Calmac / Northlink

RMT news – Essential reading for today ’s transport worker RMT is launching a campaign against the tendering of Caledonian MacBrayne ferry services and the fragmen- tation of this publicly owned service. Despite delays in the controversial privatisation, the Scottish Executive recently announced that it intended to proceed with the tendering. The Executive has claimed that it had been forced into tendering by the European Union competition rules. However, the Altmark judgement has cast doubts on the need to proceed with tendering of these essential lifeline services. The European Court of Justice recently considered the case of Altmark Trans, a German Bus Company, and decided that it was not unlawful for the German city of Stendal to renew 18 licenses for the company without a tendering process. The court stated that it was not unlawful for payments to be made to companies providing essential services and they should not always be seen as state aid, as long as the services being provided were clearly defined. Unfortunately, the Scottish Executive has since stated that following consultation with Brussels officials it intends to proceed and establish a separate vessel owning company although they will tender the services out as a whole rather than as individual or groups of routes. RMT shipping secretary Steve Todd said that if the executive wished to protect Calmac services and job security then the costly and unnecessary experiment should be abandoned. “If necessary the Scottish Executive should be seeking to challenge the exercise through the European Court of Justice. “From experience of other privatisations we know that proceeding with this process, and the consequent fragmen- tation of CalMac, will inevitably damage essential services to Scottish communities,” he said. The union intends to build a broad-based campaign, along with the Scottish Trades Union Congress, in an effort to reverse this decision. RMT has written to all political parties and MSPs seeking support for the campaign. The union will also be seeking to arrange a lobby of the Scottish Executive and parliament. The union is also considering a legal challenge to the decision of the Scottish Executive to go ahead with the privatisation of CalMac. Expert legal opinion is currently being sought. AN RMT bid to the Scottish Union Learning Fund to provide learning opportunities for workers within CalMac has been approved by the Scottish Executive. The bid was written by John Slaven, the rail union learning project worker in Scotland, and fully supported by STUC Highlands and Islands Lifelong Learning Coordinator Jacqueline McGuigan and local RMT branch secretary George Lonie. The scheme will support a full-time project worker who will develop a range of educational provision to meet the needs of maritime workers. The industry and the rural communities that it serves have also seen some tough times. Skills shortages within the industry have existed alongside high unemployment in many of the communities they serve. The RMT project worker will be responsible for developing strong community links, addressing many of these problems. Already a good start has been made with RMT members Dan Henderson and Jimmy Meechan being the first two trade union learner reps trained. Developing a network of learner reps within the shipping grades and establishing a learning agreement with the employer, will be combined with building links with other groups. John Slaven said that at the centre of the project was the belief in bringing trade union- supported education to members within the shipping grades. “This can improve not only work prospects, but also peoples’ social and personal lives,” he said. SINCE the transfer of the Northern Isles contract from P&O Scottish Ferries to Northlink, different pay rates have been imposed and there has been continued uncertainty over the application of TUPE. The Northern Isles contract will once again be the subject of tendering due to the failure of Northlink to fulfil the terms of its contract. The union has been pressing for TUPE to apply in order that jobs, terms and conditions could be protected. Recently an employment tribunal concluded that the transfer of the contract to Northlink was a relevant transfer within TUPE regulations. The tribunal stated that staff employed from September 30 2002 were entitled to the same terms and conditions as were applied by P&O Scottish Ferries. It also stated that the length of service with P&O must be recognised by Northlink. RMT has made further representations to the Scottish Executive regarding the Northern Isles contracts over concerns that RMT members will now be faced with a further tendering exercise. The union was angry that it only found out about this decision through the media. In response the Executive said that commercial sensitivity precluded prior warning. It also gave a lukewarm response regarding the application of TUPE by stating that it had no powers on the matter and it was for the courts to determine. RMT shipping secretary Steve Todd said that that the Northern Isles services should be publicly run and not subject to continual tendering exercises. Keep Caledonian MacBrayne public No to multiple pay rates for employees at Northlink Union Learning Fund approval at Caledonian MacBrayne 7