SCOTRAIL, TRANSPORT SCOTLAND AND SCOTTISH GOVERNMENT IN “TOTAL DISARRAY” OVER RAIL SAFETY DISPUTE

RMT helpline 0800 3763706 :: march 2010 :: RMTnews 4 R MT has slammed Scotrail, Transport Scotland and the Scottish government for being in “total disarray” over mapping out a way forward aimed at resolving the current dispute on First Scotrail over the safety-critical role of the guard. RMT has held two days of strike action and is due to hold a third day of action as RMT News goes to press against plans to introduce driver-only operation (DOO) on the new Airdrie-Bathgate line. RMT was responding to claims that Transport Minister Stewart Stevenson is “preparing to meet the union” even though RMT have had no response to a letter sent to First Minister Alex Salmond last week calling for direct talks. The strike action has rock-solid support from members and public concern over safety has been underlined by the potentially lethal door opening incident carried out by a scab manager in Glasgow during the strike. RMT is demanding a full investigation into the incident which the union believes shows the risks with safety that Scotrail are prepared to take. The union has repeated the call for the publication of all correspondence over DOO and the axing of the guards to enable the union to identify who is calling the shots in the dispute. The union is also calling for direct talks with First Minister Alex Salmond and seeking assurances that First Scotrail will not be indemnified by the taxpayer to allow the company to rip up existing agreements on rail safety and the role of the guard. The 2001 agreement that commits Scotrail not to extend driver-only operation remains in force. Advice from RMT’s lawyers confirms that First Group is wrong in law to argue that it is not bound by an agreement with the union made by previous franchisee National Express. Angus McPherson of Drummond Miller has told the union that the agreement is “clearly” protected by the Transfer of Undertakings (Protection of Employment) (TUPE) regulations and remains in force. Mr McPherson cites Regulation 5a, which makes it clear that any collective agreement that is in force immediately before the transfer continues to have effect after the transfer. RMT general secretary Bob Crow said that the situation on First ScotRail was a total shambles. “The triple alliance between First ScotRail, Transport Scotland and the Scottish government is now in total disarray and it has left RMT with no one to negotiate with despite the fact that we are committed to meaningful talks with whoever has the power to engage us on the critical issue of rail safety,” he said. SCOTRAIL, TRANSPORT SCOTLAND AND SCOTTISH GOVERNMENT IN “TOTAL DISARRAY” OVER RAIL SAFETY DISPUTE