Our Ref: HSR/2/29
Head Office Circular: NP/180/17
8th November 2017
The Secretary
ALL BRANCHES
ALL SHIPPING BRANCHES
ALL REGIONAL COUNCILS
Dear Colleague
Network Rail Life Saving Rules Policy
Further to Head Office Circular NP/169/17, 18th October 2017, we wrote to Network Rail demanding a meeting to discuss the company’s approach to speeding and associated road traffic incidents. We demanded an end to such incidents being treated as gross misconduct and therefore liable to dismissal. The company did not respond to this approach and the matter was placed back in front of the NEC who carried the following resolution:
That we note the report on file from our lead officer regarding what this union considers a further abuse of their Fair Culture policy and commencing disciplinary action against one of our members on a Gross Misconduct charge in relation to a road traffic offence.
Furthermore that we have received no response from the company requesting an urgent meeting to address our continued concerns and position on this matter.
We therefore instruct the General Secretary to inform the company that a dispute situation has arisen between our organisations over this matter.
Relevant Representatives, Branches and Regional Councils to be advised.
We wrote to the company again stating that there was still a chance of avoiding action but it has now been reported to me that our member has been dismissed. The National Executive Committee then carried the following resolution:
That we note the report on file and the latest unjustifiable dismissal of one of our long-standing members which this Union regards as totally unwarranted and a breach of the Fair Culture and Disciplinary policies.
Accordingly, we instruct the General Secretary to:
• Commence a ballot for industrial action for all affected members in Network Rail in Maintenance and Operations on the basis that our members will be instructed to not drive company vehicles
• Withdraw support and involvement in the Fair Culture process by instructing our Representatives not to attend investigatory or panel meeting or ad-hoc meetings in relation to Fair Culture
• Demand an urgent Avoidance of Disputes meeting with Network Rail.
Branches and Regional Councils be advised.
In line with this Decision Representatives should take particular note of the second bullet point and, with immediate effect take no part in in any Fair Culture meetings.
I am acting in accordance with this instruction. Please bring the contents of this circular to the attention of relevant members.
Yours sincerely
Mick Cash
General Secretary