TSSA Journal - November 2013

November 2013

INSIDE

n Labour Conference backs public ownership n Northern England to get rail powers?

n Better London Transport campaign launched

Attacks on staff: Change the law now

in this issue

4–9 News and campaigns u TSSA’s future 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: Wild Strawberry Communications www.wildstrawberry.uk.com Cover photograph Duncan Phillips / reportdigital.co.uk 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 109/issue 1231

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u East Coast campaign

u Better London Transport u ‘Empower’ conference

u Stop violence against workers u Community learning

10 General secretary: Beyond cynicism – our campaigning wins

11 President: Standing up for our ticket offices 12–13 Labour Party conference delivers big win 14 TUC Congress – for jobs, growth and fair pay 15 Fighting for fair conditions at sea 16–17 Christian Wolmar: Fares fair?

18–19 Paul Salveson: Look North!

editorial 20 Arrivals and departures 21 Financial statement to members 22–23 Advice: Morrish solicitors and Helpdesk 24 Letters David Cation

David Cation’s ‘Caught in a Web of Iron’ was the winner of the Network Railsponsored Lines in the Landscape Award at this year’s Take a View Landscape Photographer of the Year competition.

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Andrew Wiard

As part of our ‘Save our Ticket Offices’ campaign, members of TSSA and our sister rail unions protest outside Oxford Circus underground station.

Welcome to the November edition of the TSSA Journal.

We’ve an edition packed with the latest news, campaigns, comment and advice.

One of the worst aspects of many public-facing jobs in our industries, from travel agencies to rail platforms, is the threat of abuse or violence from the public.

Spanning everything from low-level abuse right through to robbery at gunpoint, as experienced by our President (p11), we need not only supportive employers but a legal framework to deter and punish offenders.

That’s why it’s so worthwhile taking the action on page 8 to support the creation of a specific offence to combat attacks on workers.

In more positive news, Labour Party conference overwhelmingly backed our motion calling for the next Labour government to bring franchises back into public ownership as they expire (p12-13).

There’s still the major struggle to convince would-be ministers to catch up with the strong feelings of Labour members and the public at large, but it’s a powerful marker which TSSA have set down.

A couple of weeks before, at the TUC (p1415), Labour’s then shadow transport secretary Maria Eagle said, “I’ve got to persuade one or two people in the Labour Party – I’ve persuaded a lot – but one or two more, that [public ownership] is the way to go.” Sadly, Maria was subsequently given new responsibilities in Labour’s reshuffle, but it shows what our work at all levels, from local campaigning to top-level meetings, can achieve. Her replacement, Mary Creagh, was already involved in our campaign to Keep East Coast Public from before her appointment and we’ll be working closely with her in the weeks ahead.

There’s many ways to get involved in the coming months, starting on 5 November – 20 years on from the granting of Royal Assent to the Railways Act 1993, which started the privatisation of British Rail. There will be local actions across Britain – so do check www.tssa.org.uk for all the details.

Ben Soffa, editor

TSSA Journal

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news

TSSA - Unite talks come to an end IT WAS ANNOUNCED in September that the talks exploring the possibility of a merger with Unite would “not be proceeding any further at this stage”. Discussions had not managed to reach an agreement whereby TSSA’s significant resources could be targeted on boosting organisation and growth within the transport section of the proposed merged structure – a condition set by conference.

TSSA general secretary Manuel Cortes said that whilst the outcome was regrettable, he had subsequently met with Unite’s

general secretary and agreed to explore ways by which cooperation and a sharing of resources short of a merger could deliver a better deal for members of both unions Whilst a merger was and remains the preferred medium-term goal, the Association continues to have a significant asset-base and income to support its work. However, as TSSA’s historical investment assets have been gradually declining over the years, changes would be required to bring expenditure levels closer to the Association’s income. TSSA’s Executive Committee has now launched a root and branch review to boost income from all sources – investments, membership income and property rental – as well as look at priorities amongst what will be a reduced level of spending.

Working parties have been formed to help target spending in the way that best serves the interests of members, with efficiencies and new ways of working sought to boost activity whilst reducing TSSA’s deficit.

Manuel Cortes told the Journal, “We’re committed to taking every step that strengthens the bargaining power of our members and rejecting options which aren’t a good deal for all those paying their subs.”

“Given the reducing head-count in our industries, a merger will still possibly provide the best medium-term solution, but we’ll now be working to deliver a more focused, if leaner, union in the short term. There will be changes ahead, but both myself and our Executive are totally committed to delivering a structure which delivers the best possible deal for members.”7

All change at Westminster BOTH GOVERNMENT AND opposition transport teams saw big changes in October, with many new faces setting policy on the railways. The Coalition’s rail minister Simon Burns resigned, with most of his job going to Stephen Hammond. However other elements of rail policy have now been carved up between two further ministers: HS2 Phase 1 goes to Robert Goodwill whilst former TfL board member Baroness Susan Kramer will be leading on HS2 Phase 2. The Lib Dem Baroness also has control of ‘rail funding and futures’.

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On the Labour benches it was an even bigger change, with shadow secretary of state for transport Maria Eagle swapping briefs with former environment spokesperson Mary Creagh.

Maria leaves big shoes to fill, having developed an encyclopedic knowledge of the area and an array of distinctively ‘Labour’ policies.

As MP for Wakefield, Mary Creagh has already been involved in our Keep East Coast Public campaign, most of the arguments of which are valid for all franchises.

Whilst Labour has yet to

establish a position on rail ownership, it is hoped that much of the very positive work completed under Maria Eagle will be retained. Sources suggest that differing views amongst senior Labour figures prevented a policy from being agreed, meaning pressure is still very much required in favour of a gradual return to public control as franchises expire.

TSSA’s former general secretary, Richard, now Lord Rosser, remains one of Labour’s shadow transport ministers in the House of Lords.7

Labour’s new shadow transport secretary Mary Creagh

The campaign to Keep East Coast Public continued apace throughout October, with TSSA at the heart of ramping up the pressure on the government not to re-franchise the successful route.

Michelle Doust / TUC

news

Keep East Coast public: taking the message to Parliament THANKS TO THE great efforts of members and supporters, TSSA, together with our fellow rail unions in Action for Rail, the anti-privatisation campaign We Own It, 38 Degrees and others, delivered a 25,000 strong petition to the Department for Transport in late October.

Manuel Cortes joined Labour’s shadow rail minister Lilian Greenwood, and Green MP Caroline Lucas and others to present the petition to the government on behalf of its signatories. The hand-in and the follow-up media coverage help build our campaign to make public opposition to the government’s East Coast plan impossible to ignore.

Peterborough public meeting says ‘keep East Coast where it belongs!’

Mary Creagh, Labour’s newly-appointed shadow transport secretary, made Peterborough one of her first ports of call in her new role. Just eight days after being given the role by Ed Miliband, she addressed a public meeting organised by TSSA and supported by the local Labour Party and others. Mary spoke of her ongoing commitment to the campaign to keep East Coast public, and pointed out the considerable benefits to the taxpayer that East Coast has delivered since it was brought ‘in-house’ in 2009.

“For us, it’s a no-brainer. East Coast is

working well as part of Directly Operated Rail, and is delivering for the taxpayer and the passenger. There is no case for privatising it.”

Speaking alongside Mary were Lisa Forbes, Labour’s candidate for Peterborough as well as TSSA’s assistant general secretary John Page. The evening brought together TSSA members, commuters, trade unionists and representatives of the local pensioners’ group to discuss how to make an

effective contribution to the campaign.

Ideas were also fed-in as to how public transport in Peterborough could be improved more generally. Coming out of the evening, a number of local actions have been agreed. 7

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More public meetings, planning sessions, media stunts and training events are taking place along the East Coast line in coming months. To find out how you can be involved, visit www.tssa.org.uk/eastcoast.

Three reasons why East Coast should stay in public hands

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Profits to the taxpayer

Since 2009, East Coast has returned more than £850 million to the taxpayer, more than any other franchise. This money can be directly reinvested into improving the service. If controlled by a private company, these profits would have gone into shareholders’ pockets.

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The privatised service would be worse

Contrary to government smears, East Coast more than holds its own against other franchises on punctuality and reliability. Leaked bid documents have highlighted the threat that under a new private operator, East Coast would introduce a ‘third class’ ticket to make more money out of already hard-up passengers.

3

The public opposes any sell-off

Recent research indicates that just one in five Britons wants to see East Coast given away to a private company. Among Conservative voters, 48 per cent oppose privatisation of the route and only 28 per cent support it.

TSSA Journal

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news

ON THE DAY that the annual fare rises for both mainline and tube tickets were announced, TSSA launched the Better London Transport (BLT) campaign in conjunction with our community allies.

The launch event posed the question, ‘What would make London transport better?’ Keynote speaker, Sadiq Khan MP, shadow minister for London and shadow justice secretary, spoke about his support for an affordable, publicly-owned transport system in London, and pledged to support our campaign. Zara Todd from accessibility campaigners Transport for All called for a step change in provision for older and disabled passengers – a call echoed by many contributors from the floor who spoke of the difficulties faced by disabled transport users across the capital.

BLT is a joint campaign that brings together TSSA members, transport users and activists to challenge all those who are damaging our transport system, and to develop a common vision for a quality public service for all. By working together we can bring greater influence to bear upon the decision makers than if any one of our organisation were working alone.

This government’s policies will make the transport network worse; worse for passengers, worse for business and worse for our members and all transport workers. Already we have seen the London

Andrew Wiard

TSSA launches Better London Transport

As part of Action for Rail’s joint union campaigning against the Mayor’s ticket office plans, TSSA led a demo outside Oxford Circus station which portrayed the Mayor as Pinocchio.

Manuel Cortes told the press, “He was elected in 2008 promising to keep every ticket office open and we all know how that is going to end – he wants to shut the lot.”

Mayor Boris Johnson’s plans to slash tube and train jobs and close all 268 tube stations across London. Left unchecked this will only get worse. See the box for the actions you can take.

More than 20 community organisations have already become involved in the Better London Transport campaign and we’re building links with many more. TSSA members and activists can join the campaign, and can play a vital role by getting your colleagues and

friends to support BLT. If you belong to a community or political group, you can help spread the word and encourage them to get involved. To sign up to the campaign or tell us your vision for a Better London Transport go to: www.tssa.org.uk/blt.7

Save Our Ticket Offices Boris Johnson has planned the closure of all ticket offices across the network and a massive reduction in customer-facing staff.

Leaked plans also suggest decimating the safety-focused supervisor grades, leaving only the biggest 35 stations with a full-time supervisor.

Use TSSA’s easy online tool to send a quick email to your MP and London Assembly members in support of our campaign to Save Our Ticket Offices. Take action at www.tssa.org.uk/ticketoffices.

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

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

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

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

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

news

‘Empower’ event boosts activism ON SATURDAY 12 October TSSA members from across four southern regions came together to talk about what we can do to change the world (well… at least to make a start).

The day looked at how TSSA is moving from a ‘service provider’ model of trade unionism to a ‘social movement’ model and how each of us as members can make a difference, even if only in a small way at first.

The first session looked at how trade unions and communities can work together. Professor Jane Holgate, a lecturer in industrial relations who has studied community/trade union coalitions in three continents gave several key messages: l The most effective coalitions are made up of people who do not agree on everything. If you only worked with those who already agree with you on everything, you would have a very small pool of potential partners. Therefore it is important to be clear about what you’re trying to achieve through the coalition, which shouldn’t be everything you’d ever wish for. l Most informal community organisations find the trade union culture quite odd, for example how arguing over ‘matters arising from the minutes’ can almost become a ritual.

Community partners are more interested in ‘what we are going to do’ than arguments about amending motions. We need to recognise these differences to ensure we are inclusive.

Southeastern Metro branch member Josey Grimshaw said, “The empowerment day really helped me pick up and polish some of my knowledge. For me, both the political session on the inefficiency of austerity and also the negotiation workshop, where we got to hone our skills as industrial relations reps were really useful.”

A number of break-out sessions helped members develop their knowledge and skills in particular areas, including: l Making the case against the austerity agenda – how the lack of investment in the productive economy is holding back the recovery. l Our campaigns against refranchising, especially on c2c and East Coast. l Focusing on marginal parliamentary seats to help elect TSSA-friendly MPs. l Negotiating. What it is and how to do it successfully. The wide-ranging session even included a role play from ‘The Rise and Fall of Reginald Perrin’ as well as guidance on key negotiating tactics. l ‘Creating a sense of the union within the workplace’ and ‘What role can you play?’ were two sessions where local TSSA reps shared their experiences with

colleagues about how to take the union forward. l A session on delivering on equalities included participation from a number of experts who are working with TSSA to explore the whole equalities agenda within the rail industry as a whole.

The second plenary saw Professor John Kelly discuss ‘mobilisation theory’ – in other words, working out why sometimes most people just accept things that make them angry and other times they organise to challenge them. Key answers included ‘finding who to blame’, which allows pressure to be built to hold someone responsible and then to negotiate with them. Giving people hope that change is achievable was another key driver for building participation in any campaign.

Josey adds, “In the final session we worked in groups organised by area and agreed some constructive ‘next steps’. As a result we have committed to strengthening our branch and drawing it together to be even more effective at meeting all of our needs – both for us individual members and as a whole. It was a really productive end to a great day.” 7

TSSA Journal

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news

LABOUR HAS GIVEN its backing to a campaign to reduce violent incidents, threats and abuse targeted at public-facing workers. A new criminal offence is being proposed which would carry a maximum sentence of 12 months imprisonment or a £10,000 fine and which could be tried alongside a charge of assault or threatening behaviour.

Emergency workers such as police, paramedics and fire fighters, already receive extra protection under the law and evidence suggests this has helped reduce the number of attacks against them.

However in October the government blocked a Labour amendment to the Anti-Social Behaviour, Crime and Policing Bill which would have introduced the new offence of assaulting a worker serving the public.

Only one Conservative or Liberal Democrat MP voted for the move, whilst 288 voted against. Hard-right Conservative MP David T C Davies was the one exception.

He told MPs that his service as a special constable with the British Transport police had shown him the law was needed, saying, “I meet many rail staff who are the victims of daily verbal and physical abuse”. Sadly, none of his colleagues agreed.

MPs will get a chance to reconsider after Labour MP Graeme Morrice introduced a standalone Protection of Workers Bill, which was laid before Parliament last month.

The Bill is scheduled to get its second reading on 1 February next year with supporters asked to lobby their MPs ahead of the vote.

MPs can signal their support by signing Early Day Motion (EDM) 574 which calls on the Government to back the Protection of Workers Bill.

The EDM, which is like a parliamentary petition, has already been signed by 89 MPs. At the moment, under sentencing guidelines, assaulting a worker can be taken as an aggravating factor which can push towards a harsher sentence, but there

All members under 35 are invited to join the AGM of FutureTSSA which will be held over the weekend of 29 November to 1 December in TSSA’s York offices.

To find out more or to register, contact Gary Kilroy on garykilroy@gmail.com.

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Duncan Philips / reportdigital.co.uk

Stop violence against workers

are concerns this is not being applied across the board.

Despite the growth of CCTV many incidents on the railways go unpunished.

After a long-term fall in incidents, concerning figures publicised by the shopworkers’ union USDAW, who have taken a leading role on this issue, have shown a recent surge in violence and verbal assaults against workers in the sector.

TSSA’s general secretary Manuel Cortes backed the

The AGM of Spectrum, TSSA’s group for lesbian, gay, bisexual and transgendered members is taking place on Saturday 16 November, from 10am at TSSA, 2nd floor, Newminster House, 27-29 Baldwin Street, Bristol, BS1 1LT. To register, contact Taffy Evans on taffyevans@hotmail.co.uk.

campaign saying, “No one should face threats or violence when going about their work, yet we know this is a daily occurrence for many railway staff. Employers have their role to play, but this should be backed by a consistent approach by prosecutors, with strong penalties to act as a deterrent to others.”7

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Take action – email your MP via www.unionstogether. org.uk/protect.

All TSSA members are welcome to join the Disability Working Group’s AGM on Saturday 16 November, from 1-3.30pm, at TSSA, 2nd floor, Newminster House, 27-29 Baldwin Street, Bristol, BS1 1LT. The venue is fully accessible. To register, contact Margaret Anslow on tssadwg@yahoo.co.uk.

news

Hackney learning adds up

Megaphone diplomacy at Tory Conference WHILST BORIS JOHNSON has been unwilling to meet union leaders even once during his five years in office, many union members were only too keen to travel to Conservative Party conference in Manchester to raise their concerns.

TSSA organised a transport lobby just days after joining with over 50,000 campaigners to demonstrate against the creeping privatisation of the NHS. Whilst not rivalling the scale of the

health protest, our campaign drew support from RMT, ASLEF, Unite, CWU and UCU as well as Disabled People Against Cuts and other community groups.

The picket made the case for keeping the East Coast route in public hands – a privatisation which only 28 per cent of Conservative voters support – as well as highlighting the inefficiencies of the current fragmented system.7

EU rail threat opposed

A CROSS UNION campaign has been fighting against the EU’s ‘fourth railway package’ – a set of proposed laws designed to open the way for privatisation and competition on all routes across the EU. Vociferous international pressure has already seen the plans watered down, but despite being adopted by the European Commission, they have yet to pass through the European Parliament.

Three simultaneous protests took place at the European Commission offices in London, Edinburgh and Cardiff as part of a European-wide day of action called by the European Transport Workers’ Federation. To email your MEPs, visit http://bit.ly/railpackage.7

TSSA COMMUNITY LEARNING Champions in Hackney will this month launch their ‘Making Maths Matter’ campaign.

Working with Families First, a local support group for parents, TSSA will be helping match local people in need of support with Maths Champions who will help with their numeracy.

A Maths Champion is someone that volunteers their time to share their understanding of maths with people that need practical support. Our Maths Champions will be taking their road-show to local community organisations, shopping centres and train stations.

The need for such a campaign came from a local learning survey which revealed that many local people wanted support with maths. Whether for career development or simply to help their children with their homework, it became clear many felt intimidated by the idea of maths. “Our aim,” said Andrea Enisuoh, TSSA’s community learning organiser, “is to demystify maths and show how it is relevant to day-to-day life. Whether we realise it or not we all use maths on a day to day basis. Yet many people feel that it is just something that they cannot do. We want to bust that myth.”

A resource pack has been produced, free to Union Learning reps, members or activists who want to launch a similar campaign in their area. To get a copy email enisuoha@tssa.org.uk.

TSSA Community Learning Champions in Hackney have launched a website highlighting local initiatives for members, their families and the wider community: tssacommunitylearning.com.7

TSSA Journal

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general secretary Manuel Cortes

Beyond cynicism: our campaigning wins

comment

Our campaign against rip-off fares has regularly seen the consequences of rail privatisation hit the headlines. Soaring fares, which are the soft underbelly of the so-called ‘case’ for privatisation, show no sign of relenting. We wish people weren’t being clobbered, but this does present us with an excellent platform whilst politicians’ ears sharpen as the general election approaches.

I am sure that many of you will share my delight that Labour has joined our campaign to keep East Coast in public hands. With this year's Labour Party Conference going further and unanimously adopting our resolution in favour of public ownership of our railways, this presents a real opportunity. This means that each one of us can now play a vital part in making this a reality by joining our campaigning activities over the coming months.

As the political conference season drew to a close it is hard to believe that we’re not just round the corner from a general election. Key spokespeople for the main parties appear desperate to make us believe that our lives will get better under their watch. But like many of you, it is difficult not to feel somewhat cynical about many of the promises that politicians will be making in the run-up to when our votes are finally cast.

Yet politics is also capable of inspiring hope in even the most dreadful of circumstances. Look at the stance taken by the very courageous young Pakistani women, Malala Yousafzai. She was shot in the head by the Taliban as a result of campaigning for girls and women to have access to education.

Has her terrible experience cowed her? No – far from it! She is completely determined to go into politics so that future generations of Pakistanis have the right to attend school irrespective of their gender. Such determination towards such a laudable goal should help dispel some of our scepticism. I am absolutely convinced that Malala fully understands the unrivalled power of politics to make our world a better place.

You know, our NHS, workers’ rights and

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Labour Party Conference unanimously adopted our resolution in favour of public ownership of our railways

The results of our campaign have been amazing: instead of 750 closures, just four booking offices have closed

pensions are excellent examples of what politics can deliver. Of course, these things didn’t just happen by chance. Years of campaigning by thousands, if not millions, of ordinary people made sure that these progressive changes became law. Our union will always remain focused in seeking to secure your livelihood and on delivering a better deal for you at work. However, we fully recognise that politicians make laws and decisions that either aid or frustrate our collective ability to do so. That is why, if we are going to be in a strong position to adequately defend you, we need robust workplace organisation and a powerful political voice!

Let me give you a few examples of why I am saying this. The Government backed the McNulty Review which recommends the wholesale closure of hundreds of booking offices. To implement these proposals, the Government requires primary legislation. Our union’s response was to launch a campaign which mobilised passengers against this, resulting in many MPs being made acutely aware of the heavy electoral price they would pay if these plans went ahead locally. You see, the hard work and effort of many of you have been handsomely rewarded. So far, the results of this campaigning work have been amazing – instead of the 750 closures McNulty planned, just four booking offices have closed since 2010!

That is why we recently started a similar initiative in London to stop Boris’s crazy plans to shut all ticket offices on the Underground.

We have been here before: in 2008 we stopped the former Mayor’s attempt to close just a few of them. In fact, Boris got elected on a platform of keeping them open – he even signed our petition against Ken Livingstone’s proposals.

Yet his current plans go way beyond anything Ken ever contemplated. We now need to make it clear to any politician who supports proposals to do away with these much valued services that they run a very high risk of the public giving them the P45 they’d have given to their workers.7

Mick Carney

CC BY Michael Patrick

TSSA president Mick Carney shares his personal experience to show why staffed ticket offices are vital.

BACK IN AUGUST the TSSA broke the news of a leaked report, subsequently confirmed by Transport for London, considering plans to close every ticket office on the Underground network.

Boris Johnson is seeking massive cuts to Transport for London’s funding as part of the Tories’ indiscriminate cuts agenda, which has also placed hospitals and our fire service under threat, but coincidentally, created tax breaks for large corporations and the wealthy.

The closure of ticket offices has long been an aspiration of the private rail companies too. McNulty and his attack on the rail industry identified closing ticket offices as an easy way to save money.

So why not close them? Surely everyone is booking tickets online now?

Smart cards are just around the corner, so aren’t ticket offices just a bygone relic from days of yore? Well no they are not. They provide a customer service you would never get from a machine or from your home computer. Well-trained and well-informed ticket clerks offer invaluable assistance to elderly customers, disabled travellers and to those unfamiliar with the railway.

Surveys have consistently shown that the public are massively in favour of human contact at the station. With the cutting

It is often those least likely to have computer access who are most in need of cheaper tickets.

Standing up for our ticket offices of platform staff this contact is increasingly provided by the ticket office staff. Ticket office staff also ensure that the customer gets the cheapest ticket. Especially important given it is often the people least likely to have access to a computer who are most in need of the cheaper tickets. The elderly, poorer members of society and again, the disabled, are likely to be hit hardest by creeping automation.

A machine on the station is of no use to you if you are blind, partially-sighted or if you are affected by a neuro-diverse condition.

I was forced into my ticket office at gun point. I was tied up and the station robbed.

A few days after the leaking of the report I attended a ‘Better London Transport’ event. Amongst the speakers was Christian Wolmar, an eminent rail expert and, at the time of writing, Labour’s only declared candidate for the 2016 London Mayoral election. Much of what Christian says I agree with, but we had one fundamental difference on the future of ticket office staff. Christian believes the office staff should be a face outside of the ticket office at quieter times. I am absolutely against it. Back in 1995 I was forced into my ticket office at gun point. I was tied up and the station robbed. Luckily for me I was physically unharmed, shaken but unharmed. I have

colleagues who have not been so lucky.

We should not be using ticket office staff to do the duties of platform members of staff. We should be demanding the reintroduction of the platform jobs instead of allowing the grasping privateers to scrap them. I for one do not want to be walking around with a large bunch of keys in my hand – keys which leave me vulnerable to another such attack.

But there is another altogether sadder reason we should be fighting to save every station job. On the day the report was leaked I was working an early turn. A member of the public came in and reported there was a man lying motionless on the track. Fearing the worst, I went out to check and indeed there was. This was the first suicide I have ever been on duty for and I truly hope it is my last. At the time of writing I still find it upsetting and difficult to shake the memory of what I saw. When I knew little about him it was easier to deal with, but finding out details such as the fact that he had been let down over the years by the mental health services makes it harder. My thoughts remain with his family and the driver involved.

The railways have seen a rise in suicides in recent times. It is not to say that having a member of staff present will stop them all – desperate people will take desperate measures no matter what – but having a visible presence on the platform can make all the difference to whether someone lives or dies.

It is for people like Colin we need a fully staffed railway.7

TSSA Journal

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Labour conferenc e

Andrew Wiard

Labour Party conference backs public ownership In a major victory, Labour conference delegates overwhelmingly endorsed TSSA’s call for rail to be brought back into public ownership by the next Labour government.

Delegates voted to send a strong message that “conference calls on a future Labour government to run our railways in the interest of passengers by retaining and extending this successful model of public ownership [referencing East Coast] to each franchise as it expires and by integrating track and train operations”.

TSSA and 40 constituency parties had submitted motions on the public ownership of our railways, showing the strength of feeling on the issue. However the conference arrangements committee attempted to block them from debate. It was only after our team’s round the clock efforts, and a barnstorming speech by TSSA delegate Jill Murdoch, that the conference voted to reject the proposed agenda and instruct that our motion should be heard.

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Jill takes up the story, “The conference arrangements committee was playing games with us, so it became critical to win a ‘reference back’ of their report – something that is rarely done at Labour Party conference. Constituency delegates and trade unions alike clearly supported our bid to get public ownership of the railway reaffirmed as party policy and we managed to carry the vote against the CAC – apparently the first time that has been done since 1982!”

Mick Carney moves our call for public ownership of rail

The following day TSSA president Mick Carney moved our motion, with ASLEF’s Tosh McDonald seconding – both received a rapturous reception with a standing ovation spreading across the hall. Whilst the vote doesn’t automatically set Labour’s manifesto policy, it provides a very strong steer that the wish of the Labour party as a whole is to see our railways back under public control.

Let private operators fade away In the keynote speech by Labour’s then shadow transport minister Maria Eagle, she laid out a plan for passengers to see a more integrated network rather than a patchwork of franchise holders, all with different ticket restrictions and branding. “End wasteful repainting and rebranding of trains and stations with every new contract. Restore a coherent InterCity identity to national train services” she said.

Announcing a raft of new policies, including ending the undercutting of

Labour conference

Our packed Keep East Coast Public rally

ticket offices with cheaper fares online (“just to provide another excuse to close them”), she also focussed on East Coast.

Addressing the PM directly, she said “David Cameron: even at this late stage, abandon this costly, unnecessary, ideological, dogmatic, cynical, wrongheaded, vested-interest driven, disastrous privatisation”.

Declaring that Labour would allow the publicly-owned Directly Operated Railways to bid for further contracts, she said, “End the nonsense that means the only rail company in the world barred from bidding is the one that is running [East Coast] – and doing so well. Even the French, German and Dutch state railways can bid. How completely bizarre that Tory Ministers have no problem with a government-run rail service so long as it isn’t British.”

Huge support for East Coast campaign MPs were lining up to endorse our call to Keep East Coast Public at a packed rally.

Sheila Gilmore MP (Edinburgh East), Pat Glass MP (North West Durham), Sarah Champion MP (Rotherham) and John Healy MP (Wentworth and Dearne) all spoke from the panel, with more MPs chipping in from the audience. They were joined by Maria Eagle, Cat Hobbs from public ownership campaign ‘We Own It!’, Unite’s Diana Holland, Manuel Cortes and East Coast rep Andi Fox. There was a huge enthusiasm for more action right along the line with MPs stressing just how popular the campaign is with their constituents. Maria Eagle noted that even though the government were eager for the franchise to be awarded ahead of the general election in May 2015, she felt there was still a significant chance that even without a

Andi Fox

change of heart due to public pressure, the process might not be completed in time for technical reasons.

TSSA’s Andi elected to Labour’s executive East Coast travel consultant Andi Fox has been elected to serve as one of the trade union reps on Labour’s National Executive Committee. Andi first became a local rep in Doncaster in 2002 and currently serves as the Yorkshire member on TSSA’s Executive Committee.

She will now sit together with Ed Miliband, Harriet Harman and others as part of the group which sets the overall direction of the party.

Thinking ahead to her term of office, she told the Journal, “I aim to be a grassroots voice, tabling the views of ordinary supporters. I would like to think I could also use the opportunity to raise the profile of women in the trade union movement within society at large.”

Energy price freeze wins praise Introducing Labour’s plan to freeze energy prices for 20 months whilst it ends the abuses of the ‘big six’ energy

companies, Ed Miliband used his keynote speech to ask, “What happens when competition fails, what happens when it just fails again and again? Government has to act – with the train companies that put the price of the daily commute further and further out of reach, with the payday lenders who force people into unpayable debt, and with the big gas and electricity companies, that put prices up and up and up.”

By the end of this year average fuel bills are expected to be £450 higher than when the Conservative-led government came to power. Despite the protests of the highly-profitable energy companies and strong opposition from the Conservatives, the policy is hugely popular with the public – something that Labour spin doctors worried at the prospect of backing public ownership of rail should take note of.

With 17 months to go until the general election, Labour are increasingly setting the agenda and developing a platform to deliver for the majority of Britons. To get involved, sign up at labour.org.uk. 7

TSSA Journal

13

TUC

TUC Congress – for jobs, growth and fair pay This year’s TUC Congress, held in Bournemouth, was a successful one for TSSA. Each member of our delegation of Mick Carney, Fliss Premru, Steve Leggett, Jenny Anderson and Manuel Cortes all spoke on the main floor of Congress, with TSSA also hosting a successful fringe meeting on our neurodiversity work, during which many members and reps spoke.

TSSA delegate Steve Leggett told the Journal, “I really enjoyed my first TUC and was very proud to represent my union. I made two speeches, one on fair pay and wages and the other on disability rights. Of course I was very nervous, but I am glad to say that they went well with no major hiccups. I would encourage everyone to consider putting themselves forward – you will benefit from the experience and greatly enjoy the camaraderie of the atmosphere.”

Steve Leggett supporting the successful motion on fair pay

14

November 2013

Overwhelming support for public ownership Public ownership of our railways was a recurring theme at Congress, including when Frances O’Grady used her first keynote speech as general secretary of the TUC to say, “We want our railways returned to public ownership. Let’s send a strong message from this Congress – we will fight this latest, senseless, sell-off of the family silver. Hands off our Royal Mail.”

Congress voted to support a motion proposed by TSSA and backed by ASLEF and RMT which committed to continued TUC campaigning for public ownership.

The motion also highlighted the threat posted by the EU’s ‘fourth railway package’. This legislation, if unamended, would spread the mistakes of UK-style privatisation across Europe and make it irreversible here (see page 9 for more).

Labour getting the message Speaking at the Action for Rail fringe meeting, then shadow transport secretary Maria Eagle put it bluntly, “I think it’s been quite clear rail privatisation has been a disaster. There is a reason no other country in the world decided to do to their railways what we did to ours”.

Discussing what could happen as franchises expire during the next parliament, she added, “You don’t have to pay lots of compensation – you just don’t refranchise it. That will clearly be an

option. I’ve got to persuade one or two people in the Labour Party – I’ve persuaded a lot – but one or two more, that this is the way to go”. We’ll be working to ensure Mary Creagh, Labour’s new shadow transport secretary is as convinced as Maria was of the case for public ownership.

When Ed Miliband was asked about rail ownership by TSSA’s Jenny Anderson during a Q&A session, the Labour leader limited his remarks to East Coast, saying, “The reality about the East Coast is that it’s been successful in public ownership.

We’re not going to be hidebound by the dogma of the past which says that private is always good and public is always bad.”

TUC backs our right to take action TSSA worked with the RMT on an emergency motion opposing the London Conservatives’ attempts to frustrate or fully ban workers from taking industrial action on the tube. Tory members of the London Assembly have again been pushing for there to be minimum turnout requirements on industrial action ballots far higher than the public turnout which elected them into their positions.

Congress voted to voice the concern that the move would ‘reinforce the Mayor’s anti-union agenda, the effect of which has been characterised by a refusal to meet the trade unions to discuss industrial concerns’.

TUC / fl ags of convenience

TSSA’s delegation of Fliss Premru, Steve Leggett, Mick Carney, Jenny Anderson and Manuel Cortes, with Frank Ward.

TSSA election success Manuel Cortes topped the poll in his successful bit to be elected to the TUC's General Council. There was stiff competition, with 11 candidates chasing seven places in our section for unions with under 100,000 members. In a vote of confidence from fellow unions, Manuel came top with 208,800 votes.

It was also announced that a fellow transport worker, Mohammad Taj, has been elected as the TUC’s first Muslim or Asian president. A bus driver with FirstGroup in Bradford, he first become a

TSSA Neurodiversity Project fringe meeting

T&G shop steward in 1982, eventually rising to sit on Unite’s executive and has served on the TUC’s General Council since 2001.

Neurodiversity work highlighted TSSA’s groundbreaking neurodiversity project was the subject of a TUC fringe meeting, held with the support of Morrish solicitors. The meeting, chaired by the TUC’s policy officer for disabilities, Peter Purton, heard about the ground-breaking research by HeriotWatt University, assisted by TSSA, on the

Fliss Premru speaking against further restrictions on our rights proposed by Conservative members of the London Assembly.

impact of hidden disabilities in the workplace.

Neurodiversity champions Mary Sithole, Steve Cambridge, Peter Worrall and Taffy Evans spoke about their work out on the ground, supporting screening of colleagues who have conditions like dyslexia, Asperger’s or ADHD. TSSA organiser Ricky Jones offered his personal experience of the difference simple modifications made to his ability to work, whilst TSSA Neurodiversity Project workers Susannah Gill and Sarah Hughes described the programme which was being rolled out nationally. 7

Fighting for fair conditions at sea

Find out more at www.itfglobal.org/ flags-convenience

ITF

A rotting pallet provides a comparatively dry surface for those standing at the sink Engine Room worker improvising protective equipment not provided by the ship

to a crew-member’s berth, creating a huge fire risk

ITF

i

ITF

Many of us take for granted the idea that all workers will be covered by at least basic health and safety legislation and are free to walk away from an abusive employer.

However 70 per cent of the world’s shipping fleet is registered via a ‘flag of convenience’, allowing ship owners to ignore national laws governing wages, working conditions and workers’ rights in the country they are based and instead use the lax or non-existent standards in the state the ship has been registered in.

TSSA members recently heard from Tommy Molloy, the International Transport Workers’ Federation’s inspector who visits ships in Liverpool and other ports in north west England to check for abuses – much of what he sees is truly shocking.

Workers bringing goods to the UK are subject to abuse and physical threats, extortion, retention of their passports or wages and unbelievable poor and unsafe working conditions.

ITF’s flag of convenience campaign targets ship-owners who exploit this loophole, negotiating a set of minimum standards and working towards a global Maritime Labour Convention which could impose these on all shipping lines, ultimately eliminating the flags of Cooking equipment next convenience system altogether. 7

TSSA Journal

15

Christian Wolmar The government’s review of rail fares was released recently. Whilst it made some good progress, it avoided many of the fundamental questions, concludes Christian Wolmar.

Fares fair?

It was never going to be easy sorting out the chaotic fares structure. Simplification, standardisation, information, clarity, smartcards – all these are buzz words for what the long delayed fares review published in early October was going to solve. Not surprisingly, the review did not manage to address all these problems comprehensively – a near impossible task. However, while undoubtedly the review did not go far enough in dealing with some fundamental issues or even sorting out the many ridiculous anomalies, there are several aspects to cheer about, as witnessed by the Campaign for Better Transport’s comment that it ‘does contain some welcome initiatives’.

16

November 2013

The review was announced 18 months ago and was originally supposed to have been completed in the spring. Even with its late running, it ducked out of the fundamental questions, such as whether to standardise the fares system to deal with complexities like two people sitting next to each other having paid dramatically different amounts.

Nevertheless, tentatively, a few steps have been taken in the right direction.

First, the government has finally recognised that there needs to be some

sort of compromise arrangement between a full season ticket, which gives massive discounts of up to two thirds for commuters, and the one off ticket which works out very much more expensive for part time workers. More and more people now work part time – often of course unwillingly – and even those in full time work can now, with the use of technology, stay at home for a day or two every week.

The great advantage for the industry as a whole, and indeed for the government which always ends up bankrolling railway

The fare review ducked out of the fundamental questions, but, tentatively, a few steps in the right direction have been taken.

Christian Wolmar The affordability gap. Regulated fare increases have been accelerating away from average wage increases year on year, based on Treasury figures.

investment, is that a more flexible ticketing system would reduce peak demand and therefore pressure for investment in new rolling stock or extended platforms.

Therefore, the announcement of a trial – with operators expected to bid to host it – for more flexible season tickets is to be welcomed. So is the other trial, for the removal of the daft anomaly whereby a return journey for long distance services often costs just £1 more than the single.

This is a leftover from British Rail and makes no sense in a world where people often have occasion to travel one way by train and return by car or even plane.

Charging half the return fare for a single leg makes much more sense, but again the approach by the government is rather timid. Why not simply insist that the price of a single leg should be half the offpeak return?

The government too, went halfway on the scandal of ‘flex’ on fare rises. This is the flexibility given to operators to increase some fares by up to 5 per cent more than the overall ‘inflation plus one per cent’ rise. There is a widespread perception that this has been abused by the operators. As Anthony Smith of Passenger Focus suggests, ‘allowing so much flex meant that effectively the train operators were allocating public subsidy by imposing sharp rises on some commuters and lower ones on others.’

Moreover, he is convinced that ‘there is clearly an element of revenue generation in the flex arrangements.

Otherwise, how come when Andrew Adonis got rid of it, he had to pay compensation to the train operators?’

The government has agreed to reduce this to 2 per cent, although organisations like the Campaign for Better Transport would like to see it abolished entirely.

The Transport Secretary said he had ‘reduced rises from three per cent’. That is bare faced cheek. It was only his government, not Labour, which suggested 3 per cent.

One aspect that Passenger Focus has long battled on, but lost out in the face of strong opposition from the train operators, was over the issue of forcing passengers to pay a full fare if they have the wrong advance ticket for the train without the money already spent being taken into account. The operators argue that if they did not impose what amounts to a penalty fare many people would buy advance tickets but hop on any train and therefore cheat the system because they would only risk paying what they should have done anyway. In fact, it is passengers who are being cheated. Some advance tickets cost as much as £120 on the London – Manchester route and someone taking a train 20 minutes later could be made to pay an extra £148 – this is clearly ridiculous. Most people are honest and not trying to cheat the system but the view of the operators seems to be that all their customers are dishonest. No wonder the companies are unpopular.

The worst aspect of the fares review is that there has been no commitment to move away from the ‘inflation plus one per cent’ annual fares rises for regulated fares. But there was a bit of good news tucked away in here. As Passenger Focus’ Anthony Smith pointed out, ‘we have managed to save the Saver, although it is no longer called that, to ensure that offpeak fares remain regulated. We have been fighting this for years and it is now accepted, which guarantees that leisure users can continue to have access to relatively cheap journeys’.

As Smith says, however, it is very much relatively. Patrick McLoughlin, the Transport Secretary, was taking the proverbial when, in announcing the fares review, he said that the government had ‘reduced average rises from three per cent to one per cent in real terms’. That is bare faced cheek. It was only his government,

not Labour, which suggested inflation plus 3 per cent, and only relented under huge public pressure. There has, in fact, now been 10 years of above inflation increases, something which is ultimately unsustainable and which means that the passengers’ contribution to the overall railways’ income has gone from one third to two thirds.

Smith, quite rightly, wanted to see a date for the end of these high increases, but the government has made no commitment. Yet, it seems the government is always prepared to stop petrol tax rises, and yet imposes these swingeing increases on rail travellers annually.

There remains, therefore, much to campaign on. The above inflation rises will have to end eventually and flex still gives too much opportunity for the operators to fleece passengers. The other big issue looming in the distance, which will have enormous effect on ticket offices, is the introduction of smartcard technology.

Given that this is seen as essential for the more flexible season ticket arrangements, and that the Oyster ‘pay as you go’ system has proved so successful that it is delivering continued 5 per cent annual growth on National Rail use in London, smartcards will inevitably become the norm. Initial adopters are most likely to be commuters travelling short distances, but at some point their use will quite possibly extend across the whole network. As this debate ramps up, we should be clear that the introduction of smartcards should not be used as an excuse to dispense with staff, who will still be needed to help many rail passengers, especially occasional users, and to make stations feel safer.7

i

Christian Wolmar is Britain’s leading transport commentator. For all his latest articles see www.christianwolmar.co.uk.

TSSA Journal

17

Paul Salveson

Based on CC BY SA Nilfanion

With the Government looking as though it may devolve significant railway powers to the North of England, the tectonic plates of railway politics are shifting.

Look North!

There is an expectation that the Secretary of State will make an announcement shortly about devolving franchising powers to the new Rail North consortium of 33 local transport authorities, including the integrated transport authorities, county councils and unitary authorities. Detailed negotiations between the Department for Transport and Rail North have been on-going for months, with a key issue being how much cash transfers with the franchising responsibilities. Northern politicians are canny enough not to accept a deal which provides for anything less than the current baseline of funding to support existing services. There’s a further issue as to whether the DfT will merge the large sprawling ‘Northern’ franchise with the inter-regional TransPennine Express operation. Both have been extended to February 2016, though it isn’t wise to assume they will be combined. Following the Brown review of franchising there is a move away from ever-larger franchises towards smaller units. Whatever happens, it is possible that both franchises may become the responsibility of Rail North.

18

November 2013

A parallel development has been consultation by Rail North on a ‘Long Term Rail Strategy’ for the North of England. The draft strategy is the most important document ever to have been produced specifically on the North of England’s rail network and has some very positive aspirations. It offers the North an opportunity to raise its game significantly and look at the network as a whole over a period of 20 years. It provides a positive framework for the growth of a network

The Rail North strategy is the most important document ever to have been produced specifically on the North of England’s rail network. which could contribute much more to economic growth and regeneration.

Whilst the original Northern franchise, set up in 2004, assumed zero growth, the strategy recognises that there will be continued growth in passenger numbers.

The resources therefore need to be there

to meet that demand, with greater infrastructure capacity and more trains.

Nobody would say the draft is 100 per cent perfect and it will inevitably be honed by the responses to the consultation. It needs a more compelling ‘vision’ for the North which binds sustainable development much more strongly into rail, seeing the rail network as a catalyst for growth. It needs more emphasis on people, recognising that rail can be a tool for social cohesion. We still have far too many stations which are inaccessible. And it should be less tightly focused on rail and be more imaginative in its approach towards complementary forms of transport, particularly the bus, but also cycling and walking.

A long-term strategy for rail needs to avoid just becoming a shopping list, but has to have some ‘meat’ to make it more than just a generalised set of aspirations.

It should provide an over-arching vision which contains tangible outcomes, including further electrification, new rolling stock and line re-openings. It’s good that the plan includes freight, but it needs more detail on how a greater

Paul Sal veson If the mostly Labour controlled local authorities do get rail powers, should they move beyond franchising in its current form?

shift from road to rail freight can be achieved. There is scope for distinct sub-strategies covering electrification, network development (re-openings), rolling stock, community rail, stations, fares and ticketing and accessibility.

Are there specific issues from a trade union viewpoint? Passengers and workers share a common desire to keep a visible staff presence on trains and at stations.

Merseytravel, the PTE which manages the Merseyrail franchise, has a policy of staffing stations throughout the operational day – a principle which needs extending across the North, if a good case can be made. Merseyrail’s experience of providing ‘station shops’ could be applied to dozens more stations.

There are some other issues raised by the post-2016 franchises in the North.

Assuming the Secretary of State does allow Rail North to take responsibility for local and regional rail services, the embryonic Rail North structure is already in place to take up the challenge. There is a robust structure of overall political governance to ensure the 33 transport authorities have a real say in how things are run, whilst ensuring there is a tight executive. It’s inevitable that the big metropolitan transport authorities will have a strong influence, but authorities such as Cumbria and Lancashire have lobbied hard to ensure their voice is heard too. In the North-East there has been strong support for a distinct

Manchester Victoria is being upgraded as part of the Northern Hub project, which includes a new rail route through the city.

‘business unit’ within the new franchise which would give a strong management focus on the particular needs of the area.

A similar approach could work in other non-metropolitan areas.

There is another aspect to the unfolding story of rail in the North. If the 33 authorities, mostly Labour controlled, do get rail responsibilities devolved from the DfT, some thought should go into looking at how a future rail operation is delivered. Does franchising in its current form really give best possible value for money? A growing number of people in both the rail industry and local government would agree with the rail unions and say it doesn’t. However, the opportunities for radical change in the short-term are limited. Though we may well have a Labour Government in 2015, the bidding process for the new franchise in 2016 will start in a few months. The unions and Labour need to have a deliverable strategy which recognises short-term obstacles as well as opportunities, and have a longer term vision which involves a more radical shift from franchising.

Labour, the unions, the co-operative

movement and their allies should be looking at creating a viable ‘not for profit’ bid for the 2016 Northern franchise. That needs significant resources to be able to mount a credible challenge, but it could be done. The best structure would be a co-operative which ensures genuine ownership by both employees and passengers, with a business culture which combines social responsibility with entrepreneurial flair. If we have a Labour Government in 2015, a new Secretary of State should introduce legislation which gives regional authorities the option to use different approaches to the discredited franchising model. If a ‘not for profit’ franchise bid was successful there would be much to be said for continuing the operation beyond the likely seven years franchise period, with periodic reviews to ensure that value for money and a quality service were on-going.

Instead of looking back to a mythical golden age of a monolithic state-owned BR, let’s look to the future and build something which is really radical and meets the aspirations of our founders – for a railway which really does belong to the people.7

i

Northern’s franchise spans from inner-city commuter services to some of England’s most isolated stations, here crossing the Arten Gill viaduct en route to Dent.

Paul’s book ‘Railpolitik: bringing railways back to communities’ is published

by Lawrence and Wishart price £14.99.

Members of TSSA can get a £3 discount by quoting discount code ‘railpolitik’ when ordering at www.lwbooks.co.uk. Paul would be glad to talk to TSSA members about the book at branch and divisional council meetings. He is on paul@paulsalveson.com.

CC BY NC SA Joe Dunckley

TSSA Journal

19

arrivals and departures New Executive member for North West GARY KILROY, THE chair of the association’s younger members group, FutureTSSA, has been elected to TSSA’s Executive Committee. Gary Kilroy will represent the Lancs and Cumbria division after a recent by-election.

At 31, Gary is the youngest member of the EC. He works in Liverpool as a senior technical officer for Network Rail, where he is also a local industrial rep.

He told the TSSA Journal, “I’ve been on the railway for almost nine years. I’ve seen much change and whilst change is not always bad, I strongly believe it should not be to the detriment of our members.”

Gary is also greatly involved in anti-austerity campaigning, serving as the secretary of the Merseyside People’s Assembly. He says “We currently face the greatest attacks on working people for many generations. Our communities, NHS and railways face attacks like never before. Jobs are constantly under threat, especially for our members in Network Rail and the travel trade. We need to be standing up to defend members in the workplace and beyond.” 7

Paul Jeffries (centre) was presented with the medal by Senior Regional Organiser Alan Valentine and Divisional Council secretary Cheryl O'Brien

Surprise award in Cardiff ARRIVA TRAINS WALES branch member Paul Jeffries was presented with a Bronze Award in recognition of many years meritorious service to the TSSA. The branch had managed to organise the event as a surprise, but the plan almost backfired as, after enjoying a day at the cricket, Paul decided to give the meeting a miss. After a few hasty phone calls and Paul’s wife playing the role of taxi driver, an absolutely thrilled Paul was able to receive the award.

Branch were also honoured that two Gold Medallion holders, Tony Scott and Jack Gadsby, and Silver Medallion awardee June Scott were able to be present at the event. 7

All change at Network Rail THE END OF August saw the close of the Network Rail Area Council elections.

This group of reps are so often at the sharp end of our union’s fight for jobs and decent working conditions, and are constantly working to protect members’ terms and conditions.

Several long-standing reps chose to stand down due to impending retirement and we would like to pay tribute to just a couple: Dave Sian has been a TSSA rep for almost 20 years, joining from the old NUR after entering maintenance supervisory grades. He was active through the break-up of maintenance and then its incorporation into Network Rail.

Dave was branch secretary of the old Watford Branch as well as being an area rep in West Coast South. Watford will not be the same after his retirement!

John Jenkins has worked on the railways for over 40 years, joining BR in 1972 to work in S&T. John was a TSSA rep for over 25 years, including being Outgoing rep John Jenkins instrumental during the fight for collective bargaining for management grades and the negotiation of the subsequent Management Collective Bargaining Agreement. John became a rep after seeing too many staff being shabbily treated, and his work over the years helped many, many members. His depth of knowledge will be hugely missed. You can read more about John’s story here www.tssa.org.uk/john-jenkins.

We wish both Dave and John, and all our other departing reps, all the best for the future.

We also welcome many new area reps who have been elected into roles across the company! If you are interested in getting more involved in the TSSA in Network Rail, contact the Members’ Helpdesk. 7

20

November 2013

financial statement TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992 (AMENDED) The above Act requires TSSA to produce the following statement to members

STATEMENT TO MEMBERS 2012 2012 £

2011 £

Total income Total expenditure Membership income Political Fund income Political Fund expenditure General secretary’s salary and pension contributions General secretary (elect) salary and pension contributions

5,599,888 6,124,848 4,120,164 129,274 137,115 90,013

6,271,355 9,048,416 4,196,417 161,455 117,314 93,028 14,991

Total income is composed of

4,112,888 1,487,000 5,386,848 738,000

Association income Pension income Association and pension costs

Total expenditure is composed of

THE AUDITORS of the Association, Sayer Vincent Accountants and Registered Auditors of 8 Angel Gate, City Road, London EC1V 2SJ, reported to the members on the financial statements for the year ended 31 December 2012 on 22 March 2013 and their report was as follows:

Independent Auditors Report to the members of the Transport Salaried Staffs’ Association WE HAVE AUDITED the financial statements of the Transport Salaried Staffs’ Association for the year ended 31 December 2012 which comprise the Branch Account, the Divisional Councils Account, the Self Organised Groups Account, the Political Fund Account, the Benevolent Fund Account, the Provident Benefit Fund, the Central Fund, the Balance Sheet, the Cash Flow Statement and related notes. The financial reporting framework that has been applied in their preparation is applicable law and United Kingdom Accounting Standards (United Kingdom Generally Accepted Accounting Practice).

This report is made solely to the Union’s members as a body, in accordance with Section 36 of the Trade Union and Labour Relations (Consolidated) Act 1992.

Our audit work has been undertaken so that we might state to the Union’s members those matters we are required to state in an auditor’s report and for no other purpose. To the fullest extent permitted by law, we do not accept or assume responsibility to anyone other than the Union and the Union’s members as a body, for our audit work, for this report, or for the opinions we have formed.

Respective responsibilities of Executive Committee and Auditors AS EXPLAINED more fully in Executive Committee’s report, the Executive Committee are responsible for the preparation of the financial statements and for being satisfied that they give a true and fair view. Our responsibility is to audit and express a view on the financial statements in accordance with applicable law and international Standards on Auditing (UK and Ireland). Those standards require us to comply with the Auditing Practices Boar’s Ethical Standards for Auditors.

Scope of the audit of the financial statements AN AUDIT involves obtaining evidence about the amounts and disclosures in the financial statements sufficient to give reasonable assurance that the financial statements are free from material misstatement, whether caused by fraud or error. This includes an assessment of whether the accounting policies are appropriate to the Union’s circumstances and have been consistently applied and adequately disclosed; the reasonableness of significant accounting estimates made by the Executive Committee; and the overall presentation of the financial statements. In addition we read all the financial and non-financial information in the Executive Committee’s report to identify material inconsistencies with the audited financial statements. If we become aware of any apparent material misstatements or inconsistencies we consider the implication for our report.

Opinion on financial statements In our opinion the financial statements l give a true and fair view of the state of the Union’s affairs as at 31 December 2012 and of its results for the year then end l have been properly prepared in accordance with United Kingdom Generally Accepted Accounting Practice and l the financial statements have been properly prepared in accordance with Trade Union Law;

Matters on which we are required to report by exception We have nothing to report in respect of the following matters where the Trade Union and Labour Relations (Consolidated) Act 1992 requires us to report to you if, in our opinions l the Union has not kept proper accounting records in accordance with Section 28 of the Act and l whether the Union has not maintained a satisfactory system of control over its transactions in accordance with that section and l whether the accounts to which the report relate do not agree with the accounting records Sayer Vincent Chartered Accountants and Registered Auditors 8 Angel Gate, City Road, London EC1V 2SJ 17 April 2013

STATEMENT A MEMBER who is concerned that some irregularity may be occurring, or have occurred, in the conduct of the financial affairs of the union may take steps with a view to investigating further, obtaining clarification and, if necessary, securing regularisation of that conduct.

The member may raise any such concern with such one or more of the following as it seems appropriate to raise it with: the officials of the union, the trustees of the property of the union, the auditor or auditors of the union, the Certification Officer (who is an independent officer appointed by the Secretary of State) and the police.

Where a member believes that the financial affairs of the union have been or are being conducted in breach of the law or in breach of rules of the union and contemplates bringing civil proceedings against the union or responsible officials or trustees, he should consider obtaining independent legal advice.

TSSA Journal

21

TSSA personal injury service

“Neither the company nor the contractor was willing to say they were responsible for me falling off the steps. But thanks to TSSA they both had to pay my damages” says Lewis.

Lewis had been walking up the steps on a Monday morning at work when he slipped and landed heavily on his lower back.

“The week before my accident, a contracting firm had been carrying out some kind of work on the steps, but it looked like they had finished.

There was no sign that the steps were in any way unfinished or possibly dangerous.”

Working in a busy travel agency, Lewis’ job required sitting for long periods and the pain in his back from his fall became unbearable.

“I had to take time off work, which I hate doing.

After a month, a friend, who is also our TSSA rep, suggested that I call the 0800 number for advice. I was still in pain, so I called. It was the smartest thing I could have done.”

Through TSSA, Lewis was put in touch with Fiona at Morrish Solicitors.

“Fiona was brilliant. She confirmed my details and wrote to my employer about my accident. They said they were not at fault and blamed the contractors who carried out the work. Of course when Fiona wrote to the contractors, they blamed my employers, saying they had completed most of their work other than a few bits which needed finishing. They said it was my employer’s fault for not putting out the warning signs as instructed. If I had tried to do the claim on my own, I’d have given up at that

point. It looked like there would be too much going back-and-forth. But Fiona was ace. She wrote to both of them saying she would commence court proceedings, but offered them that they could split my compensation 50/50.” Both the employer and the contractor agreed the terms. By this time Lewis was undergoing physiotherapy for the continuing pain in his back. Fiona got further medical evidence which showed that the injury to Lewis’ lower back could be expected to fully recover within 18 months of the accident.

“I agreed to a £4,000 settlement, which covered my physio costs and the time I’d had to take off work. From the time I called the 0800 number to the time I received my damages cheque was 12

CC BY NC SA2 ecstaticist

Winning compensation even when all deny fault

months, almost to the day.

I was really pleased with the result from TSSA and Fiona at Morrish because if it had been purely up to me, I’d have given up at the first hurdle. Thanks TSSA!” l Based on a real life case. Certain details have been altered to protect

the identity of the victim.

Morrish Solicitors offers free personal injury legal advice for TSSA members.

You can call them on 0800 093 0353.

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

Accidents do not happen - they are caused!

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

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ACCIDENTS AT WORK

22

November 2013

ACCIDENTS OUTSIDE WORK

ASSAULTS

TSSA Personal Injury Services Free to Members & their families

0800 093 0353

ROAD TRAFFIC ACCIDENTS

SLIPS OR TRIPS

OCCUPATIONAL DISEASE

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

of our members in a disciplinary.

The manager has said she is going to use CCTV evidence, but I don’t think it should be allowed. How do I fight it?

One of my members was quite badly injured recently, needing surgery and time off work. It turns out they were having to prop open a heavy door as the catch was broken. The prop slipped and the member’s hand was trapped as the door swung shut. The problem had been reported months ago but not repaired – their manager said to prop the door open until it was sorted. Do you think my member has a claim for personal injury?

CC BY-NC-ND2 BlueAndWhiteArmy

A. They might, especially if they lost money such as overtime or had additional expenses, but you would need to speak to our solicitors about that. Their number is on the page opposite and in the TSSA diary.

As a health and safety rep you’ll know that if the employer is aware of and condones an unsafe act they are in breach of section 8(1) of the Safety, Health and Welfare at Work Act 2005 and their common law duty of care.

What your members may not be aware of is that if they act in an unsafe manner, in this case by agreeing to the manager’s instruction to work with the

Manager breached my privacy Q. I have a chronic illness, which I told my boss about to explain my absences. I stressed that this was confidential information and I didn’t want my colleagues to know about it. Now one of the people in the office has come up to ‘sympathise’, and I know she can only have found out about it from my manager. How should I approach my manager about this?

A.

I am sorely tempted to say ‘with a baseball bat’, but let’s be sensible. Are you really sure that your colleague could not have found out any other way? Did you ask who told her? If you are certain that it could only have come from your manager, you should pursue a grievance, citing your manger’s behaviour. To quote the Information Commissioner’s guidelines, ‘workers can legitimately expect to keep their personal health information private and expect that employers will respect this privacy’.

Under the Data Protection Act, health issues are regarded as sensitive data, and access to records must be more strictly controlled than for other details. Contact your rep, who will assist you with the grievance and represent you at the hearing. The cat is out of the bag now, and any action the company takes against the manager is up to them, but at the very least you should be insisting on a public apology.

Republic of Ireland

A. The first step is to establish whether the employer’s CCTV policy states that it will be used to monitor staff. If it doesn’t then they are only allowed to do so in exceptional circumstances, such as the prevention or detection of crime. This is not the case here, so they may be in breach of the Code of Practice. You should insist that the CCTV evidence is inadmissible.

Have a look at the guidance provided by the Information Commissioner (ico.gov.uk). It clearly lays out what the employer can and can’t do and it would be useful to print a copy to quote from at the hearing. If the employer persists, then you would need to follow the internal grievance procedure. If you still think the employer has acted in breach of the Code, then your member may be able to take a complaint to the Information Commissioner.

door propped rather than securely latched, they are opening themselves to a reduction of any award of damages by reason of contributory negligence. In a recent case (Smith v Health Service Executive) the employee lost 25 per cent of their compensation because they accepted an unsafe system of work.

0800 3282673/1800 805272

Unsafe?

Don’t accept it Q. I am a Health and Safety rep.

UK

Big Brother isn’t watching Q. As a rep, I’m representing one

TSSA Journal

23

letters This is your chance to share your views with thousands of other TSSA members. The deadline for the next issue is 4 December. Letters may be edited for length or clarity. Email journal@tssa.org.uk or write to TSSA Journal, Walkden House, 10 Melton Street, London, NW1 2EJ.

letters

Smartcard winners and losers The last Journal presents a dilemma which affects the Association at all levels. We see the TSSA’s Ghost Train bearing the slogan ‘No to station staff cuts’, a message which I am sure we all support.

But Paul Salveson concludes his article ‘For a People’s ScotRail’ with the words ‘The best that can be hoped for from the new franchise is that the successful bidder will be expected to deliver specified benefits including smartcard technology’.

It is of course true that Smartcards can facilitate multi-modal transport integration and can reduce the costs of handling cash at stations.

Oyster has been one of the factors behind the large increase in National Rail, bus and Underground usage in

London. But a consequence has been a decline in sales at station ticket offices to the point where we have seen some Underground stations with no ticket offices at all. Many smaller National Rail stations have part-time ticket offices primarily for season ticket sales. If season tickets are moved to Smartcards, with the travel entitlement purchased or collected at a ticket machine, then the need for a staffed ticket office will decline further.

We can be sure that job losses will follow. And much as we support the idea of staffed stations to reassure the public and provide assistance as required, we surely cannot support members sitting in ticket offices with nothing to do all day.

JG Morgan ATOC branch member on Paul Salves

has Government The Scottish over the much control is network but ‘domestic’ rail ays Act 1993, Railw by d boun er to use a so lacks the pow ed operator. own iclypubl

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than a body

’s ScotRail For a People

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back of which went £10 million, some to and will open ny and the rest going ahead into the compa es. Not a Tweedbank is rgh’s busy public servic Scotland, . time. Edinbu support other a train within t and in two years ual shareholders If you get on n has been rebuil went to individ painted in an be statio penny owns will arket it ort are Haym ger Transp d. Oban Line the chances zoned stations opene Strathclyde Passen example livery and embla several new d in frequency, attractive saltire Subway, a unique nd’s being double the Glasgow anchised ‘ScotRail: Scotla services are es to the egrated, non-fr with the words in which it , improved servic of a vertically-int there is a sense giving muchy. CalMac ferries on is e railway’. And ly-owned railwa nds. Electrificati the railway, despit public to ’s es Highla nation and West really is the e essential servic l further routes company, which provid operated by a private planned for severa uced Islands are mostly being operated is being introd is let not by Highland and by the The franchise new rolling stock network. ultimately owned First Group. by the nies but of ts, compa parts by they d civil servan across large nment. Last year London-base answerable Scottish Gover nd which is and paid a of £2.2 million Transport Scotla t. made a profit owners. sh Governmen million to their a tradition of to the Scotti dividend of £1.7 ort of success which Scotland has ship of transp There’s a record in the border can So public owner nd’s south of the ic ownership ned in Scotla railway people few years publ ian services is ingrai subway envy. The last Loth the r: with and at secto , ferries only look ment, transport economy. Buses erable invest ay, sful, sociallySubw succes gof gow les have seen consid Stirlin Glas the are all examp sses Buses, the re-opening of including the transport busine sible lines ate s. respon -Bathg ial services and CalMac ferrie Alloa and Airdrie burgh providing essent So why good. new Glasgow-Edin a wider ding to the (provi the Glasgow contributing nment has a extension of nment Scottish Gover link) and the biggest Scottish Gover not rail? The the ic network. The Meanwhile, the officers to of control over suburban electr the funding for two large degree er it is all, re-opening in has provided network, howev project of them rail initiatives rgh ‘domestic’ rail which te community from the Edinbu 1993 promo Act Line sive ys ley Railwa Waver and g on the exten bound by the so lacks to Galashiels s Scotland, buildin of the UK and suburbs south n friends’ group covers the whole ed rail network of ‘statio use a publicly-own . the power to t’s already active SNP Governmen it’s a good news operator. The In so many ways Brown the if Keith er better could be even transport minist Secretary of story, but it franchise with the then ted from the broached this ing and income genera Justine Green y. This isn’t for Transport into the railwa back State going nd was Scotla very firm ‘No’. as it may seem. by was given a so far-fetched ise, managed ship in the of public owner The current franch of the has a tradition nd on behalf n Buses is owned Scotla Lothia ort .

Transp Group, a transport sector Edinburgh , is run by First authorities with Government one with by four local runs a fleet company but cent share. It g has Scottish-based having a 91 per globe. Biddin 2000 the over ing ys and emplo interests spann trains have of 650 buses x profit of Desiro-family it made a pre-ta Dozens of new rk, with all trains due to staff. Last year netwo joined the livery. carry the saltire

20

August 2013

24

November 2013

ic role in the play a dynam Yet if rail is to tant to my, it is impor Scottish econo the benefits from look at wider the build those into franchise and s is s. As that proces bidding proces ercial ‘comm – y secrec shrouded in ude of ty’ covers a multit confidentiali what know exactly l sins – we don’t nancia given to non-fi weighting is

benefits. from the can be hoped The best that sful is that the succes new franchise deliver expected to bidder will be smartcard ct inhibited.’ its including d up the prospe ScotRail specified benef and transport The debate opene d for the new be run already starte on-board wi-fi nment, ail that would ology, Gover ScotR techn sh a Scotti been very of a future Scotland, with franchise. The It could have nd, has invited the people of integration. question Scotla by ort and sting for yees, Transp intere emplo really ne of through ny involving different. The in bids with a deadli mutual compa The SNP n to railways pre-qualification ise will start government. is what will happe delivers a The new franch passengers and , but referendum late August. up to ten ic were not hostile Scotland if the e. The realist for a period of spokespeople way to independenc in April 2015, out of their at ‘yes’ vote for r did they go much ways it’s a missed g neithe many nothin In Whilst bly years.

Government new approach. answer is proba the The SNP-led encourage a profit a period of time opportunity. idea of a from not for ated, first, but over interest in the welcoming bids , made vertically integr had expressed er, Keith Brown ct of a more in recent but minist rk prospe il, the , netwo ScotRa bodies get no ‘not for profit’ ed Scottish rail cool on the such bids would socially-own But even rs to have gone it clear that of a possibility. months appea Green s. becomes more e of Labour and be the special favour ‘no’ there will idea. Yet an allianc for a if Scotland says and the lobbying hard r devolution MSPs has been of the prospect of furthe greater ch, using some typically cost Holyrood having erative different approa Franchise bids likelihood of ped in the Co-op ested rk – so it develo inter netwo l ents be rail the argum I’d TSSA Journa powers over y. £10 million.

Rail Cymru (see Scotland’s railwa Party’s report social really will be to discover a January 2013). sh Parliament on Scotti of TSSA r take the to in A debate key Paul Salveson is a membeand a enterprise able many of the s TOC branch to bid for a during May aired tosh Yorkshire Riding r MSP Ken Macin and logistics that sort of risk or in transport questions. Labou services in visiting profess is currently moment, rail University. He of rail franchise. said: ‘At the Huddersfield £800 million on d at Party aroun rative the Co-ope Scotland enjoy franchise working with il. ment. The rail y-owned ScotRa public invest of that, ideas for a sociall the lion’s share we’ve accounts for problem. As rising to nd £447 million And there’s the West Highla over the ... with last year’s Services on the in the future the recent fiasco near to Bridge million from here bids £511 seen ise seen Line, more than line bid, franch a huge social ownership of issue of the of Orchy, fulfil West Coast main a chance, Tackling the without cars. to the To be in with need for those services goes are expensive. region of businesses and successful, lly invest in the we rebuild a bidders typica have to heart of how economy in If they win, they progressive £10 million. region of sustainable and ly about r cash in the talked recent stump up furthe it all goes case Scotland. I have in unity a bond pursue a comm £25 million as sted to how we should , and I be very intere l for wind farms belly-up. I would is able ownership mode enterprise that e rail franchise a co-operativ discover a social believe that of risk, just to on that sort r step.’ ise. No MSP to take would be a simila for a rail franch , Patrick Harvie mount a bid ar names In the same debate ‘There is it’s all the famili argued that that r Party wonde ail for the Green to be for the ScotR are lining up travelling public , the who for Abellio , a need Stagecoach involved in future contract: First, t train much more fully s and MTL. franchising. Curren National Expres sted that decisions about privaters have sugge nies may be Railway inside ing operating compa which is manag sses, but ort Scotland, seeking busine taking Transp profitbeen has es, sector servic process, ys are public the franchising weight Scotland’s railwa lly ach, giving little should be centra a cautious appro benefits. and the public and economic priorities. I want social the g wider settin to in involved in l for Scotland TSSA Journa s to be open all the option CC BY SA 2 Bods

on Paul Salves

to our rail service ethos restoring a public side of the on the Green business. We will soon that Scotland chamber hope s to change UK ilities, take on the power possib open up new a legislation and r’s option of include Labou which would isee. Such r-profit franch mutual or not-fo moment, but made at the of a bid could be out ialise will not mater realistically it Government needs option thin air. That t be would at presen support, which

21

Remembering my father Thank you most kindly for your text remembering my father in the Journal and especially the photograph that is ‘just right’ as I remember him before his final years.

However, a few details need correcting: Bob was to my knowledge not an RAF Observer – he qualified as Bomb Aimer and Navigator. Apparently, Bob was the only one of his class passing the tough examinations to qualify as a Navigator. For some of his 30 ‘ops’ he also flew in the iconic Avro Lancaster.

I remain a member of TSSA in his honour.

When I was a boy, Bob (as a Relief ‘just about everything’ and later, Loads Inspector) took me all over the north east with him. Try that today!

Bob was a great ‘show rabbit’ man for much of his working life. I’m presently writing-up my own trainspotting days for publication and that will obviously bring my dad to life in the early days at least. I’m now 64 myself – so obviously no time to lose!

Colin Thompson Anglia Number One branch HS2 is too slow Would somebody please tell Manuel Cortes to stop sounding off about HS2?

The membership hasn’t been consulted, and HS2

is certainly not the only way to provide extra capacity on the West Coast main line. There is a capacity problem at the south end of the line but HS2 wouldn’t solve it because Phase 1 wouldn’t be ready for at least 13 years and Phase 2 not until the 2030s.

There are plenty of schemes to upgrade other lines, divert freight and re-open closed lines, all with much better cost: benefit ratios, less environmental damage and which would benefit far more rail travellers.

HS2 is the politicians vanity project and we shouldn’t be jumping on their bandwagon.

Simon Pearson Network Rail North London branch

The Editor replies: As with every other rail policy issue, TSSA officials reflect the position as voted for by delegates at conference, based on the motions submitted by branches. Given the upgrade of the West Coast Main Line took a decade for a comparatively small line capacity increase and the Intercity Express Programme will have run for 12 years before the first new vehicles enter service, second-rate alternatives to HS2 would in many cases not be delivered well short of the 13 years until HS2 opens.