Meal allowance for Conciliation staff

The Taff Vale Dispute

THE STORY OF THE TAFF VALE RAILWAY STRIKE

NATIONAL UNION OF RAIL, MARITIME AND TRANSPORT WORKERS

Colleagues,

I am delighted to introduce to you this timely pamphlet produced by Geoff Revell on behalf of the RMT. Geoff is a longstanding member of the National Union of Railwaymen and then the Rail Maritime and Transport Union and is well placed to compile this important reminder of the events surrounding the Taff Vale Judgement; a key moment in the history of our union and of the wider labour movement.

Our history is all the more important because present day conditions call for all the strength, solidarity and clear sightedness shown by our fellow trade unionists in the past. Today there is a massive burden of unjust laws against trade unions, supported by a New Labour Government.

Private management, also supported and extended by New Labour, can be every bit as contemptuous of the workforce as they were in the past. Their decisions are often thoughtless, driven by greed and cruel to the workers and the travellers alike. Our forerunners resisted their employers and unjust laws. They fought great trade union battles. Their conclusion was that they needed a political voice to support their struggle. Despite the most modest of beginnings they took the step to organise a voice in Parliament. It is a path we need to start again.

So I hope you enjoy this pamphlet as much as 1 did. Thanks to all those who contribute to make the RMT the fastest growing union today. We have a proud history and we are on the way to an equally proud future.

Bob Crow
General Secretary


Foreword to The Story of the Taff Vale Railway Strike by John Hendy Q.C.

This excellent and carefully researched booklet tells the story of the strike in 1900 on the Taff Vale Railway in South Wales. That strike led to legal action against one of RMT's forerunners, the ASRS. That legal action resulted in a massive award of damages against the union in a judgment which threatened the same for any union organising industrial action. That judgment influenced political agitation which led to the formation of the Labour Party. That political agitation led to the passing of the Trade Disputes Act exactly 100 years ago. That Act, though it did not grant a right to strike, gave unions legal freedom to organise industrial action for three quarters of a century - until the Thatcher governments. That legal freedom allowed workers to exercise a collective power which went some way to counteract the overweening power of the employer at the workplace. That collective power was largely responsible for the increase in the standard of living of working people and the diminution of the inequalities between rich and poor which marked the progress of the twentieth century until the 1980s.

For the last 25 years however, these achievements have been reversed. And the legal restrictions on the right of trade unions and workers to take lawful industrial action leading to loss of the capacity of unions to defend the interests of their members, has been a principal cause of the decline in the quality of life evident to all. The legal restrictions were imposed by the Tories in the 1980s and 90s and have been maintained since by Labour.

The lesson of Geoff RevelPs booklet is that the trade union movement must once again mobilise politically to change the law to (at least) regain the freedoms enjoyed from 1906. That is why we need a new Trade Union Freedom Act 2006 as a step on the way to securing in this country that which has been achieved amongst our European neighbours and which is enshrined in international laws ratified by the UK: the right to strike.

John Hendy QC 1st Feb. 2006

In 1891 a rabid anti-trade unionist by the name of Amman Beasley was appointed as General Manager of the Taff Vale Railway Company. In 1895 the Company Chairman James Inskip retired, his place was taken by another anti-trade unionist, Mr R Vassall, who believed a trade union to be "a very pernicious body as regards railway companies". Vassall and Beasley were contemptuous of the workforce, had no interest in their welfare and flatly refused to meet with their union. These two men were about to create events that would be a milestone in the British labour movements history.

They began their reign at a time when discontent and anger amongst the South Wales railworkers was reaching a critical point. The 1893 and 1898 coal strikes brought suffering to the railway workers as well as the miners, with the suspension of the guaranteed sixty hour week and lay-offs. The statement "the miners dig the coal out, the railway workers move it" was as true then as in more recent times. The Taff Vale railway workers moved a quarter of the eighteen million tons of coal dug out by the South Wales miners , no coal to move meant cuts in earnings and worse. With the Boer war came a huge demand for South Wales coal to fuel the ships carrying war materials to southern Africa. This resulted in the cost of coal soaring, pit profits increased accordingly and miners were able to win pay increases. However the South Wales railway workers lot did not improve one bit and it must have been galling for them. When the mines weren't producing they suffered, yet when coal production was at a record high their low pay and lousy conditions remained the same, while the cost of living increased.

In 1898 James Holmes a passionate socialist and much respected Independent Labour Party (ILP) member was appointed as South Wales and West Organiser for the Amalgamated Society of Railway Servants (ASRS). On October 1st 1899 at a mass meeting, workers from the Taff Vale, Rhymney, Barry and Cardiff railways formed a Joint Committee of all grades to fight for restoration of the guaranteed sixty hour week and wage increases. James Holmes secured the support of the ASRS leadership for the Joint Committees existence and aims.

On November 28th Joint Committee member and signalman Moses Jones wrote to the Taff Vale asking them to meet a deputation. The company wrote back on December 9th refusing a meeting. The union itself had written to all four of the companies setting out a list of wage demands , they received acknowledgements of the letter from the Rhymney and Cardiff Railways and no reply at all from the Taff Vale and Barry Railways. The union Executive decided to write to the four companies and offer arbitration, should the companies fail to reply within six days a strike ballot would take place, this time all four companies replied but only with letters of acknowledgement. On January 14th 1900 a mass meeting took place at Park Hall Cardiff with two thousand rail workers in attendance. The ASRS General Secretary Richard Bell travelled from London to address the meeting telling them that if they were to win they must be "men of sound calibre, men with backbone, not jellyfish".

To protect workers against 'breach of contract' it was necessary to hand notices in giving employers fourteen days notice that labour would be withdrawn. As all notices had to be handed in at the same time it was the responsibility of the union Executive to organise and hand in the notices. The meeting decided to inform the companies that if they did not meet their representatives within seven days notices would be handed in. Once again the employers merely gave formal replies. On January 28th Bell was able to report to a cheering mass meeting that "between 91 and 97 per cent" of workers from the four companies had handed in notices to the union. In spite of this huge majority Bell then went on to persuade the meeting to allow him to hold off handing the notice papers to the employers, to give them another seven to ten days grace.

The Rhymney Railway and Barry Railway directors agreed to an immediate meeting with a deputation which took place on February 1st and 2nd. The Cardiff Railway agreed to meet a deputation later in the month. These meetings resulted in offers to increase the pay of signalmen and certain other grades by up to four shillings a week. The Taff Vale General Manager Beasley met a deputation of his employees on February 9th, he made small concessions to the rail workers but the central demands for a two shilling a week increase and an eight hour day were refused.

A mass meeting was called for March 11th to consider the offers and the militant rank and file Joint Committee now had a problem, how to re-capture the mood of the previous meetings in the face of a divisive situation, indeed the Barry Railway workers were already in receipt of their pay increases. A resolution was put to the meeting to reject the offers and for a ballot to take place of the workers from the four companies and, providing that ninety per cent or above voted to take strike action, notices would be handed in.

There is no known record of who put that rather questionable resolution to the meeting, but Richard Bell put his militant hat on and spoke as if the situation the men were now in had nothing to do with him. He claimed to be in "a lighting mood", and they would "have to prove what metal they were made of" were they "going to be fools any longer?" he asked. But the unity of purpose of the previous meetings does not seem to have been there. An amendment was put to accept the companies offers as interim ones, a down payment till victory over the Boers was won. Moses Jones snapped back that they wanted "no milk and water patriotism". The ballot result was announced by Bell on 22nd March, those in favour of striking was between 71 and 81 per cent, below the ninety per cent decided at the March 11th meeting. The newspapers mocked the union and the Executive agreed a resolution which "deprecated the result of the ballot and regarded is as a retrogressive move, reflecting no credit on those affected".

The Joint Committee must have realised that they had passed up the chance to show their strength at the 28th January meeting. They decided they would not make the same mistake again, next time the Committee would run things, they would work with Holmes but keep Bell and the Executive at arms length.

The situation at the Taff Vale Railway Company can be described by the end of March as so; the trade union haters of the Taff Vale Railway gloating about what they no doubt saw as a victory over the workforce, a disgruntled workforce feeling more under the bosses boot than they had ever been, a militant rank and file all grades Joint Committee whose leadership was seething with anger at a wasted opportunity. It was like a tinder box waiting for a spark. That spark turned out to be a signalman from Abercynon named J Ewington.

Signalman J Ewington.

Ewington had worked on the Taff Vale Railway for twenty years, was forty five years old, lived at Abercynon and had ten children all under seventeen. His wife was ill, three other members of the family were caring for her and helping out with the children. Ewington was also a leading member of the local ASRS, a colleague of all grades Joint Committee leader Moses Jones and had won the respect of his fellow workers. At the height of the agitation in February and March 1900 J. Ewington led a delegation to meet with Taff Vale General Manager Beasley. It is not known what took place at that meeting between the passionate trade unionists and the union hating Bcasley. However it is known that on April 28th Ewington was informed by his stationmaster that he was being promoted away from his signal box at Pontycynon, he would work at Treherbert box for an extra 2 shillings a week and he was "obliged" to accept the promotion. Trehcbert box was sixteen miles from his present home, he would have to move house. The company were to later claim it was normal practice to forcibly promote signalmen.

This was one of their many lies. On being told of his move Ewington wrote to his Line Superintendent W. Harland pointing out his distressful domestic situation. He argued that a move of home would curtail help being provided to a very sick wife, cause great expense and make life even more intolerable. Harland replied through Ewingtons stationmaster, he refused his request to remain at Pontycynon stating that "it is not a question of what Ewington wishes, he is required to move to Treherbert and must be removed forthwith".

Poor Ewington then became seriously ill with rheumatic fever and was off sick from May 10th. When he returned to work on 24th July he found that not only had the post at Pontycynon been filled by someone else but so had the one at Treherbert. To fill a job when a man was off sick was unheard of, he requested and got an interview with Line Superintendent Mr W. Harland at his office. After listening to his plea Harland told him that he had brought trouble on himself for "continually causing disturbances amongst his fellow workers" and that he should be ashamed.

The cat was now out of the bag, Ewington wasn't being moved for reasons of a promotion, he was being viciously victimised for being a trade union activist. When in December 1902 the whole incident was examined in detail by Mr Justice Wills in the Kings Bench Division, Beasley and prosecuting counsel managed to stop two witnesses, Messrs Ponsford and Black, from being called to give evidence. They would have apparently been asked under oath to give the real reasons for Ewington being moved. In addition to this the court was told that a letter from W. Harland to Mr Ponsford which would have also shed light on the truth of Ewingtons treatment had been 'lost'. In his summing up Justice Wills made it perfectly clear he believed Ewington to have been victimised.

Having gained nothing from his interview with Harland, Ewington now asked to meet with the Taff Vale Directors and accompanied by two fellow workers he met three of them. Their decision was to offer Ewington the post of sick relief signalman covering seventeen boxes in the Aberdare valley on the same wage. It would have involved walking two or three miles each morning but he would not have to move house. Ewington sought advice from the Joint Committee who advised him to refuse the Directors offer. From their point of view here was a man whom, despite his awful domestic situation, had given time and energy to fight their cause, for this the Taff Vale bosses were attacking him and his family. Ewington had stood by them, now they would stand by him. He accepted the Joint Committee advice, put his refusal of the Directors offer in writing and demanded his old job back at Pontycynon.

The Taff Vale Strike

Since the set back of the Joint Committee in March James Holmes had been busy building a movement for better pay and conditions. On 29"' July at a mass meeting held in Pontypridd a resolution to demand increases in pay for signalmen, brakesmen, shunters and guards was enthusiastically carried. Ewingtons' case was also put to the meeting and a resolution was passed stating that if Ewington was not reinstated in his old job by August 61 ', notices would be handed in. Holmes gave a fiery speech saying that if the men had any grit they would not allow the company to beat them again, "lt was not a matter of intelligence but courage" he said.

The Taff Vale men were now stirred up for a fight but Holmes was concerned that notices would not all be handed in at the same time, lie used the Joint Committee to voice his concerns and even wrote a letter to the South Wales Daily News advising the men not to hand their notices in till August I3th. Hut Holmes attempts to control the situation failed and on August 5th 363 notices-, representing less than a third of the employees were handed in, these would In­due to expire on August 19th. Four hundred more were handed in a week later due to expire on August 26th, so there could be no simultaneous withdrawal ol labour without being in breach of contract. Not only that, the unions rulrs, demanded E.C. approval for the handing in of notices and Bell is reported to have been furious with Holmes.

On August 17th the Cardiff Chamber of Commerce intervened and asked Beasley if he would meet with Holmes and an all grade deputation replied that he would meet any reasonable number of "the company's servants" but would not meet "officially or unofficially any person nol in the company's service". Holmes offered independent arbitration, Beasley refused. Holmes then offered Beasley a delegation representing all the grades without him being present, but his presence was the delegations first demand so Beasley refused to continue.

Richard Bell and the Executive Committee had paid little attention to the South Wales rank and file movement since the March ballot, but on August 17th Bell rushed to Wales. Armed with a letter of support for an interview from the President of the Board of Trade he tried to meet with Ihe Taff Vale Chairman R. Vassall but was rebuffed. Bell returned to London and arranged a special meeting of the union Executive for Sunday August19th. Two delegates from the South Wales all grades Joint C'ommittee were present at what must have been a lively meeting, it went on for six and a half hours. Finally an amended resolution, opposed by Bell, was carried by seven voles lo five, it read as follows:

'The executive have just decided, after hearing the evidence of a deputation from the Taff Vale railwaymen, and seeing the correspondence relating to the dispute, they cannot but conclude:

· That the conduct of the men taking action prior to obtaining theconsent of the Committee was most condemnatory.

· That by the removal of signalman Ewington the management of theCompany have acted arbitrarily and have incited the men to theirpresent act.

· Having regard to both sides of the issue we, as the Administrators of the Society, decide that every effort be made by the General Secretary and others we may appoint to bring the dispute to a speedy termination.

We have after careful consideration hereby decided to support the men financially.'

The Executive had decided that the rules of the ASRS had been broken. But the men had been pushed to this by the bosses so the union would stand by them in every way including financially.

Whilst the Executive in London were still hotly debating their resolution a mass meeting of 1,300 railworkers was taking place at Pontypridd. James Holmes told them that the only arbitration that would now take place would be "the tribunal of rusty rails and rusty wheels". When a resolution was put that the men would stop work as one body at midnight almost every hand went up in support. The meeting had not yet heard of the Executive decision so in fact the mass meetings decision was to strike irrespective of any financial support from the B.C.

At midnight of August 19th 1900, 1,327 workers went out from the employment of the Taff Vale Railway. Of these, 363 had handed proper notices in, 400 had inadequate notices in, and 564 had put no notices in at all. The picketing that took place is said to be the best organised in any railway strike in Britain with no coal trains running on the first day. Seventy per cent of Taff Vale income came from moving coal yet still Beasley refused to meet Bell, who by now wanted a settlement at any price. Beasley didn't meet with Bell because he had already laid plans to import scab labour to break the strike, he was committed to those plans. He wanted to show that the only way to deal with the evilness of trade unions was to go to war on them. If the ASRS organised railworkers wouldn't work for him then he would raise a new workforce, from outside. To further show he meant business he ordered strikers and their families who rented company cottages to vacate them 'forthwith' and the evictions were carried out even though the rents had been paid for that week.

The Scabs

Beasley, seeing the way things were going at the beginning of August had placed adverts in the majority of newspapers offering employment on the Taff Vale Railway. The company had also been persuaded by Beasley to take out membership of the National Free Labour Association (NFLA) based in London. This outfit was reputed to have broken 300 strikes by the use of scab labour. The NFLA leader, William Collison, undertook to "break the back of the strike in forty eight hours" for a fee of £100. The NFLA had been asked to form an army of strike-breakers to deal with a threatened strike on the Great Eastern Railway, however the strike had not taken place so 197 of these men were sent to the Taff Vale. The men recruited by Collison were often unaware of why they were being employed, like the one interviewed for the South Wales Daily News:

'I was in a lodging house in Kings Cross Road. A gentleman walked in at half past nine and said "Do you want to work? I said "Yes. He said "Come and have a quart of beer". I said "That's me." So when I went he said, "Have you got any mates? I said "Any amount" and I fetched fifteen and we had a good soak of beer and plenty of tobacco. We went by the underground to Addison Road and from Addison Road he gave us a ticket and brought us to Bristol. We got into the train again and came to Cardiff. When we got to Cardiff they locked us in on both sides. A young fellow came up and said "Do you know what you are doing?" and gave us a bill. I said "It's a strike!" and then someone shoved him away. The officials asked me to do some labour, and I said "I don't know how to do it."

The strikers were brilliantly organised and readily took on the threat posed by the NFLA. Beasley attempted to sneak the strike-breakers in during the early hours of the morning, but the strikers laid detonators on the rails to warn them of any trains approaching. All the area ASRS branches were mobilised to intercept and return the strike-breakers. Penarth Branch accounts shows the following item of expenditure 'Cab, blackleg to Cardiff; dinners self and clerk; two old drivers to Cardiff and dinners; blackleg and escort to Weston-Super-Marc; Pier tolls and refreshments; refreshments for blackleg gang 17 in number brought from Cardiff to discharge boat.

Merthyr Tydfil branch books tell a similar story with: 'blackleg J. Dawson, Is 6d; capture of two blacklegs at Merthyr station and escorted to headquarters, Cardiff 7s 3d.' Bell himself persuaded a gang of forty men to return to London from Cardiff, they were fed then put on the next available train. There is no record of any man sent back returning again.

There were a hardcore of 847 pickets working day and night, they were paid 6d for a shift of eight hours. They put thick grease on the rails, stormed locomotives, uncoupled the carriages, cut telegraph wires and made their presence heavily felt in the towns. Taff Vale chairman Vassall said later that the pickets were 'pretty well everywhere where you turned a corner'. Some strikers and their families were homeless, 208 of them were being proceeded against legally by Vassall and Beasley for breach of contract, hired scabs were in the towns with police drafted in to protect them, it is therefore hardly surprising that there were acts of intimidation and violence. These acts ranged from verbal assault, rough handling, stone and rotten egg throwing to more serious physical attacks. Holmes himself was injured twice trying to stop violent assaults by pickets. At Cathays yard "the premises were forcibly entered by a body of men, who assaulted the man in charge and damaged the company's property", prompting the company to offer a reward of £100 for the conviction of "the delinquents responsible".

In all the NFLA sent 400 men from all parts of the country to break the strike, of these all but 192 were either persuaded to return or deemed not fit for railway work. Beasley was frustrated and angry and informed the company solicitors that he wanted to seek an injunction to restrain Bell, Holmes and the ASRS from 'watching and besetting' the company premises, the Great Western Railway station at Cardiff and the 'non-strikers' residences. The lawyers view was that Trade Union Acts of 1871 and 1876 ruled out action against a trade union under its registered name. But Beasley would have none of it, he knew of the Lyons vs. Wilkins case decided on in 1898 by Mr Justice Byrne. The judge had ruled that picketing in the form of 'watching and besetting' was illegal and calling someone a 'blackleg' was a form of intimidation not permitted by law. Beasley had obtained a circular put out under Bells name which was worded as follows:

STRIKE ON THE TAFF VALE RAILWAY

Mens Headquarters Cobourn Street Cathays

There has been a strike on the Taff Vale railway since Monday last. The management are using every means to decoy men here who they employ for the purpose of blacklegging the men on strike.

DRIVERS, FIREMEN, GUARDS, BRAKESMEN AND SIGNALMEN ARE ALL OUT.

Are you willing to be known as a BLACKLEG?

If you accept employment on the Taff Vale that is what you will be known by. On arriving at Cardiff, call at the above address where you can get information and assistance.

RICHARD BELL General Secretary.

Beasley handed the circular to the solicitors and instructed them to proceed.

The end of the Strike.

Throughout the eleven days of the strike Richard Bell made strenuous efforts to get a satisfactory settlement for the strikers. His efforts were frustrated by Vassall and Beasley who refused to meet him. Then on August 24th a Mr Hopwood from the Board of Trade arrived in Cardiff to try and broker a settlement. At the same time two letters appeared in 'The Times' newspaper. One was from James Inskip the former Chairman of the Taff Vale Railway heavily criticising the directors for not meeting with Bell and perhaps averting the loss of hundreds of thousands of pounds. The other letter was from Sir W. T. Lewis who was described as one of the most influential industrialists in Cardiff, he wanted a Conciliation Board for the South Wales Railways. With these heavy guns from their own world pointed at them the Taff Vale Directors decided to make concessions. The next day with Hopwood acting as go-between they published terms for a settlement. They agreed the case of Signalman Ewington go before the Board of Trade for arbitration, they undertook to re-employ as many as possible of the strikers immediately, all of them within two months and to guarantee them full pension rights; the claims of the men would be considered in various grade deputations and the legal proceedings taken against those in breach of contract would be abandoned.

On August 27th Hopwood returned to London with the strike still on. The two months difference in re-employing the men was because the company would not get rid of Collisons scabs immediately. The mens Joint Committee would not accept strikers being unemployed for two months while the rest of them worked alongside the hated blacklegs. Informal conversations between the Taff Vale Vice-Chairman Mr Russell Rea, Sir W T Lewis, Richard Bell and James Holmes kept the attempts to settle going. Eventually an agreement was reached acceptable to the men. The company agreed to take back all strikers within one month; to accept the Board of Trades arbitration on Ewington; to guarantee the mens pension rights and stop all legal proceedings against the strikers. A Conciliation Board would be set up for the South Wales railways 'if possible' by 31st October 1900 and the men's claims placed before it. On September 1st 1900 normal services and operations were resumed on the Taff Vale Railway Company, who then proceeded to immediately break all the terms of settlement.

Signalman Ewington got his arbitration from the President of the Board of Trade who found that he had been treated "quite liberally" by the company. When Ewington asked what his position was within the company Harland told him that he had refused the offer made to him before the strike, so that was that. Ewington left the employment of the Taff Vale and became a coal miner.
October 31st came and went with no sign of a Conciliation Board being set up to hear the demands of the men. On November 6th the directors accepted Beasleys advice not to agree a Conciliation Board as it would 'depute the management of the staff to an outside body'.
In February, over four months after the strike, seventy six of the blacklegs imported in by Beasley were still employed by the company. On January 28th Beasley met an all grades deputation of the men and informed them that it was now company policy to retain the services of the imported labour at all costs. The proposed Conciliation Board was not even discussed.

The Taff Vale Judgement.

On exactly the same day the strike ended the company's application for an interim injunction to restrain Bell and Holmes from all forms of picketing except "the communication of information to non-strikers" came before Mr Justice Farwell who granted an injunction stating that Bell had 'put his name to an improper circular', which was 'a distinct threat to imported labour'. On Sept 5 1900 he made a further statement extending the injunction to the union itself and declaring that unions could be sued for damages caused by a strike:

"Has the legislature authorised the creation of numerous bodies of men, capable of owning great wealth and acting by agents, with absolutely no responsibility for the wrongs they may do to other persons by the use of that wealth and the employment of those agents? I do not think so", he said.

Although the strike was over the serious implications of Mr Justice Farwells decision would have to be dealt with. The Executive immediately instructed Bell to write to the TUC pointing out the ramifications for all Trade Unions if the decision were allowed to go unchallenged Within twenty four hours of the judges statement the TUC passed a resolution instructing its Parliamentary Committee to write and warn all unions of the dangers posed by the decisions and to give contributions to finance an appeal.

On November 12th the unions appeal was heard by the Master of The Rolls, Lord Justice Collins and Lord Justice Sterling. To the relief of the entire trade union movement the judges unanimously agreed to uphold the appeal and Mr Justice Farwells decisions were reversed. However, against his own solicitor's advice Beasley decided to appeal to the House of Lords. It took till July 22nd 1901 for the five law lords to reach their decision, they found unanimously in favour of The Taff Vale Railway.

In settlement of the strike agreement had been reached that the company would not pursue the strikers legally, but there was no mention of the legal attack against the union. Bell and the Executive waited for the Taff Vale directors to act and it looked for a time that they had decided not to. However on December 13th 1901 a claim for damages against the ASRS was lodged by the company.

A further complication now arose. ASRS General Secretary Richard Bell and South Wales and the West Country organiser James Holmes disliked each other intensely. Bell was an average speaker whereas Holmes was 'the best orator the ASRS had'. Bell had sought a seat in Parliament on a Liberal ticket, was moderate and 'calculating'. Holmes, a passionate socialist and active member of the Independent Labour Party, 'wore his heart on his sleeve'. They hardly spoke to each other.

Bell held Holmes to be partly to blame for the situation the ASRS found itself in and set about separating Holmes defence from the union and its other officers. Bell contacted officers of Accrington and Liverpool branches and furnished them with a list of activities carried out by Holmes during the dispute which were in violation of the unions rules. These branches dutifully appealed to the Executive that it should refuse to pay for Holmes defence. When the executive turned the appeal down the two branches sought and were granted an injunction against the union to restrain it from spending union funds on the defence of Holmes.

A meeting was called at the Maskells Hotel Cardiff attended by Holmes, local trade union leaders and councillors. The decision was taken to make a national appeal to trade unionists to finance Holmes defence. Two thousand circular letters were sent out raising £436-Os-4d. A second fund-raising committee was later constituted and further appeals took place resulting in a total of £1,172-11 s-6d being raised, enough to cover the defence costs, posting and printing.
The hearing for damages against the union totalling £24,626 took place in the Kings Bench Division of the High Court of Justice, presided over by Mr Justice Wills, it lasted from 3rd to 19th December 1902. Holmes was criticised by the judge in his summing up as guilty of "conduct impossible to excuse". The jury took just ten minutes to find on all counts against the ASRS. Out of court discussions reduced the amount to £23,000 which was paid on 23rd March 1903, however the total cost to the union came to a staggering £42,000. Today that amount of money would be equal to £2,430,000.

The decision of the Lords was applauded by bosses up and down the country. Vassell told a shareholders meeting that year 'the importance of the judgement could not be exagerated'. During a strike it would be possible to carry on with business so long as an alternative suitable workforce could be found who would now be free of 'intimidation' from the unions. If the unions could be held to have acted in an unlawful way they would have to pay losses to the company from their funds. This meant 'their power to promote and engineer strikes' would be crippled. The London newspaper ECHO commented: 'A strike under these conditions becomes nearly impossible and without the right to strike, however cautious it may be in using it, a union is impotent'.

A grateful Taff Vale Railway Company gave Beasley a gratuity of £1000 "In recognition of his services". A year later an 'Employers Testimonial Committee' gave him another £1000, a pair of silver candelabra and a pendant brooch for his wife. In May 1903 the Council of the Railway Companies Association made a contribution of £5,000 to the Taff Vale Railway Company towards their legal costs. According to its chairman the Taff Vale company that year paid its shareholders 'the highest dividend on any railway in the country'. Beasley and Vassal! were both proud of what they had achieved.

News of the Law Lords decision was received with dismay by trade unionists everywhere. It meant that strikes were legal but almost all forms of picketing, necessary to make the strike effective were not. A union could be sued for damages caused by a strike. Some even asserted that the idea of the right to have a trade union was now to be seen as an illusion. The fear felt by the unions can be seen in the fact that, in spite of rises in the cost of living, the number of strikes each year were half that of the years in the preceding decade.

However, the duplicitous Beasley and Vassals' days of being the darlings of the boss class were numbered. They were responsible for bringing about the Taff Vale judgement, but they had no control over reaction to its consequences.

The Phoenix Rises from the Ashes

In those times the majority of working class people voted Liberal. The four ASRS General Secretaries of the nineteenth century were Liberal supporters and this support was not confined just to the ASRS, other unions were the same. Trade union leaders who ran for parliament in constituencies that had a significant union presence sought sponsorship from the divisional organisations of the Liberal Party and were known as 'Lib-Lab' candidates. The parliament of 1892-5 had ten of these 'Lib-Lab' MPs. In those times the majority of working class people voted Liberal. The four ASRS General Secretaries of the nineteenth century were Liberal supporters and this support was not confined just to the ASRS, other unions were the same. Trade union leaders who ran for parliament in constituencies that had a significant union presence sought sponsorship from the divisional organisations of the Liberal Party and were known as 'Lib-Lab' candidates. The parliament of 1892-5 had ten of these 'Lib-Lab' MPs.

At Bradford in 1893 the Independent Labour Party (ILP) was formed, a socialist party that had a policy of total independent Labour representation in parliament and its influence was strong in the ASRS. As early as 1894 the ASRS President urged the AGM at Newport to 'raise one common standard for the cause of labour, alone clear and distinct from either of the two main political parties' and by 1899 ILP policy was firmly endorsed by the ASRS. The socialists influence at the TUCs' annual congress had been growing, they made passionate speeches that carried the day at a time when there was no 'bloc vote'. Indeed, along with successfully excluding the participation of Trade Councils and individual politicians, the TUC introduced bloc voting in 1895 because a show of hands favoured the fiery socialist speakers. Nevertheless ASRS organising secretary and socialist James Holmes successfully moved the resolution at the 1899 TUC held at Plymouth that led five months later to the formation of the Labour Representation Committee.

Whilst the ILP policy was supported by the ASRS majority this was not the position of the other unions. The ASRS virtually sponsored the February 1900 London meeting which decided to form the Labour Representation Committee (LRC). The union had a delegation of four amongst whom was the editor of Railway Review, George Wardle, who seconded the vital resolution in favour of 'a distinct labour group in Parliament who shall have their own Whips and agree on their policy'.

The ASRS, the Gasworkers and Steel Smelters were the first to affiliate to the LRC, but the unions were divided, only a third of all trade unionists were represented at the London meeting. Important organisations like the Textile Workers unions remained aloof and, apart from Lancashire and Cheshire, the Miners Associations were unenthusiastic or outright opposed. The powerful Yorkshire Miners Association position was an indication of the mood. Addressing the miners' membership its annual report stated - ' We should like to ask our members why we should be called upon to join an association having only one object in view, viz. that of providing means for other trades to send representatives to the House of Commons. Why should we be called upon to find money, time or intellect to focus the weaknesses of other trade unionists to do what you are doing yourselves?'

The inaugural meeting itself rejected a proposal to levy the unions a rate of one penny a member because it was held to be 'premature'. When a year later the first annual conference of the LRC took place ILP delegate Philip Snowden spoke of the 'feeling of despondency' at the meeting, that 'it looked as if this new effort was going to share the fate of previous attempts to secure the direct representation of labour.'

The Taff Vale judgement was to shake the trade unions out of their political complacency. Within two weeks of the judgement Ramsay MacDonald, acting on behalf of the LRC, wrote to every trade union stating that 'The recent decision of the House of Lords should convince the unions that a Labour Party in Parliament is an immediate necessity'.

Realising their situation the trade unions now rallied to the LRC. By 1904 Affiliation rose dramatically from 41 unions with an overall membership of 375,931, to 165 with a membership of 969,800. The LRC annual conference in 1903 agreed by a large majority to adopt the same resolution for a levy of one penny per member they had rejected at the inaugural meeting. The same conference went further by agreeing to pay a quarter of the returning officers fees occurred on behalf of approved LRC Parliamentary candidates. In the days when MPs did not receive a salary it was further agreed to pay a wage of £200 per annum.

These decisions meant that the LRC was able to finance more candidates in the coming General Election. The increase in affiliation meant the LRC had a potential three quarters of a million votes behind them and they used that fact to bargain with the Liberals. That bargain was that in a limited number of constituencies a three cornered contest was to be avoided. The January 1906 General Election resulted in a landslide for the Liberals. The LRC fielded fifty candidates with victory for 29 of them, up from two at the previous election.

The new Liberal Government proceeded to draft a bill based on the findings of the 'Royal Commission on Trade Disputes' set up by the previous Government and now just published. The Commission did not have a single trade unionist on it and with just one member favourable to Labour (Sydney Webb) it offered the unions little. However the Governments own supporters rose in significant numbers to say they had made pledges during the election campaign to give wider protection to unions than those contained in the draft bill. Keir Hardie seized the opportunity and produced another bill - The Trade Disputes Bill- which was passed, the government unable to 'resist the numbers pledged to it'. Even some Tories supported the bill and it passed through the Lords with no problems, but not because of any wish on their part for social justice. Much was happening in Britain and Europe with socialists agitating for the end of capitalism, revolution itself was felt to be a possibility. As one Tory said "If they are denied the right to strike then what else may they do to achieve their aims?"

The '1906 Trade Disputes Act' fully legalised peaceful picketing. Workers could not have legal action taken against them for 'breach of contract' if it was done in pursuance of a trade dispute. Trade union funds would now be fully protected. The biggest victory was the clause that exempted trade unions from legal action:

'An action against a trade union whether of workmen or of masters, or against any members or officials thereof on behalf of themselves and all other members of the trade union in respect of any tortious act alleged to have been committed by or on behalf of the trade union , shall not be entertained in any court.'

Trade union solidarity had seen The Taff Vale Judgement was no more.
It is true that the South Wales railworkers did not deliberately set out to make history , nevertheless the importance of the their role cannot be overstated. If the events in South Wales had not happened there would surely not have been a '1906 Trade Disputes Act' as we know it. It is more likely the Conservative Governments 1903 'Royal Commission on Trade Disputes' recommendations would have formed the basis for new laws to harness the unions. The '1906 Trade Disputes Act' greatly strengthened the trade unions, giving them greater confidence to organise and fight.

However, more than that the Taff Vale Judgement created an understanding by trade unionists of the need for their voices to be heard directly in Parliament, with the majority now believing the only way of achieving it was through LRC affiliation. The LRC, with its central policy of independent representation for labour in Parliament, was itself strengthened from this greater understanding by trade unionists. If ILP leader Philip Snowden was correct in his view of the mood at the LRC first annual conference, then for sure the LRC was actually saved by the judgements effect on the unions. That means without the Taff Vale judgement there would have been no Labour Party created. It is surely a disgrace that laws, designed by the Tories to set the trade unions back one hundred years, are now supported by a government in power on the back of the same Labour Party.

The thoughts of Chairman Vassall, General Manager Beasley and the rest of the Taff Vale Railway Company, who had such contempt for those driven to work for them, do not seem to be recorded. They were no doubt angry at the eventual outcome and are long dead, but New Labour anti-trade union laws ensure they won't be turning in their graves.

Geoff Revell

With Acknowledgements and Thanks to.
Philip S.Bagwell.
G. Allcock.
British Library Newspapers.
Peoples History Museum.

Ex Jarvis Terms and Condition's

3 Aims and Objectives

3.1 To have modern terms and conditions that are consistent with the
business objectives and contractual obligations of Jarvis Rail.

3.2 To simplify and standardise conditions of employment for employees.

3.3 To give employees a higher basic rate of pay and harmonisation of the basic working week and annual leave arrangements but with opportunities to increase earnings through voluntary overtime.

3.4 To create a framework within which employees’ training and development can be linked to both the requirements of Jarvis Rail and employees’ personal aspirations.

3.5 To encourage and reward the attainment and use of skills that are needed within Jarvis Rail.

3.6 To acknowledge that where the work is carried out at nights and weekends the remuneration is appropriate.

3.7 To improve the working arrangements for the mutual benefit of the employees and Jarvis, whilst at the same time keeping Jarvis Rail competitive and able to win new contracts.

3.8 To increase pensionable pay whilst taking into account Pensions Management and actuarial advice.

3.9 To introduce a framework for movement through the S&T ranges; a higher salary increase is proposed for employees at the lower end of the range.

3.10 Consolidation of as many allowances as possible associated with hours of work and working practices into the agreed salary or salary range will simplify the administration of time sheets.

3.11 To eliminate the use of contract labour by the best use of existing employees, including the opportunity for overtime.

3.12 That there be no redundancy as a result of this restructuring.

4 Hours and Rostering

4.1 Employees will be rostered for an average of 35 hours per week.

4.2 455 hours will be rostered over a 13-week period. (This is a basic working time equivalent to a 35 hour week).

4.3 The hours of cover will be determined by local management, following consultation with the Staff Representatives concerned. Rosters will continue to be the subject of negotiation with local representatives and in the event of disagreement will be dealt with in accordance with Stage 2 of The Machinery. In the event that this fails to resolve a dispute, then the matter will be referred to the Full Time Divisional Officer/ERM.

4.4 Agreed rosters will be published in advance with a minimum of 4 weeks notice before the commencement of a 13-week cycle.

4.5 A maximum number of 5 shifts can be rostered within the 7-day week.

4.6 The maximum rostered or voluntary turn length will be 12 hours with a minimum rostered turn length of 7 hours. Minimum turn length could be reduced to 6 hours by local agreement.

4.7 By local agreement the maximum number of hours that can be rostered in one week will not exceed 46 hours. For continuous cover staff such as S&T Fault Teams this can be increased by local agreement. The minimum number of hours that can be rostered in a week is zero. The average number of rostered hours over the 13-week cycle will always be 35.

4.8 The rostered week is a calendar week commencing 18.00 hours Friday and finishing 17.59 the following Friday. The principal reason for this starting time is to allow timesheets to be processed and to avoid confusion over the definition of weekend shifts if the week started say at 00.01 Sunday. (See section 11 for overtime and enhancement rates)

4.9 The minimum rest interval between turns will be 12 hours.

An employee who as a result of working a voluntary or emergency turn cannot, after taking 12 hours rest, complete 50% of their next rostered shift will be guaranteed payment for the rostered shift in question.

When a rostered turn is curtailed in order to allow 12 hours rest to enable an alternative shift to be undertaken, payment for the curtailed rostered shift will be made.

4.10 Where employees are rostered a day free from duty, there will be a minimum of 32 hours between the rostered booking off and on times.

Where employees are rostered free from duty for two days, there will be a minimum interval of 56 hours between the rostered booking off and on times. This may be reduced by local agreement. In addition it is accepted that 48 hours is the minimum that will apply in continuous rostering situations. In this case, as a result of taking a two day break of 48 hours, more than two consecutive days free from duty are
subsequently built into the roster pattern.

4.11 A minimum of 48 hours notice will be given by the employer of an intention to alter a rostered turn of duty (except under exceptional circumstances). This does not permit the changing of rosters without going through the negotiating procedure.

The provisions of this paragraph do not permit the changing of “days free from duty” without the agreement of the individual concerned.

Employees wishing to change a rostered turn, including the taking of leave, will be expected to give a minimum of 48 hours notice (except in exceptional personal circumstances).

4.12 There will be a minimum of 5 complete weekends rostered free from duty in the 13-week cycle. This does not preclude employees from volunteering for overtime during those weekends. A weekend is defined as 1800 Friday until 0759 Monday.

4.13 During the 8 weeks in the 13-week cycle that an employee is available for weekend work, no more than 10 weekend shifts can be rostered.

The number of weekend shifts which can be rostered in respect of continuous cover staff such as S&T Fault Teams will be no more than 12.

The arrangements for the rostering of the weekend shifts are to be kept flexible in order to meet the variety of working requirements within the Jarvis Group.

4.14 Midweek night shifts can be rostered for a maximum of 1 week in 3(average).

Midweek nights are defined as shifts which fall between 2000-0759 Monday to Friday (am). No more than 4 consecutive weeks of nights can be rostered at any time and would be followed by 4 weeks of days.

However, where working requirements necessitate more frequent night working this will be agreed by seeking volunteers and by incorporation into the requirement of the posts in question. Any positions which currently incorporate a more frequent night shift requirement continue on that basis.

4.15 Work will be carried out at nights and weekends only when this is the most cost effective time to do the work. Friday night working will be rostered to a maximum of 2 in a 13 week period. For continuous cover staff such as S&T Fault Teams the arrangements for Friday night working are controlled within the limits of the number of weekend turns that can be rostered within the 13 week period.

4.16 The need to ensure cover requirements when operations are disrupted may require continuous cover staff such as S&T Fault Teams to work up to two hours at the end of a shift or turn, but this requirement will be subject to a maximum of four hours per week. Hours worked under these circumstances will be in addition to the rostered turn and will be paid at basic rate plus any appropriate enhancement in accordance with paragraph 11.2 (with a minimum of 2 hours).

4.17 Compassionate consideration will be given to acknowledging individuals’ exceptional personal circumstances when rosters are being developed. If an individual feels that he/she is being treated unfairly he/she will be able to appeal to the monitoring group.

4.18 Paid travelling time between depot or agreed altered booking-on point and worksite will be provided for in the agreed roster.

4.19 For continuous cover staff such as S&T Fault Teams any necessary relief cover can be provided by incorporating this within the establishment or by rostering arrangements.

Where no separate relief is incorporated the relief element must be identified in the roster.

Further details of how rostering arrangements will be applied will be shown in Question and Answer form in Appendix B.

5 Payment of Salary

Payment of salaries will be made on a 4-weekly basis by credit transfer to a bank or building society (within the BACS system).

The 4-weekly payment will include
¨ 140 hours basic pay (ie 4 x 35 hours)
¨ enhancements for weeknights and weekends worked
¨ payment for additional overtime worked (including any
enhancements applicable)

Weekly pay slips will be provided.

Those employees who are currently on weekly bank transfer will be permitted to retain their existing arrangements.

6 Contingency Cover and Higher Grade Duty

6.1 Additional Cover Requirement -S&T and Supervisory Grades.

Whilst normal rostering arrangements will provide adequate cover for most normal operational situations, there will remain a need to provide emergency cover outside of the rostering arrangements.

Such cover has traditionally been provided through contingency cover arrangements which will continue as a necessary feature of this agreement.

The contingency cover arrangements will be determined by the local manager and consulted locally with staff representatives. The intention will be to minimise the number of employees involved. The policy will be to ensure that contingency cover does not arise on days free from Jarvis Rail activity. This cannot however be guaranteed as compliance with the policy cannot be achieved where, for example, the rostering arrangements provide for all employees of a group to be rostered free
from duty at the same time.

In situations where cover is required to maintain services and employees are committed to attend outside their normal rostered hours, a payment for each occasion on which an employee is on contingency cover will be based on 1/7 of 25% of the basic weekly rate of pay. An occasion is deemed to be any continuous period of time not exceeding 24 hours. Hours worked will be paid at the basic rate plus appropriate
shift premiums and will be in addition to the rostered hours.

Reimbursement of telephone rental and calls made on Company business will be made.

Where the job specification includes this arrangement, this will be indicated in the advertisement for the post.

A minimum payment of two hours plus the appropriate enhancement in accordance with paragraph 11.2 will apply to any emergency call requiring attendance.

6.2 Higher Grade Duty

If, on any day, an employee works for 2 hours or more of their turn in a higher grade, payment of the appropriate higher grade for the full turn will be made.

Where the post in question has a salary range, the higher grade rate will be the minimum of the range of the post being covered or 5%, whichever is the greater.

After completion of three months continuous higher grade duty an employee will be eligible for payment of holiday and sickness pay at the higher rate.

7 Allowances

The following allowances will be paid:

London, South East Allowances and Skills Retention Payments, Shift Enhancements

Employees currently in receipt of meal allowance will have this replaced by a meal protection payment. Employees currently in receipt of a meal protection payment will retain that payment.

8 Expenses

Authorised expenses reasonably incurred in the conduct of the company’s business will be reimbursed and should be supported by a VAT receipt where available.

9 Subsistence

A subsistence payment is made to those staff who have volunteered to work away from their home and work location and where it is not practical for the individual to commute to the site of work.

The Inland Revenue definition is that to qualify for the payment to be nontaxable it must be ‘actually and necessarily incurred’ expenditure and that it be auditable.

Agreement has been reached with the Inland Revenue for a non-taxable payment up to a maximum of £45 per night. If this amount is exceeded receipts will be required for the whole amount. Any portion not receipted will be treated as taxable.

In general terms the subsistence payment of £45 per night is payable to those working in the London area and £40 per night to those working out of the London area.

Local arrangements currently in place will continue.

10 Meal Breaks

10.1 Times for meal breaks will be agreed locally.

10.2 Where the agreed roster does not provide for a meal break then paid breaks will be provided in line with legislation, and suitable facilities will be provided in line with HSE standards regarding welfare facilities.

10.3 Where the agreed roster includes a meal break, this will be unpaid.

Suitable welfare facilities will be provided in line with HSE standards.

11 Overtime and Enhancements

11.1 Enhancements are to be paid and will reflect the unsociability of the hours worked and payment will be made for hours worked as follows:-

11.2 Day shift 06.00 – 19.59 Monday to Thursday Basic
.....Day Shift 06.00 – 17.59 Friday Basic
.....Night Shift 20.00 – 07.59 Monday – Friday (am) + 25%
.....Weekend 18.00 Friday – 07.59 Monday + 50%
.....Bank Holiday* + 50%

* Bank Holiday shift enhancement will apply to the designated Bank Holiday shift. Employees will be entitled to a day’s annual leave for every bank holiday worked which when taken will be paid in accordance with the arrangements set out in paragraph 12.1.7.

Christmas Day, Boxing Day and New Year’s Day will attract an additional enhancement to be negotiated by the Pay & Benefits Forum.

11.3 Overtime

Overtime worked during a night shift period or during a weekend period will be paid at the appropriate enhanced rate at shown above.

Overtime worked during the day shift period as defined above will attract an enhancement of 10% for the overtime hours worked.

12 Leave

12.1 Employees covered by these proposals will be entitled in any one calendar year to 26 days leave (28 days after 10 years service), which should be agreed in advance by their local Manager.

Individuals currently in receipt of a higher entitlement will retain that entitlement on a personal basis which will include any increase due after completion of ten years service. Any employee who has a total current annual leave and bank holiday entitlement in excess of these arrangements will retain this on a personal basis.

12.1.2 Employees will be entitled to 14 days consecutively free from duty during the recognised summer period (1 May – 30 September). For rostering purposes this equates to 10 annual leave days.

12.1.3 In total a minimum of 15 days leave (3 x 5 days) must be taken as full weeks. All other leave will be on a per turn basis (i.e. a day for a day).

Existing S&T employees retain their current leave arrangements.

12.1.4 It is Company policy for employees to take their full leave entitlement in the relevant year. Should exceptional circumstances prevent any employee from taking their full annual leave entitlement in the calendar year, subject to approval by the Local Manager, the leave outstanding may be carried over into the next calendar year on the strict understanding that it is cleared by 31 March of that year.

It is also Company policy to permit, in certain circumstances, annual leave to be rolled over from one year to another to permit an extended visit abroad.

12.1.5 New entrants will be entitled to leave after one month’s service in accordance with the first column of the matrix below.

12.1.6 Those employees with at least 12 months’ service who resign will be entitled to annual leave based on a calculation graduated on a monthly basis using the second/third column of the matrix below.

............New Entrants.......Leavers............Leavers
..............................12 months-.........>10 years
............................10 years service......service
Service....Number of Days....Number of Days....Number of Days
..................Equivalent........equivalent........equivalent
After 1 month.....2....................2.................2
......2 months.....4....................4.................4
......3 months.....6....................6.................7
......4 months.....8....................8.................9
......5 months....10...................10................11
......6 months....13...................13................14
......7 months....15...................15................16
......8 months....17...................17................18
......9 months....19...................19................21
.....10 months....21...................21................23
.....11 months....24...................24................25
.....12 months....26...................26................28

12.1.7 An annual leave premium will be paid during periods of annual leave. This will be based on 40% of the difference between the previous year's annual basic salary and previous year's total earnings recalculated on a pro rata basis to form a daily annual leave premium.

12.1.8 Year of Retirement

Employees retiring from the service on reaching 60 or more years of age will receive their full annual leave entitlement for that year. If the period between 1 January and the retirement date does not permit all of the leave to be taken before retirement, payment will be made in respect of outstanding days.

12.1.9 Ill Health Retirement

Employees leaving the service under the ill health arrangements will receive their full annual leave entitlement for that year. If the period between 1 January and the retirement date does not permit all of the leave to be taken before retirement, payment will be made in respect of outstanding days.

12.2 Bank and Public Holidays

12.2.1 The bank and public holidays recognised under these proposals
are as follows:-

..England........and...........Wales Scotland
¨ New Year’s Day...............¨ New Year’s Day
¨ Good Friday..................¨ 2nd January
¨ Easter Monday................¨ Easter Monday
¨ May Day......................¨ May Day
¨ Spring Bank Holiday Monday...¨ Trades Holiday
¨ Late Summer Bank Holiday.....¨ Late September
Monday.......................¨ Christmas Day
¨ Christmas Day................¨ Boxing Day
¨ Boxing Day

12.2.2 Bank and Public Holidays are days during which maintenance
and renewals work will still have to be programmed and
undertaken and it is necessary for these requirements to be
recognised.

The company policy will be to seek volunteers to cover bank
holiday working. If there are insufficient volunteers the
company reserves the right to roster employees with the
exception of Christmas Day, Boxing Day and New Year’s Day.

12.2.3 Where a person is rostered a day free from duty on a Bank
Holiday they will be granted a day's leave in lieu which when
taken will be paid in accordance with the arrangements set out
in paragraph 12.1.7.

12.2.4 Employees who work a Bank Holiday whether on a rostered
shift or a voluntary shift will be entitled to a days leave, which
when taken will be paid in accordance with the arrangement set
out in paragraph 12.1.7.

12.3 Special Leave

Details shown in Appendix A

13 Sick Pay Arrangements

The sick pay arrangements are not changed by this agreement.

14 PT & R

All the current PTR&R arrangements will remain in force.

15 Pensions

Actuarial and Pensions Management advice has been sought on the matter of
pensionable pay.

It is proposed that each employee's current pensionable pay (basic pay which is
pensionable) will continue to be pensionable for all service.

In addition, a Pensionable Restructuring Premium will be introduced which will
be pensionable for future service only and will apply from the date of
implementation of this agreement.

The pensionable restructuring premium will be the difference between the
current basic rate of pay and the rates of pay tabled in the restructuring
proposal dated 12 October 1998.

The level of the pensionable restructuring premium will be the subject of
further review when the results of the current pension scheme evaluations are
completed.

16 Long Service and Retirement Awards

The following recognition will apply in respect of the above:
10 years’ service = vouchers equating to the value of £150
25 years’ service = vouchers equating to the value of £250
35 years’ service = vouchers equating to the value of £400

An additional award for retirement will be made to employees retiring who are
over 50 years of age and have completed at least 10 years service. The value
will be the same as for long service.

Employees retiring under the ill-health arrangements will receive a similar
award as long as they have completed at least 10 years service.

17 General

In order to assist with the interpretation of this document, a “Rostering
Guidelines and Points of Interpretation” document is attached in Appendix B.
Existing agreements that are not affected or re-negotiated as part of this
restructuring will continue to apply.

Appendix A

Special Leave Arrangements

1 Leave of Absence to Attend Funerals of Near Relatives

Leave with pay, normally not exceeding one day will be granted to employees
to enable them to attend the funeral of a wife or husband, child, father, mother,
stepfather, stepmother, brother, sister, stepbrother, stepsister, mother-in-law
and father-in-law, grandfathers or grandmothers.

This clause will also apply to common law, including same sex partners and
any child for whom the employee has guardianship.

When the employee is the sole member of the family responsible for making all
the arrangements in connection with the funeral, a total of five days leave will
be granted.

2 Domestic Leave with Pay

Subject to the local Manager being made aware as to the merits of the case,
employees unable to take up their rostered turn of duty as a result of a
catastrophe at home, such as fire, flooding, burglary, etc., or because of other
exceptional domestic circumstances, will be granted a day’s leave with pay at
standard rate.

3 Special Leave for Household Removals

Subject to the local Manager being satisfied as to the merits of the case, and
exigencies of the service permitting, employees who are householders or
become first time householders will be granted one day’s leave of absence, at
standard rate, for the purpose of removing their household effects.

4 Day’s Leave with Pay on Day of Marriage

A day’s leave with pay will be granted to an employee on the day of his/her
marriage, when the wedding takes place on a day constituting part of the
individual’s normal rostered guaranteed week, and upon which the individual
would have been rostered to work.

An individual whose day of marriage coincided with a day free from duty
would not qualify.

5a Maternity Leave (6 April 2003)

Maternity Leave will be granted in line with legislation.
Maternity Leave and pay are as follows:-
26 weeks ordinary Maternity Leave (no service qualification)
26 weeks additional Maternity Leave (if 26 weeks service 15 weeks before
EWC)
Weeks 1-6 full basic pay
Weeks 7-26 £100 per week (26 weeks pay if 26 weeks service 15 weeks before
EWC)

5b Adoption Leave (6 April 2003)

Adoption Leave will be granted, the criteria as prescribed in legislation.

Adoption Leave and pay are as follows:-

26 weeks ordinary Adoption Leave (no service qualification)
26 weeks additional Adoption Leave (if 26 weeks service at date of
placement)
Weeks 1-6 full basic pay
Weeks 7-26 £100 per week (26 weeks pay if 26 weeks service at date of
placement)

6 Paternity Leave (6 April 2003)

Paternity Leave will be granted in line with legislation.
Paternity Leave and pay are as follows:-
Up to 2 weeks paid Paternity Leave
3 days full basic pay
7 days £100 per week or 90% weekly earnings whichever is the lower

7 Leave when Attending Hospital or Dentist

Employees required to attend hospital or dentist for treatment or consultation
to be granted leave at the standard rate of pay in respect of the time absent on
the understanding that time off duty for this purpose would be kept to an
absolute minimum. Sympathetic consideration will be given in cases where
employees have made arrangements for a dental appointment outside a turn of
duty which subsequently, Management required to be changed to a time which
would prevent the appointment being kept. Reasonable costs incurred due to
postponement in such cases will be reimbursed if accompanied by receipts.

8 School Governors

Up to five days unpaid leave per annum will be granted to employees serving
as School Governors for the performance of the duties associated with that
office.

9 Blood and Plasma Donors

It is the practice to grant leave with pay to employees who enrol as blood or
plasma donors if the transfusion is direct to the patient on the understanding
that time off duty for this purpose would be kept to an absolute minimum. If
the transfusion is for storage purposes the donor is expected to attend outside
working hours, but where this cannot be arranged, leave with pay may be
granted.

Note: The donation of blood/plasma is a personal voluntary gesture on the
part of the individual and generally employees who wish to donate
blood/plasma do so in their own time at the donation session organised by the
appropriate transfusion service, hence the question of time off duty does not
normally arise. However, where the Company collaborates with the Blood
Transfusion Service by arranging donation sessions at certain locations,
employees who wish to attend can be released, will continue to be allowed
reasonable time off work with pay for as long as they are required by the
transfusion team, which is usually about half an hour.

Additionally, arrangements will be made for any requests received from
employees for leave with pay for the purpose of donating blood/plasma in
special and exceptional circumstances, e.g., donations on request direct to a
patient or a hospital, to be dealt with in future according to their individual
merits.

10 First Aid

The current annual leave arrangements in respect of qualified first aiders will
continue.

11 Leave of Absence to be Granted to Employees Undertaking Civic or
Public Duties

The following arrangements apply:-

(i) Employees Holding the Office of Lord Mayor, Lord Provost,
Mayor or Provost, and Chairman of County Council

Employees elected to the Office of Lord Mayor, Lord Provost, Mayor or
Provost or Chairman of a County Council may be given leave of absence as
necessary to enable them to fulfil their civic duties and during such absence the
Company will pay them their standard pay less the amount payable to them in
respect of the performance by them of approved duties under Part VI of the
Local Government Act, 1948.

(ii) Employees Serving as Members of Local Authorities or Certain
Other Public Bodies (Other than Occupants of Offices Mentioned
in (i) above)

Leave without pay may be allowed, as necessary, up to a maximum of 40 days
per annum, to employees serving as members of Local Authorities or other
public bodies (other than occupants of offices mentioned in (i) above).
Employees to the office of ‘town’ mayor may be allowed, as necessary, leave
without pay up to a maximum of 40 days per annum. Some latitude may,
however, be exercised in giving consideration to individual cases and a limited
amount of additional leave may be granted where it is essential for the proper
performance of the duties of office, provided the leave can be granted without
interference with the conduct of the Company’s business.

Members of Local Authorities and of other bodies specified in the Local
Government Act, 1948 are entitled to such payment out of public funds as is
provided by Part VI of the Act.

(iii) Employees Proposed by the Company or Other Body, and
Appointed to Serve on Statutory Tribunals or Statutory
Committees (e.g. Appeal Tribunals, Local Employment or Re-
Instatement Committees)

Leave with standard pay may be granted as necessary to employees proposed
by the Company to serve on Statutory Tribunals or Statutory Committees such
as Appeal Tribunals, Local Employment or Re-Instatement Committees. Any
fees received in respect of duties performed up to the amount of standard pay
granted during absence to be paid into the General Revenue of the Company.
Leave without pay may be allowed as necessary to employees nominated by an
outside body to serve on Statutory Tribunals or Statutory Committees such as
those mentioned above.

(iv) Employees Appointed as Magistrates

Up to 18 days leave with standard pay per annum may be granted to employees
for performance of magisterial duties.

(v) Employees Serving as Jurors

Leave with standard pay will be granted to employees attending for service as
jurors.

It is agreed that in those cases where employees have made application to court
officials for release form Jury Service on a day free from duty and this has not
been conceded, the employees may be allowed an alternative day(s) off at the
earliest opportunity, subject to their certifying that their application for release
from Jury Service had been declined. When a week’s Jury Service from
Monday to Friday inclusive prevents employees from taking their scheduled no
duty day(s) due to an involvement with a prolonged case or the court official’s
non co-operation, then a no duty day in lieu will be granted on the Saturday or
Sunday.

(vi) Employees Attending Judicial Proceedings including Coroner’s
Court other than as Jurors

Leave without pay will be granted to employees attending Court on subpoena
or witness summons required by the Court to attend in any capacity. Any pay
lost in this way should, if possible be recovered from the party requiring the
attendance, or from the Court where witnesses are paid out of public funds.
Leave without pay will be granted to employees attending as a Plaintiff,
Defendant, Petitioner or Respondent or in any similar capacity.

Standard pay will be payable to employees instructed to attend judicial
proceedings as witnesses, or in any other capacity for the Company. Any sums
recovered in respect of the witnesses’ attendance (other than for subsistence)
must be paid into the general revenue of the Company.

(vii) Rearrangement of Turns of Duty

Where turns of duty can be rearranged to enable employees to undertake public
duties in their own time instead of granting leave of absence, either with or
without pay, this should be done.

(viii) General

All such leave to be subject to the exigencies of the service, except that
employees receiving a subpoena or direction from a Court to attend
proceedings must be allowed the necessary leave. ‘Standard pay’ means the
normal 37-hour salary rate only.

12 O.H.M.S.

Territorial Army and other Voluntary forces of the Crown - Leave to
attend Annual Camp, or Associated Training Courses.

Two week’s leave for attending camp may be granted annually to employees
joining the Territorial Army and other voluntary forces of the Crown, and
whilst at Camp, pay will be made up to the standard Civil pay for two weeks.
Where annual leave is taken to coincide with the annual period of camp, the
make up of pay will be in addition to normal annual leave pay. No distinction
in the granting of leave will be made between married and single men.

13 Call up of Reservist of the Armed Forces

(i) Employees called up for emergency service as Reservists of the Armed
Forces will be treated as absent from duty with leave and, on their
return, subject to being physically and otherwise fit will be re-instated in
positions as nearly as possible similar to those vacated by them.

(ii) Civil pay will cease on the day on which work with the Company
ceases.

(iii) Reservists who are members of the permanent staff and whose civil pay
exceeds their Service emoluments will be eligible for make-up of civil
pay on the basis shown in Clause (iv).

(iv) The Civil pay will be the standard rate of pay of the post to which the
employee has been appointed at the date of call-up and will include
London Allowance, where applicable, and also any allowances which
rank as part of basic pay.

An employee will be entitled to the benefit of any increments which
may become due on the salary scale of the appointed post while serving
with the Forces.

The total service pay and all service allowances will be taken into
account in calculating make-up of civil pay.

(v) Any increase in service pay or allowances will necessitate a
corresponding reduction of any balance of civil pay.

It will be the responsibility of the employees serving with the Forces to
supply full information every three months, where possible, concerning
their service pay and allowances to the appropriate Officer of the
Company. Forms will be available on which such information should be
submitted. The form should be certified by the appropriate Pay Officer
in the Forces.

(vi) The contributions of employees in respect of pensions or similar funds
will be deducted from any balance of civil pay, and similar
arrangements will be made in respect of other authorised deductions.

Where contributions are based on the rate of pay, advances of salary or
wage which become due will be credited to the individuals concerned
for the purpose of determining the amount of the contributions.

In cases in which any balance of civil pay is not sufficient to meet
pension or other charges, it will be necessary for the employees
concerned to make arrangements for the payment of the amounts due.

(vii) The current arrangements as to the issue of free or privilege travel
tickets will be applicable to employees called-up while serving with the
Forces.

Free and privilege travel tickets will not be granted in cases where
employees are able to recover their fare from the Government, either by
warrant or otherwise.

Where the employees themselves are unable to apply, free travel tickets
may be issued upon direct application by their spouses.

Where employees take their annual leave to coincide with their annual
period of camp, they shall receive up to two weeks payment of balance
of civil pay, in addition to their normal annual leave pay.

Where employees take special leave with pay for the purpose of
attending camp, such paid leave will also attract the appropriate annual
leave premium.

Appendix B

Rostering Guide Lines And Points Of Interpretation

Introduction

The rosters will contain details of shift lengths, rest periods and hours that can be
negotiated in a 13 week period. This paper summarises these “rules” but also is a guide to what rostering will mean to employees, particularly the opportunity for more leisure time or to volunteer for overtime work.

The “Rules”

· a maximum of 455 hours can be rostered in the 13 week period i.e. an average of
35 hours a week.

· a maximum number of 5 shifts can be rostered in any one week.

· the maximum rostered turn length is 12 hours and the minimum is 7 hours.

However by local agreement the minimum can be reduced to 6 hours.

· the maximum number of hours that can be rostered in one week is 46 hours and the
minimum zero hours.

For continuous cover staff such as S&T Fault Teams this can be increased by local agreement.

· the minimum rest period between turns will be 12 hours.

· where employees are rostered a day free from duty, there will be a minimum of 32
hours between the rostered booking off and on times.

· where employees are rostered free from duty for two days there will be a minimum
interval of 56 hours between the rostered booking off and on times, 48 hours for
continuous cover staff such as S&T Fault Teams.

· a minimum of 48 hours notice will be given of an alteration to a rostered turn of
duty. If less than 48 hours notice is given of a request to change a turn of duty
then the individual will not be financially disadvantaged in the event of loss of
earnings.

· employees wishing to change a rostered turn including leave will be expected to
give a minimum of 48 hours notice except under exceptional personal
circumstances.

· there will be a minimum of 5 complete weekends rostered free from duty in a 13
week cycle.

· employees can volunteer for additional overtime including those weekends when
rostered free from duty.

· midweek nights can be rostered for a maximum of 1 in 3 weeks in the 13 week
period.

· work will only be carried out at nights and weekends when this is the most cost
effective time. Friday nights will only be rostered for essential maintenance (as
now), where possessions are significantly longer than at other times and for major
work to a maximum of 2 in 13 weeks, except for continuous cover staff such as
S&T Fault Teams, they will be limited through the number of weekend shifts
available to be rostered.

· paid travelling time between depot or agreed booking on point and worksite will be
provided for.

· a maximum of 8 weekends is rosterable containing a maximum of 10 weekend
shifts in the 13 week cycle. For continuous cover staff such as S&T Fault Teams
the 10 weekend shifts can be increased to 12.

Points of Interpretation

Q What arrangements will be put in place to ensure staff will be able to get to
work when rostered unsocial hours?
A Local arrangements will continue and be developed to meet future
requirements.

Q What factors would affect type of rosters to be applied?
A Type of work to be undertaken and circumstances in the locations concerned.

Q If an individual is requested by management to change a rostered turn at less
than 48 hours notice, will he be paid the better of either what he should have
worked or what he has worked?
A In such cases employees will not be financially disadvantaged.

Q What is the definition of a weekend turn?
A Any rostered turn which commences after 1800 hours on a Friday, or before
0500 on a Monday will be classed as a weekend turn.

If a rostered turn continues after 2359 Friday it is also classed as a weekend
turn.

However when a Friday turn precedes a weekend free from duty that turn must
be rostered to finish no later than 22.00 hrs.

Q Midweek nights - what is the definition of a midweek night turn?
A A midweek night turn is any turn rostered between 2000 and 0759 Monday to
Friday morning. This issue will be monitored in the light of future European
Legislation (the Working Time Directive).

Q What is the definition of a Friday night turn?
A Any rostered shift which commences between 1800 Friday and 0400 Saturday
morning. This would also class as a weekend shift.

When a rostered shift continues after 2359 this becomes a Friday night turn.

Q If an individual has been asked to stay back to attend a failure therefore giving
a two hour commitment that day will this be two hours off his four hour
commitment for that week?
A Yes

Q What appeal facility would be established to challenge differences of opinion
so far as rosters were concerned?
A The existing consultation and negotiation processes would remain unchanged
so far as individual rosters were concerned, with the added provision of access
to a Joint Monitoring Committee to agree solutions to alleged abrogation of
rostering principles and look at individuals who are being unfairly treated.

Q How would this appeal facility be accessed?
A Through the Monitoring Group. The list of members will be published and
issued to depots with telephone numbers to contact these people.

Q Where and when will travelling time be agreed?
A This will be subject to local agreement.

Q Would existing provision relating to the cancellation of overtime shifts be
continued?
A Yes.

Q Would staff “on call” under the contingency arrangements over a Bank
Holiday qualify for a days annual leave credit?
A Yes.

Q Certain Workshop Supervisory grades currently provide contingency cover (on
call) 1 week in five. The actual contingency cover arrangements do not
exclude continuous cover requirements.
A The need for contingency cover (On-call) will be determined locally. The
maximum on-call commitment is 1 in 2.

Q Can we be supplied with the details and discuss the meal protection payment?
A Yes.

Q When by agreement individuals are working away from home depot, in
lodgings, does the accommodation become the booking on and off point?
A When working away from home depot, and in lodgings, the appropriate
booking on and off point is agreed locally.

Q Can any rostered day be an annual leave day?
A Yes.

Q Is it still the intention to move the annual leave year from the calendar year to
the financial year?
A No. the leave period will remain January to December.

Q Long service awards. Will a member of staff with 35 years or more service
be entitled to the 35 years service award?
A Yes.

Q How will relief staff re-rostered to an alternative shift which excludes them
from working their next rostered shift be paid?
A They will receive enhancement appropriate to the re-rostered shift and
payment for the shift they are not able to work.

Q What is the paid meal break allowed in an 8 hour shift and a 12 hour shift?
A 20 minutes between the 3rd and 5th hour for an 8 hour shift, and 20 minutes
between the 7th and 9th hours on extended shifts.

Q Is there any minimum rest period between turns?
A Yes, this is covered in the agreement. The minimum rest period between turns
is 12 hours.

Q The agreement states that the level of pensionable pay will be the subject of
further review. When will this be?
A The Pension Schemes are currently being reviewed by the Actuary. The results
of the reviews are expected in the Autumn of 1999. The results will then be
considered by the Pensions Committees at that time.

Q Does the requirement to work up to 2 hours at the end of the shift apply after a
12 hour shift has been worked?
A No - except in exceptional circumstances in accordance with Clause 78 of the
Safety Critical Work Regulations.

Q Will Management continue to monitor in accordance with Hidden guidelines?
A Yes

Joint Monitoring Group 13.7.1999

Q Can the 32 hours and 56 hours minimum rest periods between booking off and
booking on times for employees rostered free from duty be reduced by local
agreement?
A Yes, in accordance with paragraph 4.10

Agreed guidelines and clarifications to assist application 26.8.1999

Page 11 Section 4.3

a) The hours of cover will be determined by management following consultation with the staff represntatives. At which time the planned workload would be shared with the
Staff Representatives.

b) The rostering of staff to meet the hours of cover will be the subject of negoiation with the staff representatives to reach agreement.

c) Agreed rosters must be signed by management and staff representatives.

d) In the event of disagreement, staff will provide an alternative cost effective roster which meets the workload requirements.

e) If the alternative rosters are rejected as not meeting the required criteria, the
disagreement should be referred to the Divisional Council (Joint Monitoring Group) in
good time to allow resolutionbefore the roster commences.

No such structure exists at Grant, any such instances will need to be referred to the
local staff representatives who are members of the Ad-hoc company council. As these
will likely be fully aware of any such disagreement, progression to the next level will be rapid.

f) If this fails to resolve the dispute, the matter to be then referred to the Full-time Trade Union Official for discussion with the Personel Manager.

g) If no agreement is reached then the roster may have to be implemented.

h) Courses should be identified and booked before the roster is prepared.

i) Planned route learning should be included in the roster.

Page 11 Section 4.4

a) Copy of the agreed roster should be given to each individual.

Page 11 Section 4.6

a) The maximum voluntary or rostered turn length is 12 hours.

b) There is no minimum voluntary overtime shift turn length, or minimum payment.

However, a planned overtime turn would not be less than 7 hours.

c) The minimum payment of 2 hours plus appropriate enhancements will only be paid for
continuous cover staff ( Section 4.16), machine operators (Page 9), and the staff
covered by Section 6.1.

d) If there is a high probability that overtime will be worked on a particular shift, then an assessment shouldbe made such that the minimum 12 hours rest can still be taken before the start of the next rostered shift. The roster should be planned accordingly. It must be remembered that 12 hours rest must be taken between turns of duty.

Page 12 Section 4.10

a) Minimum 32 and 56 hours rest periods can be reduced by local agreement.

b) Continuous rostering - where 24 hour cover is provided, 7 days a week, 52 weeks a
year. Individuals must be notified that they are on continuous rostering.

Page 12 Section 4.11

The difference between a change to a rostered turn, and a change to a roster:

a) Changes to a rostered turn - keeps the shift length the same as the original roster turn length, but changes the start/finish time - having no effect on the rest of the weeks roster.

b) Changes to a roster - changes the shift length and the start/finish time - having an impact on the rest of the shifts in that and, possibly, subsequent weeks.

c) Days free from duty can only be changed by odtaining the agreement of the individual.

d) A change to a rostered turn of duty can be made so long as at least 48 hours notice is given. The aim must be to give the maximum notice, preferably prior to the last turn of duty. If this is not possible personal contact must be made with the individual concerned. The employee can only refuse this change if there are exceptional personal circumstances.

e) Changes of published rosters as distinct from a change to a rostered turn of duty need to go through the negoiation procedure.

The negoiation procedure starts by talking with the elected staff representatives.

Pages 12 -13 Section 4.13

a) The arrangements for the rostering of the weekend shifts are to be kept flexible in order to meet the variety of working arrangements within the Jarvis Group. This does not mean that the roster can specify just a weekend shift and its length. It will specify the day and start and finish times. This sentence is to allow multiple weekend shift working during major extended possessions.

Page 13 Section 4.14

a) Any position which currently incorporate a more frequent night shift requirement to be notified to S.Hornby.

S.Hornby is the personel director at Jarvis, his equivalent at Grant being most probaly Mr B.Webster?.

Page 13 Section 4.15

a) Continuous cover staff can work 12 weekend shifts during the 8 weekends when they
are available for duty, not for example 12 Friday nights.

Page 13 Section 4.16

a) This applies only to situations where operations are disrupted and where the overtime has to be worked and cannot be refused by the individual. It applies to continuous cover staff and machine operators only. In these situations a few minutes overtime will trigger the minmum 2 hour payment. See Page 38 Note 4 ref Page 11 Section 4.6. The timesheet must be endorsed accordingly.

Assessing Cameron's Sharia speech

Mr Cameron said expanding Sharia could create 'legal apartheid'

So why now? It has been a few weeks since the Archbishop of Canterbury's remarks on Sharia horrified many members of the public and parts of the press.

And very quickly, the three main parties lined up to object too. Their assessments of remarks by Rowan Williams ranged from "unhelpful", to being likely to lead to "social chaos".

But interestingly, the Conservatives' views were represented then not by the leader of the party, but by Baroness Warsi, their shadow communities minister.

Perhaps the party felt it was easier, less inflammatory for the female Muslim peer to get involved.

'Dangerous and illiberal'

Or maybe Team Cameron wanted to wait and see how the story shook down before he weighed in, or perhaps there was just a diary clash that prevented him talking about it.

But on Tuesday David Cameron made his foray in to the debate, quite deliberately and determinedly.

And his comments were trenchant too. Saying the archbishop's ideas could create "legal apartheid", and that they were "dangerous and illiberal".

It was a wide-ranging speech clearly designed in particular to put Mr Cameron's views about Sharia law on the record and to shove the debate back into the public's conscious.

Yet so far there doesn't seem to be much appetite to do so in Westminster. The other two main parties have stayed silent on the matter today.

Blogger silence

Perhaps because their view of Dr Williams's remarks is not that different to Mr Cameron's. Much of his speech in fact, which discussed the need to strengthen British identity, sounded enormously similar to some of Gordon Brown's previous statements.

And unusually, the Conservative bloggers have not bitten at this story so far. It is rare for them not to dissect a major speech from the party's leader, but this time perhaps they feel it has all been said.

Dr Williams found himself at the centre of a huge row

Even though Lambeth Palace is just across the river, Mr Cameron's message does not seem to have crossed the Thames yet.

The archbishop's team has not commented on the Conservative leader's stance. They may well choose not to, loathe to reignite the row.

So why the silence, given the deafening responses to every twist and turn of the Sharia law debate a couple of weeks ago?

Well it is perhaps an example of the reality that much of the time for something to be news it has to be new.

Mr Cameron's remarks, while strong, echo, rather than contradict comments made by other politicians, and extensively covered just a couple of weeks ago.

And while the Conservatives say they will soon outline policies to improve relations between different communities, there were no clues of any new firm plans today which might have sparked a debate.

So for now, the political row over Sharia law stays muted. But given the sensitivities that surround it, there is no guarantee it will not flare up again.