It's a question, but not the key one, which is (I think); was agreement reached or even thought to be needed, for the specific GatEx 12 car operations, or did GTR management assume that the agreement (again, assuming one is in place) for TL 12 car trains would cover the issue? If it hadn't been this 'launch' working, the issue would have arisen, presumably, the first time a 12 car formation was used.
A further question might be; what is different about the GatEx workings in ASLEF's view that sets them apart from the TL workings with virtually the same stock on almost the same route?
Agreed. I think the key question is: is the
length of a train working under DOO arrangements something that is specified in drivers' terms and conditions, and thus if changed, something that requires a consultation or negotiation. If the answer is no, then ASLEF are on a sticky wicket. If it is yes, then GTR probably have a long summer in front of them.
This is a separate issue to whether the 12 coach trains are accepted for use in DOO, which is around safety case management. In this case they must be, as I have been on a 12 car 387/2 that was in passenger service between Gatwick and London (albeit Blackfriars).
There is at least one other operator who had a similar issue with ASLEF recently, where members were instructed not to drive longer trains under DOO, but on an erroneous basis, as train length was not specified in the DOO agreement. Needless to say in that case the longer trains are running DOO now.