Scotrail - RMT Strike Ballot

[kylemore]

This is making the headlines in Scotland - apparently over a dismissed conductor. Scotrail "disputes" RMT's version. Anybody have more info?

 

[scubaclogger]

From The RMT website

Ballot papers will be despatched to members today (Friday 16th November 2012) and the ballot will close on Thursday 29th November 2012.


RMT member Scott Lewis was dismissed by Scotrail for allegedly making “unwanted contact with the passenger”. In fact Mr Lewis was adhering to the company’s own procedure in assisting the passenger and operating the policy in event of non-payment of a correct fare. Management claim that he put the passenger in a state of alarm, but in reality Mr Lewis was just trying to help him purchase the correct ticket. Management have not been able to produce a shred of evidence to prove that Mr Lewis was harassing this passenger or that he failed to comply with correct procedures.

Scott Lewis has worked on the railway for 19 years and in that time he has earned a number of commendations. It is clear to RMT that Scotrail are using their agreed prodedures to attack and victimise their own staff. RMT now have support from ASLEF, Unite and the TSSA to either suspend or withdraw from the Scotrail Assaults on Staff policy, on the basis that the statement of a loyal and hardworking member of staff, clearly following the company’s own procedures, is not believed.

RMT is demanding the immediate reinstatement of Scott Lewis and the union’s executive has instructed an immediate ballot of all our Scotrail members in his defence for strike action and industrial action short of a strike.


RMT General Secretary Bob Crow said:

“Scott Lewis has been victimised and sacked for trying to help a passenger within the written procedures set out in Scotrail’s own policies in what is an absolute travesty of justice. RMT will not sit back and watch while our members are picked off in this fashion by a management who think that they can fire staff without as single shred of evidence to support their case.

“Scotrail are completely abdicating their own duty of care to their staff who are out there working for the company in often difficult conditions. Their ignorance of the basic facts in this case is breath taking.

“Our members across Scotrail are angry and so are members of our sister unions who can see just what an attack on staff this case represents. We will be calling for a massive yes vote for action in this ballot and would call on Scotrail to see sense, reinstate Scott Lewis and show some understanding of just how brutal and unwarranted this victimisation and sacking of an innocent member of staff truly is.”

 

[the sniper]

The RMT could probably get away with a semi-national strike if they could, given how much ill feeling there is in various TOCs across the country from frontline staff towards their management over the view that 'the customer is always right, so watch out or you're sacked'. That's the perception I come across anyway...

 

[ainsworth74]

Is this talking about that incident last year that involved 'the big man' throwing someone off the train?

 

[falcon]

The RMT could probably get away with a semi-national strike if they could, given how much ill feeling there is in various TOCs across the country from frontline staff towards their management over the view that 'the customer is always right, so watch out or you're sacked'. That's the perception I come across anyway...

You are 100% correct.Staff are sick and tired of the customer is always right attitude, even when the customer does not have a valid ticket or does not want to pay for car parking or can not get into a first class lounge with an advanced purchase ticket or miss the train because they are late, and it goes on and on. I don't know why there are any rules on the railway!

 

[MidnightFlyer]

Is this talking about that incident last year that involved 'the big man' throwing someone off the train?

He wasn't dismissed was he?

 

[12CSVT]

You are 100% correct.Staff are sick and tired of the customer is always right attitude, even when the customer does not have a valid ticket or does not want to pay for car parking or can not get into a first class lounge with an advanced purchase ticket or miss the train because they are late, and it goes on and on. I don't know why there are any rules on the railway!

Totally agree there. I could add a list a mile long of thing passengers constantly get away with.

For example how often do passengers get away with being abusive or threatening towards staff (despite it being a public order offence) ? I'd guess it happens at least once a day at every principal station.

 

[Kilted_Scot]

Is this talking about that incident last year that involved 'the big man' throwing someone off the train?

No that was a guard and he is back working now and was not dismissed. This is a different story which hasnt really been publicised apart from through RMT.

 

[ainsworth74]

Thanks for clearing that up for me

 

[falcon]

The story from management side is 'that the Guard said a passenger was not entitled to free travel on scotrail and the passenger said he was'.He complained he felt intimidated by the Guard.That's all I can find out at the moment but it seems very odd the facts are not being presented by either party.

 

[Kilted_Scot]

The story from management side is 'that the Guard said a passenger was not entitled to free travel on scotrail and the passenger said he was'.He complained he felt intimidated by the Guard.That's all I can find out at the moment but it seems very odd the facts are not being presented by either party.

I heard similar although i also heard a hand had been placed on the passengers shoulder, which is why he felt intimidated, the basics as I understand was that the passenger had previously been asked to buy their ticket from the booking office due to the ticket type, as it was not available onboard. They had refused and the TE phoned for confirmation with the booking office that this was the case. The passenger refused to buy an apropriate ticket for their journey and this was the result, I also heard that a member of the passengers family is a lawyer and it was them that wrote the complaint which has put a lean on managements decision.

**This is rumour/what i have been told, I am in no way directly involved what happened**

 

[maniacmartin]

Until either side actually states what they think actually happened and what the ticket types in question were, then its hard to even comment as to who was "in the right". Perhaps both sides are stretching the truth a bit.

 

[jamesst]

Totally agree there. I could add a list a mile long of thing passengers constantly get away with.

For example how often do passengers get away with being abusive or threatening towards staff (despite it being a public order offence) ? I'd guess it happens at least once a day at every principal station.

Fully agree. It's amazing how often the infamous BTP don't want to know when you're staff aswell

 

[PaulLothian]

From today's Herald (http://www.heraldscotland.com/news/...-back-in-sacked-ticket-inspector-row.19492644)

Train operator hits back in sacked ticket inspector row

SCOTRAIL has hit out at union claims a ticket inspector was dismissed with "no evidence" against him, and said staff were being asked to vote for a strike based on misinformation.

The National Union of Rail, Maritime and Transport Workers (RMT) has threatened to cause chaos on Scotland's rail network during the festive season after one of its members, Scott Lewis, was sacked in March over an argument with a passenger on a train to Prestwick.

In a leaflet distributed to ScotRail employees, the union said Mr Lewis was following company procedures for dealing with a "fare dodger" and that management had "refused to produce any CCTV or audio evidence to back up their claim" he had placed the passenger in distress.

"Management will no doubt spread their usual spin but you know the real issue. The Assaults on Staff Policy doesn't work and you are paying the price.

"All the rail unions are now in agreement this policy is fatally flawed and has to be scrapped. This time it was Scott Lewis – but next time it could be you!" the leaflet stated.

However, in a counter-briefing issued to its staff earlier this week, ScotRail insisted CCTV footage lasting more than 15 minutes was shown to the union which "clearly shows S Lewis was intimidating towards a customer".

The train operator claimed the passenger, who was travelling to Prestwick International Airport station to board a flight, was entitled to free travel as part of a promotion by Ryanair.

In an earlier letter to staff, company bosses said Mr Lewis had used the loudspeaker on his Blackberry phone to call the booking office and was told the passenger would be entitled to free travel if his documentation was presented at a booking office.

"Mr Lewis spent a further 15 minutes in discussion with the customer, when he con-tinued to act in an intimidating manner and used aggressive hand gestures in close proximity to him.

"At no point did Mr Lewis follow the correct ticketing procedures by attempting to sell the customer an appropriate ticket for the journey," the letter stated.

Industry sources claim a CCTV film of the incident was shown to Mr Lewis and his union representative Ian Macintyre on three occasions – during the initial investigation, during one of several disciplinary hearings and at a later appeal, in which 25 minutes of footage was shown.

When contacted by The Herald, a spokesman for the RMT backtracked on its initial claim but said the CCTV footage it had seen did not back up ScotRail's version of events and Mr Lewis had been trying to help the passenger.

"Although we have been shown some excerpts from the CCTV we have not had the full tapes released to us and the sections we have seen confirm that not one of the charges levelled by ScotRail against Scott Lewis is backed up with film evidence," the spokesman said.

The union also revealed the ticket inspector had been the victim of a number of serious assaults, including one four years ago which resulted in passenger David Cameron being jailed for more than four months.

"This is a member of staff who had been treated like a punchbag in the course of his difficult and dangerous job and who has now been sacked for simply complying with company policy and for trying to protect the revenue streams that enable First ScotRail to generate substantial profits," the spokesman added.

The RMT ballot for a strike and action short of a strike is due to close on November 29.

Mr Lewis was not at his home in Glasgow when The Herald attempted to contact him.

 

[Geezertronic]

Sounds ridiculous to me. Why can't the RMT just assist the guard in a legal capacity rather than threaten strike action? Have never understood it and never will.

 

[MidnightFlyer]

I don't want to start a riot here, but did a union really just accuse a body of spreading their usual spin? I get an ever so slight sense feeling of pot, kettle, black there!

 

[GB]

Sounds ridiculous to me. Why can't the RMT just assist the guard in a legal capacity rather than threaten strike action? Have never understood it and never will.

Legal proceedings are lengthly and costly with no guarantees at the end of it. Strike action hits the operators hard and quick and it doesn't really cost the union anything in terms of £££. Whether it works is another matter.

Situations like Mr Lewis is exactly the reason why many members are part of unions.

 

[michael769]

Strike action hits the operators hard and quick and it doesn't really cost the union anything in terms of £££.

Don't the unions pay striking members a support allowance - that cannot be cheap.

 

[68000]

And us poor mugs will be ignored in the games being played by the RMT and ScotRail

 

[leedstraindude]

XC Catering and Train managers are being balloted for strike action shortly as well.

 

[Geezertronic]

Situations like Mr Lewis is exactly the reason why many members are part of unions.

So a member of staff is disciplined and fired following video evidence and the RMT think that is cause to strike? Admittedly we don't know the full story, but it seems like the RMT is in that position as well and need to get their facts right before resorting to the fallback of striking

 

[YorkshireRider]

XC Catering and Train managers are being balloted for strike action shortly as well.

Why is this?

 

[maniacmartin]

Off topic, but I couldn't help but chuckle about the name of this passenger he previously had dealings with:

passenger David Cameron being jailed for more than four months

 

[Greenback]

So a member of staff is disciplined and fired following video evidence and the RMT think that is cause to strike? Admittedly we don't know the full story, but it seems like the RMT is in that position as well and need to get their facts right before resorting to the fallback of striking

Maybe the RMT has seen the video evidence and disagrees with the interpretation of it. Maybe they don't agree with the 'facts' as presented by Scotrail. Maybe the disagree with the decision to dismiss, and feel that a lesser sanction would eb appropriate. We simply do not know what they know or think.

 

[GB]

So a member of staff is disciplined and fired following video evidence and the RMT think that is cause to strike?

What did the CCTV "evidence" actually show and was there any audio to go with it?

I'd imagine intimidation is pretty hard to prove just on CCTV alone unless there were clear physical issues.

The guard is a uniformed agent of the company and as such is in a position of authority. Many people when questioned by an authoritative figure might be intimidated, is that the guards fault? Was the alleged issue worthy of dismissal?

 

[michael769]

Maybe the RMT has seen the video evidence and disagrees with the interpretation of it. Maybe they don't agree with the 'facts' as presented by Scotrail. Maybe the disagree with the decision to dismiss, and feel that a lesser sanction would eb appropriate. We simply do not know what they know or think.

Well we know that they think they can tell people that they never saw the video evidence, and then admit that they had when challenged!

That sort of behavior does not really inspire confidence in them.

As for Scotrails side of, while they have not (yet) been found to be making misleading statements one can be sure that they will, like the RMT, have put a slant on their story aimed at supporting their position.

We must remember that this is a conflict between the RMT and Scotrail and both sides will be behaving in a less than objective manner. It is highly unlikely that even combining both of their claims will provide an accurate account. Always remember there are two parties responsible for every industrial dispute and typically both are in the wrong to some degree.

It would be far better if they both stopped acting like petulant children playing at politics and sat down and worked out the compromise that will inevitably end up being put in place to end the dispute anyway, and save both passengers and rail crew a lot of inconvenience and money.

 

[marks87]

Vote was in favour of striking - http://www.bbc.co.uk/news/uk-scotland-scotland-business-20541396

The Bob Crow hyperbole machine in full flow, natch.

 

[michael769]

Not exactly a huge turnout there if the ballot covered 2000 members and 819 voted.

 

[Captain Chaos]

Not exactly a huge turnout there if the ballot covered 2000 members and 819 voted.

More impressive though than the recent Police and Crime Commissioners (or whatever they are called) vote though.

 

[bailey65]

Seems like another crow ego trip the unions seem to have made their minds up even though the full facts are only known by a few, i can't see scotrail taking the decision to sack a member of staff lightly.
The unions should grow up and do what they are supposed to do and mediate,by striking the public get the cynical impression the railway is run just for the benefit of the staff and sod the pain in the ar*se passengers.
Not my view by any means but that is the bad public image the unions and the industry get tarred with every time there are strikes especially this time of year.
I'm not saying who is right or wrong either not knowing the facts it's probably six of one half a dozen of the other.