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An injunction preventing a crippling national strike was granted to Network Rail
Network Rail has made legal moves to avert a strike by signal workers

Strike ballot 'inaccuracies' claim

31 Mar 2010


Network Rail (NR) has claimed to have uncovered scores of "inaccuracies and deficiencies" in a ballot of signal workers which it will challenge in the High Court in a bid to avert industrial action.

The company accused the Rail Maritime and Transport union (RMT) of failing to comply with the Trade Union and Labour Relations Act of 1992 in the ballot, which showed a 54% majority in favour of strikes.

The case was set to be heard on Wednesday but Network Rail said it would now go ahead at the High Court in London at 10am on Thursday.

The union, which has called four days of action from next Tuesday, the day after the Easter break, said it will strongly defend the legal action. NR said the alleged inaccuracies and discrepancies impacted on almost 300 votes or potential votes.

Robin Gisby, NR's director of operations and customer services, said: "We believe we have uncovered scores of inaccuracies and discrepancies in the RMT's signallers ballot that, in our view, makes it invalid. We want to find a negotiated settlement to this dispute and talks continue but we have a responsibility to the entire country to head off this strike and let people enjoy their Easter break."

NR said the inaccuracies included 11 signal boxes balloted by the RMT that do not exist, with most having been closed for years; 67 locations where the numbers of RMT members balloted exceeded the total number of employees working there; 26 workplaces which were completely missed out, giving RMT members at these locations no opportunity to vote; and 12 locations where there were no operations staff at all, so workers were ineligible to vote.

The company said one of the signal boxes included in the RMT ballot had been burnt down by arsonists a year ago, and added that it had three employees at South Tottenham, where 11 members had been asked to vote, and 24 employees at Crewe, where the RMT invited 33 members to vote.

The company said it is considering its position in relation to a strike by maintenance workers, but added that if it does go ahead it will have almost no affect on services.

Bob Crow, general secretary of the RMT, said: "RMT is putting together an experienced legal team, including some of the most high-profile employment law experts in the country, and we will be mounting the most robust defence possible in the High Court against this attack by Network Rail on our internal democracy.

"This is a scandalous attempt by Network Rail to use the full weight of the anti-union laws to deny our members their basic human right to withdraw their labour and we will fight this assault on our union to the hilt."

Reader views (1)

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Most of the staff on our line seem to spend most of their time lounging around reading the paper or showing off their slightly leftfield customer service skills (a curious mixture of shrugs and misinformation). Talk of a strike therefore leaves me slightly baffled - can we not just replace them with sacks of potatoes?

- John Entwistle, Hertford, England, 01/04/2010 12:11
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