much more comprehensive history of our union in the war, written by our historian, Malcolm Wallace, this article looks at the huge change the war brought to our union, its members and the railways. n For the full version of this article, please visit www.tssa.org.uk/1914
World War One: Our story The war begins The working class movements of Europe had been aware of the danger of war in Europe for some years before 1914, holding international peace conferences. In country after country, labour movements declared how their unity would not be broken by a war between the rulings classes of their states, which was not a dispute between workers. Yet this unity was quick to dissolve. Within months of the outbreak of the war, the leaderships of many socialist and labour movements committed to fight until victory was achieved. This, too, was the position of the Railway Clerks’ Association (RCA). The Labour Party gave immediate support to the government’s declaration of war and its General Secretary, J Ramsay MacDonald, who opposed the war, resigned. In 1915 a coalition government was established and a political truce was agreed between the Conservative, Labour and Liberal parties. The Independent Labour Party (ILP) opposed both the war and the political truce, whilst the British Socialist Party was divided. The Irish Parliament supported the war and Nationalist MPs took part in recruitment campaigns; Sinn
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Féin chose neutrality. Both James Larkin and James Connolly opposed the war as did most Irish-based trade unions. Within days of the declaration of war, the general secretary of the RCA, Alexander Walkden was meeting with Ministers and writing to the railway companies for assurances that members who volunteered for the armed forces would be reinstated upon their return.
Members enlist In the first week of the war, Alexander Walkden was elected to help lead the national recruitment campaign of the hastily established War Emergency Workers’ National Committee. On 29 August 1914 he sent a circular to all RCA branches appealing for recruits. This had a positive effect and by October 1914, over 1,500 RCA members had joined up. One of these was Jack Simpson who enlisted as a clerk in the Army Service Corps. Following a few weeks training, he was sent to France where he was killed on 5 November – the first of many RCA members to lose their lives in the “war to end all wars”. Within the first two weeks of the war over 27,000 railway workers had either been called up or had volunteered. So
popular was the recruitment campaign that the government-established Railway Executive Committee (REC) became concerned about the efficiency of the railway system. By 1915 over 72,000 railwaymen had volunteered, and the demand for additional recruits was such that the mass employment of women on railway work now became a serious option. The Association also had some sympathy for those who objected to compulsory military service on grounds of deep moral conviction. William Stott, who became general secretary of the RCA in 1936, wrote in the Association’s journal, The Railway Clerk, “Many of those conscientious objectors are among the best workers in the Labour and Trade Union Movement, and some are in the RCA.” One of these was Jim Haworth, who became president of the Association in 1953. Haworth suffered considerable hardship for his convictions and spent three years, including his 21st birthday, in prison. During the war the RCA, through its branches, endeavoured to maintain contact with members on active service, and many appreciated receiving copies of The Railway Clerk. The EC agreed that
WWI
State control of the railways Since 1896 the TUC had repeatedly called for the railways to be nationalised. Before the war, the Railway Nationalisation Society, led by our then general secretary brought together a broad alliance in support of this goal. In 1914, Walkden presented the TUC’s case to the Prime Minister Herbert Asquith, who merely reiterated the government’s decision to appoint a Royal Commission to examine the issue. Whatever may have been the outcome of that had the war not intervened, the importance of the railway was evident when at midnight on the day war was declared, the government placed the railway companies under state control. This was to continue until 1921, but in practice, there was little or no interference in the internal administration of the railways. The RCA wanted more than state control and at the 1916 TUC, Walkden
called on the government to nationalise the system and for trade unionists to share in its management.
Recognition Through the early years of the war, the RCA had made repeated representations to the REC to little effect. Signs of change came in 1917 when the government, concerned at growing industrial unrest, appointed a Commission to investigate. Despite a favourable report, the government refused to act. Under growing pressure, the employers agreed to limited recognition of the Association, excluding supervisory grades. The EC refused to accept this, but the companies did all they could to undermine the Association’s membership amongst stationmasters and supervisors, establishing and facilitating rival bodies. By 1919 anger was rising. A rally of RCA members in London was joined by over 4,000, with an overflow meeting nearby. Even then, hundreds had to be refused entry. By the time 430 delegates assembled in February 1919, there was little doubt in the minds of the EC that they had strong backing for strike action. A strike was set for 18.00 hours on 4 February 1919. Committees were formed to coordinate activity, and although many were nervous of the decision to strike, with some calling for a ballot of the membership, when the time came the overwhelming majority were clearly willing to respond. Three hours before the strike was due to commence, the RCA was invited to meet representatives of the War Cabinet. At that meeting an agreement was reached granting full recognition to the Association, subject to arrangements being made for ensuring the autonomy of supervisory members which the government considered necessary to preserve “discipline and safety.”
Dingwall Museum
John Meikle and the memorial erected by his railway comrades.
Dingwall Museum
those who were serving in the forces would be exempt from paying membership fees, but when two women who were serving with the Women’s Army Auxiliary Corps applied for the same conditions in 1917, exemption was denied, as they had resigned just prior to joining the services. Eventually it was agreed that they, too, would have the same terms of membership as men. Even though the RCA was a staunch supporter of the recruitment campaign, like many other trade unions it had a deep aversion to conscription; when the Military Service Bill was discussed in Parliament the RCA indicated its opposition. Many feared it would be extended to industry and used to crush trade unionism. Nowhere was the introduction of conscription opposed more vehemently than in Ireland where a General Strike was called, with a leading RCA member, W B McMahon, chairman of the committee of rail workers. Two other members of the RCA prominent in its work were William Davin and Eamonn O’Carroll, both of whom were later elected to the Irish Parliament. This was the first strike in which a significant number of RCA members had participated and the end result was that Ireland remained the only unconscripted country in Europe.
For the first time in its history, the Railway Clerks’ Association had formally signed an agreement with the employers. Recognition had been achieved! After achieving victory, Walkden sent a telegram to every branch appraising them of the agreement. Most received the information before 18.00 hours but some branches in the North-East of England, Scotland and Ireland failed to hear in time and came out on strike as soon as the deadline was reached.
The cost of war The cost of the war to the nation was enormous. Every city, town and village was affected. The scale of slaughter on the battlefield was horrific. Altogether 184,475 railway workers joined the forces. A total of 88,000 railway clerks were on active service, including 16,826 members of the RCA. Of the 21,522 railway workers who lost their lives, at least 1,457 were members of the Association. No fewer than 5,296 railway workers received medals for courageous conduct; six were awarded the Victoria Cross, two of whom were members of the RCA. These were Lance Corporal J A Christie, aged 22, who had previously worked in the parcels office at Euston and was a member of the East London Branch, and Lance Corporal Charles Graham Robertson. 7 In memory of all railway workers who gave their lives during the war monuments were erected in stations throughout the length and breadth of the system. The first to be unveiled was at Nitshill Station, Scotland; this was erected by railway comrades in memory of Sergeant John Meikle VC and Military Medallist, a former clerk who enlisted in the Seaforth Highlanders on 8 February 1915 and was killed in action on 20 July, 1918. They will never be forgotten.
TSSA Journal
21
Greec e
© Socrates Baltagiannis/Invision/reportdigital.co.uk
Our general secretary Manuel Cortes, who is also the president of the Greece Solidarity Campaign, reports on the election of the anti-austerity government lead by Syriza.
Alexis Tsipras, leader of Syriza, whose election will have an impact well beyond the borders of Greece.
Greece: Standing up to austerity I WAS RECENTLY in Athens during the Greek election. This was a very calm affair and a far cry from some of my earlier visits when mass confrontations and strikes were the order of the day as inhumane austerity measures rained on its people. Then, there was anger and desperation in equal measure. This time round, the air was filled with optimism and hope was palpable. Let’s face it, Greek voters produced the biggest political earthquake in the history of the European Union. Hope most definitely trumped fear. Gone are the barricades that police erected around Athens to protect politicians from their people. Greeks now demonstrate in support of their government.
60 per cent of the young are unemployed and 27 per cent of people no longer have access to healthcare Europe’s elite are reeling and growing increasing fearful of a domino effect. Uppermost in their minds is the torturous question of whether Spain could be next as a general election looms there. If they are looking for a culprit, they need look no further than themselves. What happened in Greece was manufactured by the political and financial elites of Europe. A humanitarian and social crisis was unleashed. To quote Naomi Klein, the
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March 2015
‘shock doctrine’ was inflicted on Greek society. That is why Greeks at first valiantly resisted and then voted for change. The numbers are sadly startlingly: GDP has shrunk by 25 per cent since mid2008, 26 per cent are unemployed rising to over 60 per cent among the young, more than 23 per cent of Greeks are ‘officially’ living in poverty although the real number is far higher with 27 per cent no longer having access to healthcare. Yet, far from reducing the debt, austerity has made it skyrocket from around 120 per cent of GDP to almost 175 per cent by the end of 2014. Just like in the UK and elsewhere in Europe, ordinary people are sick to their back teeth of paying for a crisis that wasn’t of their making. That is why the new Greek government’s call for an end to austerity chimes incredibly strongly way, way beyond its shores. There is a growing global consensus that irrespective of what additional sufferings are imposed on its people, the sums involved mean that Greece would never fully be able to repay this debt. That is why ordinary people placed their hopes on the change of economic direction that Syriza offered. Make no mistake, what’s happening in Greece has global repercussions as the future of the ideology which gave birth to austerity is on trial. That is why I am very proud to have joined with people from across the world – representing antiausterity protesters, trade unions and
The future of the ideology which gave birth to austerity is on trial progressive political parties – in support of Syriza. Our ruling elites are incredibly fearful that the neoliberal ‘economic consensus’, which has allowed the 1 per cent to prosper at our expense, may be about to fracture. The gauntlet has been thrown down. European social democratic and socialist parties face a stark choice; risk being pulverised or move on from failed neoliberalism. Labour ought to take note. The Syriza government carries the hopes and aspirations of the global 99 per cent – we must offer our full solidarity and support! 7
The Greece Solidarity Campaign is an independent non-party political campaign, established in response to an appeal by Tony Benn in 2012 for solidarity with the Greek resistance to austerity. To find our more or to get involved see www.greecesolidarity.org.
get involved
TSSA’S ANNUAL CONFERENCE is the supreme governing body of the union, held every year, in May or June. This year, Conference will be held in Eastbourne from Saturday 16 to Monday 18 May. Every branch is entitled to send at least one delegate to Conference and to submit two motions and amendments for debate. TSSA’s policies are determined by Annual Conference, and are binding on all members and officials. Annual Conference provides a firm democratic framework for the Association, and all members can participate in this democracy through their branch. You’ll be able to keep up to date with the happenings at conference using the regularly updated blog, linked to from www.tssa.org.uk /conference. 7
Upcoming TSSA elections MEMBERS WILL SHORTLY have the chance to determine who will serve as TSSA president and treasurer for the next two years as well as getting to elect Executive Committee members to represent three of TSSA’s geographical divisions: Anglia and London North East, the Midlands and Wales and Western. Nominations for all positions close on 28 February, just after the TSSA Journal goes to print. If multiple candidates have been validly nominated an election process will commence and all appropriate members written to. Updates in relation to this will be posted to www.tssa.org.uk/elections. TSSA conference delegates will also elect three delegates to the TUC Congress, the same number to Labour Party conference and Labour’s women’s conference, four to the Women’s TUC. Six delegates to TUC Black Workers’ conference were elected unopposed
whilst nominations have been re-opened for TUC Disabled Workers’, LGBT and Young Workers’ conferences. Six members are standing for the four places on TSSA’s standing orders committee whilst two election scrutineers have been elected unopposed. Full details of all nominations can be seen in the final pages of the preliminary conference agenda at www.tssa.org.uk /conference. 7
CC BY SA Resizia
TSSA Conference 2015
Member up for National Diversity Award A TSSA REP has been nominated for the National Diversity Awards 2015 – a prestigious black tie event which celebrates the excellence achievements of grass-root communities that tackle issues in today’s society. Member David Brady is up for the ‘Positive Role Model Award – Disability’. You can help by voting for him at http://bit.ly/votedbrady. David writes: “I’m a union learning representative for the TSSA Union, where I am also a neurodiversity champion and an accredited HDQ screener (for hidden disabilities). I have screened a lot of people at my work and have helped to set in place the adjustments they need to make their time at work possible. I have
also done a presentation to the Executive Team to try and get them further on board to allow us to become a full neurodiverse company. “I won The Outstanding Achievement Award 2013 from The British Dyslexia Association.
MyTSSA Personalised news and information Manage your membership
“I work as a Revenue Protection Inspector on the railway where I have been for over ten years! “At the age of 17 I found out I had dyslexia, which I haven't let hold me back. I have developed coping strategies to enable me to live a happy and productive life. Behind me I have a very supportive wife, step-son and daughter who enable me to give my time to help and support my union members and fellow employees with the struggles neurodiverse conditions can cause within the working environment.” 7
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Please support our member by voting at http://bit.ly/votedbrady.
Are all your membership details up to date? Log on at www.tssa.org.uk/myTSSA and click ‘My Membership’
TSSA Journal
23
anti-rac ism
© Jess Hurd/reportdigital.co.uk
Show our unity and join the demonstration against those who seek to divide our communities with racist hatred, says Stand Up to Racism’s Dennis Fernando.
Stand Up to Racism and Fascism THE HORRIFIC ATTACKS in Copenhagen, Chapel Hill and Paris underline how it is absolutely essential to unite our communities against all hatred, Islamophobia, anti-Semitism, racism and fascism. Unity is not only the cornerstone of the anti-racist and trade union movements, but the most effective way to defeat the narrative of terrorism, and to prevent scapegoating and reprisals against any community. This was the effective response of London after the 7 July bombings and of the Norwegian government after the murderous fascist attacks of Anders Breivik. The importance of unity at these times could not be more apparent; in the days after the shootings in Paris, UKIP
m Stand up to racis and fascism Day: UN Anti-Racism a, sm, Islamophobi unite against raci ism d fasc anti-Semitism an
2015 Saturday 21 March sed by organi March and rally sm Stand Up To Raci
at the BBC, ndon W1A 1AA Portland Place, Lo rcus) followed by (tube: Oxford Ci ar Square a rally in Trafalg acism.org.uk www.standuptor acism.org.uk info@standuptor @antiracismday
Assemble 12 noon
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March 2015
attempted to blame immigration, diversity ‘'fifth column’ for the attacks. #KillAllMuslims trended worldwide on Twitter without an international outcry and the media and some politicians perpetuated the idea that the Muslim community in general was to blame. The flip side of this was that the shooting of three young Muslim people in Chapel Hill, North Carolina, received nothing like the wall-to-wall coverage that the horrific attacks in Europe quite rightly received. Inevitably, the beneficiaries of this hostile climate are groups like France’s Front National, the racist Hungarian party Jobbik and fascist groups that exploit division and whip up hatred against the Muslim, Jewish, Roma, Migrant and LGBT communities. However, there is an effective response. Unions are a key component of the fight against racism and fascism because they celebrate the diversity of society that is reflected in the modern workforce. People of all ethnicities, of all faiths and none, of whatever gender or sexual orientation, find equality and empowerment in the union movement. Trade unionists have historically led the campaigns to challenge the far right, and challenge racism in all its forms. Last year, 10,000 people joined the ‘Stand Up to Racism and Fascism’ demonstration on UN Anti-Racism Day. This date commemorates the anniversary of the Sharpeville Massacre, when police in apartheid South Africa murdered 69 unarmed protesters. Last year’s demonstration was a powerful and vibrant
display of unity from across many communities, mixing Roma and Bulgarian flags with trade union banners and samba bands. Demonstrations took place across Europe in response to a call from Athens for a response to the violent fascists of Golden Dawn. This year, cities across the world will be joining in, with renowned civil rights leader Rev. Al Sharpton pledging to call a demonstration in the US as part of the campaign to oppose the racist policing faced by black communities. Now, in the middle of an election campaign dominated by scapegoating and a dangerous rise in Islamophobia and antiSemitism, a broad display of unity against racism is needed more than ever. On Saturday 21 March, this year’s UN Anti-Racism Day demonstration called by Stand up to Racism is our best opportunity to send the message that our diverse society is to be celebrated, that there is no place for Islamophobia, Anti-Semitism, racism or fascism and that immigrants are not to blame for the country’s economic problems or low wages. 7
No vote, no voice Are you sure you’re registered to vote? Changes to the voter registration system mean that over a million people will be denied access to what should be their ballot paper. Make sure you’re not one of them, especially if you have moved home recently. Register at www.gov.uk/register-to-vote