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ScotRail Industrial Action – Advice to TSSA Members in Merseyrail

8 July 2016

TSSA have been notified by a number of concerned members within Merseyrail that they are being asked to travel up to Scotland and work in the Scotrail franchise area during the ongoing industrial action undertaken by the RMT.

 

TSSA is calling on Scotrail not to ask members to undertake duties normally performed by members of RMT in Scotrail for jobs that could undermine any future industrial action by RMT. You should let TSSA know if you are being pressurised or coerced into “volunteering” for such work.

If you are unsure or concerned please call TSSA Helpdesk on Freephone number: 0800 3282673.

Please advise your colleagues of the situation, tell non-members to join TSSA now for their own protection.

TSSA are writing to Merseyrail Management and Merseytravel outlining our concerns at these tactics and the potential consequences of these actions.

TSSA does not wish to undermine the RMT action.

Safety and legal liability

Members are strongly advised NOT to undertake safety critical duties and activities unless they are fully trained, knowledgeable and familiarised. Members will appreciate the danger of legal liability in the event of an accident or other breach of safety.

Work normally

TSSA members are strongly advised to carry out their normal duties and they should not volunteer to work extended hours arising directly out of or in consequence of the dispute (unless they are contractually obliged to volunteer). Members should not at any time act in breach of their contracts of employment.

Strike breaking

As TSSA is not calling members out on strike, TSSA members are advised to work normally.

Report attempts by management to use TSSA members to cover RMT duties

It is very strongly stressed that in the event that management seek the agreement of, or instruct, staff with the appropriate background to undertake duties normally performed by members of RMT, the circumstances should be reported immediately to the TSSA Helpdesk. This advice applies to circumstances whether or not the individual’s judgement is that they are competent to undertake the duties in question.

Respect for picket lines

TSSA may not lawfully encourage members to take part in secondary industrial action. Members may, however, choose as a matter of individual conscience, not to cross another union’s picket line. Members who so choose should be aware that such action is likely to put them in breach of contract, and may result in their employer taking disciplinary action against them (including dismissal). TSSA will provide advice, support and representation to any member facing disciplinary action in such circumstances.

More advice is available from the TSSA Helpdesk

If you have any questions or feel that you are being asked to do work that you consider being outside of your normal duties, please contacting our TSSA Helpdesk for further advice and assistance. The Helpdesk freephone number is: 0800 3282673

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