I've never suggested the strike wasn't legal. I've just repeatedly pointed out that 59% of those with a voice chose to remain silent. We were told before the ballot that staff were cheesed off with FGW over IEP introduction. It appears though it is just a vocal minority who are holding sway.
Back to the legalities. This ballot would have barely scraped through had the forthcoming legislation been in place. Legislation proposed precisely so a vocal minority can't hold sway.
"Barely scraped through" - let me help you out sir, what you mean to say is that the strike would have been declared entirely legal and would progress in precisely that way it is doing now.
In other news, further talks are apparently ongoing this morning. Results to be eagerly awaited.
Just to respond to some of Yorkie's points - I personally have no issue with Drivers releasing doors, only assuming that the train is fitted with appropriate technology to prevent it being done incorrectly. Make no mistake, on 'old school' DOO there are door incidents aplenty; reported and otherwise. Any candidly speaking Driver will tell you that. But yes, it does of course also happen with Guards at the helm.
The main issue to my mind is the dispatch. This is safer if undertaken by somebody unconnected with the duty of driving the train (regardless of RSSB/McNulty spin), and the reasons for that are both common sense and really rather obvious. The 'industry' came up with a whole new term - "PTI" Platform/Train Interface - to help deal with the significant risk identified with passenger boarding and alighting trains. Transferring responsibility for that area away from Guards and Dispatch staff and dumping it on the Driver, is a watering down of safety procedure. The Driver has other matters to attend to, scanning perhaps 20 separate, small images of doors whilst starting his train is plainly not ideal. Neither is it ideal that those images will cease to be available as soon as the train hits a speed not much more than jogging pace. Who at that point is watching this admittedly dangerous 'PTI'? Nobody. Unless of course we are going to have all of these wonderful new trains crawling out of the platform at a snail's pace. The RMT's demand for not only Guard control of dispatch but also an appropriate opening window through which to carry out this safety function, seems perfectly reasonable if we are to acknowledge and accept the stated risk. There are some frankly bizarre justifications being bandied around for all of this DOO nonsense, the most amusing being that it is safer when there are fewer people involved in a process. What utter tripe. The railway has for generation worked on the principle that everything possible should be checked and rechecked, and dispatching departing trains would seem one of the best examples of that. Is somebody trapped? Is somebody behaving dangerously on the platform (your DOO Driver will not see that until it's an imminent safety risk), is the signal off... We have layers of safety and that's how it has always been, because humans make mistakes and two or even three pairs of eyes minimises the risk considerably.
And finally, the Underground. Yorkie, it isn't overly safe really, is it. That's why they've started putting platform edge doors in. On the 'big trains', we have the 'dispatch corridor', i.e that yellow line. There is no way in this world that a platform resembling a rush hour tube train scrum would be allowed alongside a moving train, and nor should it be. The Underground gets away with it, because that's just 'how it is' and nobody is about to demand the whole lot shuts down for a long while until every station has doors along the platform edges. It isn't a valid comparison to heavy rail.