Royal Mail in legal bid to block national Christmas strike : CWU response

Post by **TrueBlueTerrier** » 08 Nov 2019, 07:30

https://news.sky.com/story/royal-mail-i ... e-11857106" onclick="window.open(this.href);return false;

The company is seeking an injunction, claiming there were "irregularities" in a union strike ballot.

Royal Mail is to go to court in a bid to block a strike by postal workers during the looming festive season - its busiest time of the year.

The company, which has been accused by the Communication Workers' Union (CWU) of reneging on agreements covering pay and working conditions, said it would lodge an injunction at the High Court.

Royal Mail said it was seeking an interim order because the "integrity and legal soundness" of the ballot was "vital".

It was to allege several irregularities in the postal ballot process that ran from 24 September to 15 October.

Royal Mail cited a rule under trade union laws aimed at ensuring staff were free to vote "without interference from, or constraint imposed by, the union or any of its members, officials or employees."

It said its application to the court would include "substantial evidence" of violations from at least 72 of its UK sites.

The company said it included the interception of ballot papers before delivery to home addresses and staff being encouraged to open ballot papers on site and to vote in favour of action.

The CWU responded in an initial statement via Twitter:

"Royal Mail have made an application to take us to the High Court.

"They claim there are irregularities with our ballot. We clearly refute this and will be represented."

Royal Mail announced its legal action just over a week after it offered to hold talks with no preconditions, if the union would agree to rule out strikes before Christmas.

It said on Friday: "The company has previously written to CWU on two occasions.

"It provided CWU with the information on which this application is based.

"Undertakings were sought from CWU that, given the clear evidence of breaches of the Trade Unions and Labour Regulations (Consolidation) Act 1992 ('TULRCA'), it would refrain from industrial action.

"No such undertakings were given."

CWU members voted overwhelmingly for walkouts in the ballot but the union did not call strike dates as Royal Mail's dispute resolution procedures were not completed but are due to expire next week.

The company has witnessed growing wildcat action among staff this year.

The CWU says it has broken commitments made last year in several areas, including over shorter working hours and pensions and claims 50,000 jobs are at risk under the company's transformation plans, which include separating its Parcelforce division.

Royal Mail argues it must transform the business if it is to meet the challenges posed by declining letter volumes and parcel growth.

Colleague update you may of seen this morning at work...https://www.myroyalmail.com/sites/defau ... update.pdf" onclick="window.open(this.href);return false;

Deadly · Post by **Deadly** » 08 Nov 2019, 09:09

Absolute desperation on RM's part. Let's hope we get a sensible judge/judges, after all they rejected British Airways challenge to the pilots industrial action.

Bosley · Post by **Bosley** » 08 Nov 2019, 09:13

To: All Branches

Dear Colleague

Royal Mail Dispute – Legal Proceedings
The purpose of this LTB is to confirm to CWU branches, representatives and members that Royal Mail has served notice of legal proceedings against the union. This morning the company is making a formal application to the High Court seeking an injunction to invalidate our national ballot and claim damages against the union. Royal Mail’s claim is essentially based on allegations that the union, its representatives and members, have interfered with the ballot process in contravention of the 2015 Trade Union Act.

The CWU completely rejects and denies this claim in the strongest terms and we will contest the claim at a High Court hearing on Tuesday, 12th November 2019.

It will be clear to all our members and everybody connected with Royal Mail and this dispute, that the CEO and his Board will go to any lengths to deny the democratic mandate of our members to stand together and fight for their future and the very future of UK Postal Services. Instead the company are pressing on regardless with their asset stripping plans to set up a separate Parcels business and let thousands upon thousands of jobs wither on the vine.

At the same time, the company refuses to engage in any meaningful discussions on their plans. We have made it clear that the union is available, including through the weekend, to meet Royal Mail anytime. The union will be setting out our position during the course of the day and providing further information to our members and to the media.

Any enquiries on the above LTB should be addressed to gsoffice@cwu.org. Yours sincerely

Dave Ward Tony Kearns Terry Pullinger

Post by **POSTMAN** » 08 Nov 2019, 09:28

Post

Post by **POSTMAN** » 08 Nov 2019, 09:41

It was to allege several irregularities in the postal ballot process that ran from 24 September to 15 October.

Royal Mail cited a rule under trade union laws aimed at ensuring staff were free to vote "without interference from, or constraint imposed by, the union or any of its members, officials or employees."

It said its application to the court would include "substantial evidence" of violations from at least 72 of its UK sites.

The company said it included the interception of ballot papers before delivery to home addresses and staff being encouraged to open ballot papers on site and to vote in favour of action.

Looks like it was due to all the social media malarkey that was going on.

Ren Hoëk · Post by **Ren Hoëk** » 08 Nov 2019, 09:57

"It said its application to the court would include "substantial evidence" of violations from at least 72 of its UK sites.

The company said it included the interception of ballot papers before delivery to home addresses and staff being encouraged to open ballot papers on site and to vote in favour of action."

All those social media post's of posties lined up at their DO's with their reps posting en masse. Are RM going to say people were coerced to do so?

Post by **cobrakai** » 08 Nov 2019, 10:39

Ren Hoëk wrote:"It said its application to the court would include "substantial evidence" of violations from at least 72 of its UK sites.

The company said it included the interception of ballot papers before delivery to home addresses and staff being encouraged to open ballot papers on site and to vote in favour of action."

All those social media post's of posties lined up at their DO's with their reps posting en masse. Are RM going to say people were coerced to do so?

How is that different to the have your say forms??

world class male · Post by **world class male** » 08 Nov 2019, 10:47

it's a desperate measure RM are taking and one that boils my pi$$
but company rules clearly state you are only allowed to get your own mail before delivery if it's endorsed by a manager, and use of cameras is totally forbidden on their grounds and there were loads of social media posts, i wouldn't put it past them to threaten conduct against those they are using for evidence,
as for the cwu encouraging us to vote yes? what are they supposed to do? we've had their arguments against rammed down our necks, same thing
i saw one cwu video encouraging us to vote, even if it's a no, hardly forcing us, just saying to use your vote no matter,
rules have probably been broken even if trivial but the courts will probably side with them again, especially if they consider the election, which they shouldn't, but?
this could be a massive own goal and need to be thinking of a 2nd strategy in case because rightly or wrongly this is the best time, once into 2020 they won't give a hoot if we go a few days on strike
i'd like to think if we did win on tuesday or whenever the pressure would mount on the ceo to quit or be sacked

Acca Dacca · Post by **Acca Dacca** » 08 Nov 2019, 11:04

cobrakai wrote:
Ren Hoëk wrote:"It said its application to the court would include "substantial evidence" of violations from at least 72 of its UK sites.

The company said it included the interception of ballot papers before delivery to home addresses and staff being encouraged to open ballot papers on site and to vote in favour of action."

All those social media post's of posties lined up at their DO's with their reps posting en masse. Are RM going to say people were coerced to do so?
How is that different to the have your say forms??

There isnt a 'have your say 1992 ACT'

Schiff · Post by **Schiff** » 08 Nov 2019, 11:57

Surely Royal Mail's request for the union to postpone industrial action until the new year implies their acceptance of the ballot result as valid.

Even if we are banned from taking industrial action, I personally will be working my contracted hours each day and not a single minute more. That is a personal decision and not something organised by the union. Others are free to reach the same personal decision.

Post by **POSTMAN** » 08 Nov 2019, 12:19

This included, the company claimed, union members "being encouraged to open their ballot papers on site, mark them as 'yes', with their colleagues present and filming or photographing them doing so, before posting their ballots together at their workplace postboxes".

Royal Mail's procedures state employees cannot open their mail at delivery offices without the prior authorisation of their manager.

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2chorizon · Post by **2chorizon** » 08 Nov 2019, 12:21

Schiff wrote:Surely Royal Mail's request for the union to postpone industrial action until the new year implies their acceptance of the ballot result as valid.

Even if we are banned from taking industrial action, I personally will be working my contracted hours each day and not a single minute more. That is a personal decision and not something organised by the union. Others are free to reach the same personal decision.

I initially thought the same, but from what i gather now RM's request to postpone IA till 2020 mentioned the eveidence of irregularities in the ballot and that they will honour it if postponed or challenge if not.

I dont think we were told about this last week ?

Schiff · Post by **Schiff** » 08 Nov 2019, 13:23

POSTMAN wrote:This included, the company claimed, union members "being encouraged to open their ballot papers on site, mark them as 'yes', with their colleagues present and filming or photographing them doing so, before posting their ballots together at their workplace postboxes".

If so, complete and utter idiots. Hopefully they will all be thrown out of the union. Probably promoted into management positions by Royal Mail.

If the actions of these morons have cost us the chance to take industrial action then I hope that everyone else simply refuses to work with them in future.

daveyeff · Post by **daveyeff** » 08 Nov 2019, 13:33

they'll win their injunction on breach of mail integrity.

Post by **General Mannerheim** » 08 Nov 2019, 13:45

Who's the CWU got representing them in the high court Frank Spencer?