Our Ref: BR1/4/12
3rd May 2024
Dear Colleague
SUSPENSION, AGUSTIN OCHOA-MEJIA, GROVE PARK DEPOT – CHURCHILL SERVICES (SE TRAINS CONTRACT)
Further to my previous correspondence with regards to the above dipsute, I can now advise you that I have received the following resolution from our Orpington Branch:
“In response to the decision of the National Executive Committee to ballot members employed by Churchill at Grove Park Maintenance Depot for industrial action in support of Bro. Agustin Ochoa-Mejia, Orpington branch held a special meeting on 30 April 2024 to receive a report from the Regional Organiser and to organise on behalf of those members.
This branch thanks the South East Regional Organiser, the General Secretary and all members of the NEC for their strong and decisive action in defence of Bro. Ochoa-Mejia.
Since the NEC declared a dispute between the union and the employer, however, this branch is disturbed to learn that Churchill management have discredited themselves further by summarily dismissing three members of staff from the same location and have threatened to dismiss up to ten more.
This branch believes such actions are intended both to reduce the number of members who might vote 'Yes' in the upcoming ballot for industrial action and to intimidate the remaining members into voting 'No'.
Once again, the reprehensible behaviour of this employer must be challenged if the RMT Union is to defend the interests of its members.
This branch calls on the NEC to:
- request a report from the Regional Organiser at the earliest opportunity pertaining to the threatened and actual dismissals of cleaning grades members of staff at Grove Park Maintenance Depot;
- seek advice from the union's Legal Department concerning the lawfulness of these actions based on the RO's report, with particular regard given to workers' protected characteristics; and
- take further action based on the Regional Organiser's report and Legal Department's advice.”
The matter has been subject to recent consideration by the union’s National Executive Committee who find it concerning to discover that instead of Churchills ceasing its attack against Bro Ochoa-Mejia and fostering better industrial relations at Grove Park Depot, they have instead chosen to discredit themselves further by summarily dismissing three members of staff from Grove Park Depot and have threatened to dismiss up to ten more in an attempt to intimidate our members into not exercising their right to vote in the upcoming ballot for industrial action. These actions and threats against their own employees just reaffirm the position that these outsourced cleaning operations are only concerned with the profits they make and not the people that they employ.
Therefore, the National Executive Committee has instructed me to:
- Request an urgent report from the Lead Officer pertaining to the threatened and actual dismissals of cleaning grade members of staff at Grove Park Maintenance Depot.
- Seek legal opinion concerning the lawfulness of these dismissals based on the Lead Officers report with particular regard given to workers protected characteristics.
Please be advised that the ballot for Strike Action and Industrial Action Short of a Strike, in the form of a Rest Day Working Ban, opens today and will close on Thursday 23rd May 2024. Please make sure you return your ballot paper when you receive it in the freepost envelope provided, to Civica Election Services Ltd.
If you have not received your ballot paper by Monday 13th May 2024 then please contact the RMT Freephone Helpline urgently on 0800 376 3706 or email info@rmt.org.uk where a replacement ballot paper will be sent to you by first class post. Additionally, if you are aware of a colleague who has not received their ballot paper, ask them to call the Helpline number above to update their details and to receive a replacement ballot paper.
I trust this keeps you fully advised on the matter and I will, of course, update you on any further developments.
Yours sincerely
Michael Lynch
General Secretary