Head Office Circular: NP/134/22
7th June 2022
To: The Secretary
ALL BRANCHES
REGIONAL COUNCILS
Dear colleague,
DEFEND JOBS, PAY & CONDITIONS – STRIKE FAQs
Following today’s decision by the NEC to announce strike dates for 21, 23 and 25 June across the Train Operating Companies and Network Rail, please find below a guide to taking industrial action in this dispute. Please bring this to the attention of the relevant reps in your branches.
Yours sincerely
Michael Lynch, General Secretary
YOUR GUIDE TO TAKING INDUSTRIAL ACTION
Key facts for RMT members
- All RMT members, regardless of grade, are covered by the industrial action ballot result at their company, this includes apprentices and staff on their probation period. Please see below for the full list of companies and the outcome of the ballot at each company.
- You cannot be victimised or penalised by your employer for taking industrial action and it is completely legal for you to do so.
- You do not have to tell your employer if you intend to take industrial action, even if they claim to you that it is a legal requirement to do so.
Below is a guide for RMT members on taking industrial action. If you have questions about the dispute which are not covered below you can email info@rmt.org.uk or call 0800 376 3706.
Who is taking industrial action?
RMT balloted all members at Network Rail and the train operating companies managed by the DfT over their refusals to give protections around jobs, pay and conditions. The law requires that we ballot members at each company separately. The ballots closed on May 24th with members voting overwhelming in favour of industrial action with 71% of all balloted taking part in the vote and 89% voting in favour of strike action.
Members at the following companies voted for strike action and action short of strike action: Network Rail, Chiltern Railways, Cross Country Trains, Greater Anglia, LNER, East Midlands Railway, c2c, Great Western Railway, Northern Trains, South Eastern, South Western Railway, TransPennine Express, Avanti West Coast, West Midlands Trains.
Members at GTR (including Gatwick Express) voted for action short of strike action and are being re-balloted for strike action.
What does going on strike mean?
It means withdrawing your labour. It is a legal and legitimate action in all companies where the members balloted having voted in favour of strike action (these are listed above). Even if your employer tells you that you are in breach of your contract for taking strike action, if you have been instructed to do so by your Union you are entitled to and cannot be victimised by your employer for doing so. Only RMT members are covered by these ballots.
What do I do if I am on strike?
- Excluding GTR all members of all grades, in all locations, are instructed to take 3 periods of 24-hour strike action
- By not working any shift of duty that:
- Commences between 00:01 hours and 23:59 hours on Tuesday 21st June 2022
- Commences between 00:01 hours and 23:59 hours on Thursday 23rd June 2022
- Commences between 00:01 hours and 23:59 hours on Saturday 25th June 2022
What do I do if I am booked onto a shift which starts before the strike action commences but finishes during the strike?
You finish that shift.
What about industrial action short of strike action?
GTR members only in all grades and locations are instructed not to work any rest days or undertake any overtime for the period between 00.01 hours on Tuesday 21 June 2022 and 23.59 hours on Sunday 26th June 2022. Members are instructed that no Rest day Working or overtime is to be undertaken during this period.
I am a management grade, can I go on strike?
Yes – RMT balloted all grades of members and the mandates for strike action cover all grades of members.
I am a train driver, can I go on strike?
Yes – RMT balloted all grades of members and the mandates for strike action cover all grades of members.
Do I have to tell my employer if I am going on strike?
You do not have to tell your manager that you are taking industrial action. The union will inform the companies of the grade and workplaces of who we are calling to take action.
Can apprentices take industrial action?
Yes – RMT members who are apprentices were balloted and are covered by the vote at their company. If any employers tell apprentice members that they are not allowed to take industrial action, this is incorrect and you should inform your union rep.
Can staff on their probation period take industrial action?
Yes – RMT members who are on their probation period were balloted and are covered by the vote at their company. If any employers tell apprentice members that they are not allowed to take industrial action, this is incorrect and you should inform your union rep.
Will there be picket lines during any strike action?
Yes – we will be organising picket lines around the network on any days that strike action is called. We will communicate the locations of these to members. We are producing publicity information including leaflets for passengers to explain why members are taking strike action.
If I am instructed to hand over control of a Signalbox or workstation to a manager who I do not believe is a qualified and competent person to control a signal box, what do I do?
You must follow a management instruction and should not refuse to hand over control of the box or workstation. Log this as an incident in the Occurrence Book if you have a safety concern.
You should advise your local representative or Regional Office of any situation where you believe management are breaching Health and Safety. The union will report all such breaches to the Office of Rail and Road (ORR).
What do I do if I am booked onto a training course which is due to take place when industrial action is scheduled?
If the training course commencing during a period of industrial action, do not attend the course.
Will I lose money if I take industrial action?
You will not get paid by your employer on any dates that you take industrial action. However, one of the key reasons we balloted members is because of the pay freezes and because employers have failed to give guarantees over pay. This is what is really causing members to lose out financially.
If I take industrial action, can this be used against me by my employer in the future?
It is illegal for employers to victimise workers for taking industrial action.
My colleague joined the RMT after the ballot closed, can they still take part in industrial action?
Yes – as long as they are an RMT member by the time any industrial action is scheduled, they are able to take part in the action. If you have colleagues who are not yet RMT members, encourage them to join.
Does the RMT have a guide to what members are lawfully allowed to do so they avoid being targeted by companies for disciplinary action? For instance, in relation to GDPR and the use of social media?
Members are advised to be very cautious about what they post on social media that may be critical towards the company or any of its employees. Social media platforms are public forums, and we have examples of members being disciplined for comments they have made on the grounds of bringing the company into disrepute, irrelevant of how unfair or unjustified we believe those charges were.
All use of data will comply with GDPR.
How will I get updates about the dispute?
All updates, including the timetable for industrial action will be sent via text and email to members. Please ensure we have your correct contact details. If you want to update your contact details or have any other questions please email info@rmt.org.uk or call 0800 376 3706.
Unity House
Tel: 020 7387 4771
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