The Right of Unions to take strike action

 Are Driver only operation (DOO) of Trains a risk to passenger safety? 

The UK rail safety regulator, the Rail Safety and Standards Board (RSSB) has stated that its research found no increased risks from driver-only operation. They state they have 30 years of data which they have analysed. We have found that the driver performing the task does not increase the risk to passengers at all. 

If this is the considered opinion, why is there such a hue and cry by the Rail Unions? The more militant RMT Union is accusing ASLEF, the Train Drivers Union of shafting a fellow Trade Union, by accepting a compromise. This is with particular reference to the industrial dispute involving franchise operator Mersey Rail and the RMT Union where removal of train guards is planned when new Stadler rolling stock is delivered in a couple of years’ time. ASLEF has negotiated an agreement with Southern Rail for replacements for Guards. 

Job security and Inter rivalry in Train Unions – Drivers, Guards and Station staffing? 

To a certain extent the division of labour which this dispute has created goes back to the times prior to privatising the Railways, by P.M. Margaret Thatcher, in the 1980’s. 

Of course, in a sense, safety is at risk, as women passengers on trains have over time complained of harassment on trains. The cameras on board have much to take care of this problem, with the Console in the Drivers’ Cabin able to monitor the passengers in carriages on the train. But, other than action being taken when the suspected incident is investigated at the next station, by Rail Station Staff and Transport Police, it seems, nothing earlier could be done, but alert the Train driver and Station Control? 

 What other action can be in place, for health hazards and security need more scrutiny? 

Train Franchise Companies around UK – modernisation vs passenger safety? 

But the bigger issue, is modernisation of railways. Train Franchise Operators and Network Rail the Consortium, want new technology in keeping with cost and progress. But it appears, Unions members of varied Unions, are in a time warp. They demand that jobs will be lost with Drivers Operated Only trains. Job preservation v Operator Cost-Benefit analysis?  

Unsurprisingly, the RMT union which represents Train Guards are not agreeable, at present willing to negotiate, but one that they have to accept and in effect justify and promote! The dispute is ongoing with little sign of a solution so far despite many RMT strike days.

In the meantime, public are moving on to the roads and other means of transport, a cost to environment? 

The Commons Select Committee on Transport and strike moderation? 

In view of the impasse between the Conservative Government of P.M. Rishi Sunak and the Unions, the Commons Select Committee on Transport invited the three Big Rail Trade Unions involved in strike disruption, over weeks, if not months since autumn 2022, Each Union presented their case to a Question/Answer Session last week before the Select Committee Panel at the House of Commons. It was attended by RMT, ASLEF and TSSA (Train Salaried Staff) Unions. Serious questions have still to be resolved as well as the threatened action by Government to bring in legislation to curtail the right to strike. 

ASLEF which represent train drivers and the infamous Southern Trains Rail franchise, where the most significant dispute over DOO has been taking place over a very long time period, had stated a settlement had been reached with Southern Rail, but were still in negotiation with other franchises, In effect, it looks as if, it buys them out of one dispute. 

What does a “Buy Out” mean in real terms? 

A “Buy Out” could seemingly not be a more appropriate phrase as they, the train drivers, have gained a 28.5% pay rise over 3 years! What’s more, we are told that other than in exceptional circumstances, a second safety trained member of staff (an On Board Supervisor or OBS) will be on board all Southern Trains. It appears that is not all but, an “alternative speak for a train guard”? 

Ironically, the Southern Train dispute was being propped up by the Department for Transport (DfT), who were seemingly out to break Trade Union refusal to accept more DOO trains. Well, it has cost the DfT in the end. Now, Train Guards with a different name but doing a remarkably similar job, will be in place? 

Dispute at Mersey Rail with RMT is still unresolved?

The dispute resolution on Mersey Rail is ongoing with RMT, who probably are motivatedto fight on, if their members will continue to back to prolong strike action.                                                                              

Is there public support for the “Right to Strike” action?

The Guards and indeed the RMT, seem to be holding the public support they have had since the dispute started as rail users, particularly female ones, want to keep an on-board a second person for customer safety reasons. Mersey Rail are only offering this facility on some trains, where problems and disorder seem more likely. On this basis, a resolution of the dispute would seem to hang on Mersey Rail extending the second on-board member of staff to all trains?

Seeing ASLEF and the RMT being caught in a “Divide and Rule type situation,” is very nfortunate. However, sadly Trade Unions too, do have the ability to act in very selfish ways, which they usually claim to be very much the opposite,

Restrictive practices by Rail Unions are not a thing of the past?

What happens in London Underground and around the country is at variance. As a Londoner, used to the Tube which runs without guards, I find it difficult to understand why the Mersey Metro needs them for “safety reasons”. Staff are on duty on central London station platforms during the ‘rush hour’ to control boarding and ensure that trains depart without delay, but we have no guards on the Tube trains, or on the Elizabeth Line in London.

What we are seeing is an example of the old restrictive practices from RMT? The difference on Southern is that the train can still be run if a guard is not available (for example, through sickness) whereas without this agreement, the train would have to be cancelled to the detriment of the passengers. 

Why the right to strike is an inalienable right? 

Passenger numbers on trains into London has dipped this year (probably as a result of the RMT strikes); any continuing decline calls into question the need for more investment in public transport, and hence jobs for RMT and ASLEF members. The RMT may not be seen as a progressive union, but they do have the fundamental “right to strike” and “safety of passengers,” in these disputes. The difficulty with Rail Franchise, is that they inherited restrictive practices of Unions, which they are having difficulty in modernisation with new technology. 

The Rishi Government has rushed in a “Minimum Safety Levels during Strike Action” Bill in Parliament on 10 January 2023. MP’s are due to debate the Bill at a second reading on 16 January, According to the Labour Opposition the proposed legislation will do nothing to end current disputes, instead it is vague and will give Ministers dangerous new powers. 

Positive noises about possible rail strikes resolution is heard in Government circles. 

But according to The Guardian, the new Bill is not only a provocation and a distraction. It is to tickle Labour to be on the back foot. It picks an entirely avoidable fight with Trade Unions across a number of industries, including Transport, Health, Nursing, Ambulance Drivers, Education, Fire fighters, Postal Workers as well as Civil Service Unions., on “what is right, and reasonable during strike action. Call it “Union Bashing” by another name.

Victor Cherubim