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Invensysrail: Companies Response

9 November 2012

Company fail to listen and wonÂ’t increase their pay offer for 2012


History repeating itself?

Throughout this year’s pay negotiations the company have failed to listen to you and your representatives choosing to treat you all with contempt. During the pay meetings they ignored you when you told them you weren’t prepared to accept the 2.5% backdated to April, despite them running their own company ballot! They then sought to tie your representatives hands by bureaucratic means through using a confidentiality clause built into the company council constitution. All of this is very reminiscent of the pay talks during 2011 where the company delayed talks and relied on staff being so fed up of the process that they accepted the pay deal on a slim majority.

After our ultimatum for them to provide an update by Thursday 8 November they have again chosen to ignore your 93% rejection of the current pay offer and 100% rejection of the treatment of you and your company council representatives. They have sought to appease you by not changing their offer for 2012 but simply re-tabling the previous offer of 3% for next year and offering an additional days annual leave that you already receive on a discretionary basis, it will also negatively impact on Part time workers.

This is now not only about pay but about how your employer values you and your opinions. It is obvious that they are unprepared to listen through normal means and have chosen to force your hand. Ultimately this dispute can only be resolved with negotiations but they are currently unprepared to deal with your representatives in a meaningful way. As a democratic membership based body YOU are the union, and through the indicative referendum ballot you have instructed us to resort to stronger means to achieve a positive outcome.

Industrial Action Ballot

After discussing the issues with those company council representatives who are also TSSA representatives and given your overwhelming 93% call for the union to run an industrial action ballot it is clear that this is our only option in seeking to bring the company around the table to propose some meaningful solutions to your dispute. Unlike the company we listen to you!

We are currently sending the company a notice of intention to ballot for industrial action. Due to the current legislation Trade unions must provide 7 days’ notice to the company of their intention to ballot so ballot papers will start going out from Friday 16 November. We will then run a 2 week postal ballot which will close on Friday 30 November. At this point you will be advised of the outcome of the ballot. Assuming the Industrial Action ballot has a majority in favour of industrial action then we would need to give the company 7 days’ notice of any proposed action.

Next Steps

The notification to the company meets the obligations under the legislation by advising them of the total numbers of TSSA members being balloted, the numbers of TSSA members in each workplace and the categories of members and TSSA will provide the grade code that is on your membership record.

At the end of the ballot process we must then provide the company with the outcomes of the ballot and total number of people voting.

When we issue notice of intention to take any form of industrial action we must then provide updated details as per the notice of intention to ballot.

Therefore there are key things that will aid us in this process:

1. If your colleagues wish to be balloted and vote they must be encouraged to join TSSA before 4pm on Thursday 15 November

2. If your contact details have changed you must also notify us before 4pm on Thursday 15 November

3. If you don’t receive a ballot paper by Tuesday 20 November then please contact us (details below)

4. Giving us a strong mandate by ensuring that as many people as possible vote will show the company that you aren’t willing to be ignored

5. Voting Yes and Yes on the ballot form to show support for industrial action will demonstrate your willingness to stand up to their bullying tactics

6. To take part in any proposed industrial action you can join on the day of any proposed action but to maximise the effect the more people that join before 30 November the more it will show the company the support for industrial action if membership increases between notifying letters.

7. You do not need to advise your employer about whether you are a Union member or whether you plan to take any industrial action as the notification letters that we send centrally meet the requirements under the law; you are entitled not to tell them.

To contact us with queries or updates please contact the members helpdesk on 0800 3282673 or via email on

To help us show the company that you mean business and aren’t willing to be pushed around please encourage non-members to join us at please explain to them the importance of making a stand and sticking together.

Together we Bargain divided we Beg!

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