Tube chiefs in strike court plea

 

News in pictures
News in pictures
On Facebook
From the blogs

A Jubilee letter from a republican to royalists

With the Jubilee weekend edging ever nearer Rob Williams offers some help for those Royalists who ju...

GCSEs are a pointless waste of time

A few facts. Last year almost 70% of 16 year olds achieved at least 5 GCSE passes with grades A*-C. ...

Asylum seekers: When the questions tell us so much more than the answers

For the last four years I've been paying my karmic dues (I would say "contributing to the big societ...

Thanks to The Sun, for enriching each of our lives

Those at the super-soaraway Sun are, yet again, making outlandish claims that they’ve changed the wo...

London Underground asked a High Court judge today to stop a Boxing Day strike by Tube drivers in a row over pay.

LU bosses challenged the validity of the strike, called by the Aslef union's leadership over its claims for additional Boxing Day pay, at a High Court hearing in London before Mr Justice Eder.

The union announced last week that it was calling four 24-hour strikes in the coming weeks, claiming LU was offering no extra pay for working the bank holiday.

LU said Aslef was seeking triple pay and an extra day off for working on Boxing Day, adding that the drivers already earned a premium in their annual salary for working on public holidays.

Bruce Carr QC, for LU, told the judge in a written argument that Underground bosses wanted an "interim injunction" to stop the strike.

He said Aslef had called the strike in breach of trade union legislation by balloting members not rostered to work on Boxing Day.

And he said industrial action would cause "substantial inconvenience" to travellers, shops and businesses.

Mr Carr added: "In short, (Aslef) included in the balloting constituency a significant majority of its members who could not in due course be called on to take strike action on 26 December 2011 as they were not rostered to work on that day."

He suggested that Aslef had "secured a false mandate by extending the right to vote to around 75% of members who it could not reasonably have believed would be called on to take part in the industrial action".

Mr Carr argued that there was "little likelihood" of Aslef succeeding at any trial.

But he said an injunction was needed because damages would "plainly not be an adequate remedy" for LU.

"The balance of convenience is overwhelmingly in favour of (LU) which faces losses as a result of the proposed unlawful industrial action," said Mr Carr.

"There is, in addition, the consequence of substantial inconvenience to the travelling public and to the shops and businesses which depend on a Boxing Day service being provided."

In written arguments given to the judge, Aslef said London Underground (LU) was applying to "injunct" strikes called between Boxing Day and February 13 2012. The union said the injunction should be refused.

Oliver Segal QC, for Aslef, said strikes had been called in relation to an industrial dispute over the terms on which drivers were required to work on Boxing Days.

"The dispute is long-running and similar industrial action was taken last year," said Mr Segal.

"The present industrial action was called following a ballot of Aslef's train and instructor operator members working for LU, around half of whom returned ballot papers, of whom 92% voted in favour of the strike action called for."

Mr Segal said LU had raised "several, generally novel, challenges" to the calling of industrial action.

He said: "Indeed, to the best of the knowledge of counsel instructed by Aslef, the arguments raised by LU on this application, which would have general though not universal application if correct, have never been raised, let alone upheld, before."

Mr Segal said it was being argued that a union should only ballot members rostered to work on intended strike days and should not ballot anyone on long-term sick or maternity leave.

He said LU's arguments were "misconceived".

"London Underground confuses 'strike' (in the narrow sense of: not attend for a rostered shift) with 'taking part in a strike' in the wider sense as understood both industrially and by the courts," said Mr Segal.

"That concept is not limited only to employees who are 'on strike' in the sense that they are rostered to work at the relevant time and do not attend for work but includes all employees who associate themselves with the strike with a view to furthering its aims, for instance, by agreeing in solidarity not to cover for rostered workers or supporting the strike by attending a picket line or refusing to cross a picket line."

He added: "Aslef wants, and will seek to persuade, all of its balloted members to associate themselves with the aims of the strike and to take part in it in that wider sense, including, in particular, by persuading all drivers (whether rostered or not) to support the 'concerted stoppage of work' by not covering for rostered colleagues and by attending on picket lines (as happened in 2010).

"Indeed, if LU were right in this case, it would produce the extraordinary result that Aslef would have 2,000 members directly affected by and with the same interest in the relevant dispute ... yet would have to ballot only 30% of them to establish the level of support for industrial action."

He said Aslef was "likely to succeed" at any trial of the issues before the court and called on the judge to refuse to halt strike action by imposing an injunction.

PA

Independent Comment
blog comments powered by Disqus
Career Services

Day In a Page

'I may be deaf, but you can still talk to me'

'I may be deaf, but you can still talk to me'

Being a teenager is hard enough – for those with hearing loss, it can be even more complicated
A right royal trip down the river

A right royal trip down the river

A new exhibition celebrates the glory days of London's mighty Thames
The 10 Best lawn mowers

The 10 Best lawn mowers

From petrol-fuelled to self-propelled
Every second counts

Why does life appear to speed up as we get older?

Matilda Battersby finds out how the clock plays tricks with our minds
Couture on the Croisette: Fashion hits

Couture on the Croisette

The best outfits from the 2012 Cannes Film Festival
Child of the revolution: the Burmese family that democracy brought back together

Home of the free

The Burmese family that democracy brought back together
Cannes review: Canine accolade and Hitler's return are high spots amid the gloom

Cannes review

Frocks, canine accolade and Hitler's return
Robert Fisk: The going price of getting away with murder... would $33m be enough?

The going price of getting away with murder

Robert Fisk: The long view
Principled Skinner rises above the fray

Principled Skinner rises above the fray

Andy McSmith meets Dennis Skinner
Patrick Cockburn: I fear this terrible massacre will be the beginning of a long civil war in Syria

Patrick Cockburn

I fear this terrible massacre will be the beginning of a long civil war in Syria
Hardeep Singh Kohli: For me, it is all about 'Gregory's Girl', a record of first love

Hardeep Singh Kohli

For me, it is all about 'Gregory's Girl', a record of first love
Christian Louboutin: 'I don't think comfort equals happiness'

Christian Louboutin interview

'I don't think comfort equals happiness'
Happy birthday, Hotel Babylon!

Happy birthday, Hotel Babylon!

Hollywood's home to the A-list celebrates 100 years of discreet luxury
Rupert Cornwell: Low-rise capital could finally reach for the sky

Rupert Cornwell: Out of America

Low-rise capital could finally reach for the sky
The secret life of the red carpet

The secret life of the red carpet

As Cannes reaches its climax with the Palme d'Or and the celebrities gather in London for the Baftas tonight, Kate Youde and Jack Dean investigate the real star of the show