I made a point way back in post 441 about agreements between companies and their employees, and whether such agreements have any legal validity if they're not incorporated into contracts of employment. Nobody offered any comment. But going forward I wonder if the unions, not just on the railway, may start seeking to make precisely such arrangements as part of pay negotiations. So for example at the next pay round ASLEF/RMT might say "we want X% + DOO only permitted on routes A, B & C, and all traincrew contracts amended accordingly." Assuming routes A, B & C are already passed for DOO then presumably a ballot over any dispute arising from such a claim would be perfectly valid.
I wonder if unions may also try to get all non-salary benefits enshrined in contract - so that in future TOCs can't take retaliatory action of withdrawing travel passes, free parking, etc. whenever someone strikes. That would seem to me more likely to be something they could convince the employer to agree with than the above.
Like most on here, I think the way this dispute has been handled by GTR has been appalling - they've attempted to bully their staff, and use their customers as pawns (including me - I spend ~£50/week on their service). I wish someone with some clout would make them stop doing this.
When it comes to the issue of DOO itself however, I don't know enough to have a well informed opinion on it. To me as a layman, logic says it is less safe than guard operation when all else remains the same, but I'm sure it's not as simple as that - for instance could the cost of guard operation pay for other safety improvements that would save more deaths/injuries?
If this is as important as the debate on here suggests, then perhaps it's not something that should be left up to companies that have a vested interest in cutting costs (or, in the interest of balance to unions who also have a vested interest). Perhaps a group of safety experts could be convened to examine all the evidence properly, with representation from unions, DfT, TOCs, passenger groups, disability advocacy groups, etc - with both sides agreeing at the outset to accept the result?