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LU - TSSA advice to members who are not themselves involved in industrial action

27 July 2012

After undertaking a ballot, RMT has called upon their members to take part in industrial action short of a strike over their dispute with the Olympic Reward and Recognition.

RMT continue to have problems with the implementation of that agreement and with effect from 00.01 hours on Friday 27 July until further notice, RMT members have been instructed
• Not to co-operate in any way with the counting of Incident Customer Service Assistants (ICSAs) towards the minimum number of staff on duty for a station to be open to passengers.
• Members acting as ICSAs should withdraw from the station and refuse to be counted should the number of station staff fall below minimum numbers.
• Station Supervisors should deploy ICSAs (and Travel Ambassadors) only to duties on the 'unpaid' side of the ticket barrier.
• Station Supervisors should count only London Underground station staff, fully trained, qualified, licensed and familiarised to a minimum of CSA level - not ICSAs - towards the minimum number of staff on duty, and should close (or not open) a station that does not have the minimum number of station staff on duty.
• Should a station fall below minimum numbers, station, revenue control and engineering staff should go to a place of safety.
• Train Operators should not stop at stations which do not have the minimum number of station staff on duty.
• Service control staff should not participate in procedures being carried out at any station which remains open without the minimum number of staff on duty.

NB. The above applies to RMT members only and not members of TSSA. RMT has conducted a lawful ballot for industrial action short of a strike and therefore gives them the protection from being dismissed for taking part.
Your trade union TSSA is not allowed to ask any of its members to take part, or continue taking part, in industrial action unless it had held a properly conducted secret ballot.
The TSSA does not intend to do anything that would undermine lawful industrial action taken by our colleagues in RMT. However, the law relating to industrial action means that as a union we cannot offer actual support to our colleagues that could be perceived as secondary action and which would be unlawful.
In accordance with contractual requirements TSSA members are advised that they should make every endeavor to report for duty as normal.
At work, 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. Members are advised not to agree to undertake any duties that could not be regarded as part of their job description and/or have not in the past been undertaken by them in their current post.
Members should not at any time during the dispute act in breach of their Contracts of Employment and should carry out their normal duties in line with that stated above.
Members should not agree to undertake any additional duties where there is any doubt as to their individual competence, in respect of safety matters. Members will appreciate the danger of liability in the event of an accident or other breach of safety.
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 other unions, the circumstances should be reported immediately to the TSSA. This advice applies to circumstances whether or not the individual’s judgment is that they are competent to undertake the duties in question.
We would reiterate that our members should only work their usual roster, including any regular rostered overtime, and should not volunteer to work any additional hours arising out of the dispute.
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.
If you have any questions or feel that you are being asked to do work that you consider to be outside your normal duties, please contact our helpdesk for further advice and assistance on 0800 328 2673.
TSSA members who have further queries on the above are advised to contact their functional reps or the TSSA Helpdesk for guidance.
 

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