RMT helpline 0800 376 3706 :: january 2018 :: RMTnews 7 RMT Three Bridges branch secretary Dave Crawford was instrumental in winning an appeal to the Employment Appeal Tribunal (EAT) which had previously ruled that taking a continuous 20 minute breai was unsafe. Network Rail had argued that it was safer for a signaller to take short breaks rather than the continuous 20 minutes uninterrupted as defined by the Working Time Directive and that it was too expensive to adopt. However RMT solicitor Naomi Linn put it to the appeal Judge that the WTD could not be linked to health and safety as it was adopted by the British legislator to ensure that all workers got adequate rest breaks. She cited a previous EAT ruling that concluded that everybody had the right of a continuous 20 minute rest break for any shift over six hours. She also argued that although Network Rail was attempting to argue that there was period of times when signallers were inactive they still could be interrupted by phone calls from various parties and were therefore effectively on call. After hearing all the arguments, the Judge ruled that David Crawford was entitled to a continuous 20 minute uninterrupted rest break away from his workstation and that the original Employment Tribunal had made an error in law and allowed the appeal. Supporting David Crawford’s case, RMT signaller Peter Lee and his Sussex Coast branch secretary Chris Rodway were in attendance to witness this victory in a long-running battle for workplace justice. Chris Rodway paid tribute to Three Bridges branch for fighting a long battle against this injustice. “My branch was horrified when it learned that signallers’ turns could sometime be as long as twelve hours without a meal break. “That is unsafe and morally indefensible, this is the 21st century and there should be no place for Victorian practices,” he said. The ruling could have far reaching implications for all signallers and the union is waiting to hear if Network Rail will use the right to appeal. SIGNALLING VICTORY Union wins legal appeal allowing signallers meal breaks on turns longer than six hours Victory: left to right Sussex Coast branch secretary Chris Rodway, RMT signaller Peter Lee and Three Bridges branch secretary Dave Crawford celebrate outside the court R MT members working on Orkney Ferries launched industrial action earlier this month in a fight for pay justice. Members began a work to rule after voting by around 80 per cent for strike action with an even higher number backing action short of a strike. RMT general secretary Mick Cash said that the attitude of the company had forced us to put on this action following an overwhelming vote by members and the employers needed to take notice. “The staff on these routes will not sit back while their standard of living is undermined by the company and their anger and frustration was fully reflected in the ballot result,” he said. RMT national secretary Steve Todd also said that Orkney Ferries now needed to show that they are listening. “The union has confirmed a programme of industrial action and we expect the company to start taking this dispute seriously. The ball is firmly in the companies court and RMT remains available for serious talks,” he said. ORKNEY FERRIES TO TAKE ACTION IN FIGHT FOR PAY JUSTICE