Memorandum of Understanding reached at Acas Conciliation 29 July 2010
1. Are First Scotrail in a position to negotiate with the RMT on the staffing and manning of the new Airdrie to Bathgate service?
First Scotrail has been negotiating with the RMT on the staffing and manning of the new Airdrie to Bathgate service . However, in accordance with the franchise agreement and its obligations on First Scotrail we have consulted with Transport Scotland re the staffing and manning of the service.
Transport Scotland indicated that they had no choice but to pursue the most cost effective option which delivered the new service at the lowest possible cost to the taxpayer . As class 334 unit will be used and the route equipped with GSMR secure radios then driver only operation delivers the best value.
2. Can First Scotrail give an underwritten assurance to the RMT that the current compliment for Conductors will remain during your tenure of the franchise ?
Due to the ongoing investment in Scotland's railways a guarantee is given that the conductor posts in First Scotrail will be no less than the current number of 540 until November 2014, the end of the current franchise .
3. Can First Scotrail give a written guarantee of rate retention and any subsequent pay increases to Scotrail conductors if there is any imposition of Driver only operation ?
Rate retentionand eligibility to subsequent pay increases are governed by the agreed P,T, R&R arrangements .
4. Should Transport Scotland call off their current price option can you guarantee that the staffing of all services will be a Driver and Conductor outwith the Strathclyde Manning Agreements?
First Scotrail is not in a position to give a guarantee that the staffing of all services will be a Driver and Conductor outwith the Strathclyde Manning Agreement.
First Scotrail , in accordance with its franchise agreement , must consult with Transport Scotland on each priced option and a decision will be taken on staffing following full consultation of all aspects including infrastructure, units, safe working practices and the best value for money.
5. Are First Scotrail prepared to give a written guarantee to the RMT that there will be a Conductor on every train in passenger service on the North Berwick/Dunbar service to be inaugurated in 2011?
a) Dunbar service
The Dunbar service is a new service introduced from May 2010. It is part of a wider further feasibility survey regarding expansion . The feasibility survey , undertaken by First Scotrail on behalf of Transport Scotland , will explore the possible expansion of rail services in East Lothian.
First Scotrail will share the specification of the feasibility study with the RMT .
b) North Berwick service
First Scotrail gives an undertaking , in line with the 2004 letter, that the North Berwick services will be staffed by a Driver and Conductor until November 2014(the end of the current franchise).
6. Should Transport Scotland call of future price options of any new schemes will First Scotrail give RMT an assurance there will be no extension of Driver only operations ? In accordance with our agreement of 2001 and 2004 assurances from the then Managing Director Mary Dickson.
First Scotrail deem that the 2001 agreement between Scotrail Railways and the RMT expired on 16 October 2004 , i.e the end date of the National Express franchise.
The letter of 2004 , from Mary Dickson , then Managing Director ,refers specifically to services on which a Conductor was present on at the time.
Therefore First Scotrail is not in a position to give assurances sought for the reasons already given in previous answers regarding consultation etc with Transport Scotland .
7. If any additional services are introduced between Glasgow Queen St and Perth, do First Scotrail envisage this being a Driver and Conductor service as per correspondence of the 18 March 2010?
If additional Glasgow Queen St to Perth services are requested by Transport Scotland then these will be staffed by Driver and Conductor.
8. Can First Scotrail give the RMT a written guarantee that Conductors will remain on the Cumbernauld passenger service as this service was not included in the Strathclyde Manning Agreement?
First Scotrail is not in a position to give the guarantee sought. However if the scheme goes ahead and it is a Driver door operated service a guarantee is given for all existing Conductors will remain working at their present depot.
9. Are First Scotrail prepared to give a written guarantee if any new schemes such as the one for Inverness will be a Driver and Conductor operation and how many Driver/Conductor posts do you envisage creating?
Refer RMT back to previous answers relating to future schemes and our franchise obligation to consult etc with Transport Scotland .
10. As part of their revenue protection duties ar First Scotrail prepared to underwrite the Conductors 5% commission scheme?
In the event of a Conductor being redeployed in a revenue protection role as a result of the introduction of a Driver Only Operation scheme then First Scotrail will underwrite the Conductors 5% commission for those individuals .
11. Can First Scotrail give a written guarantee that all services from Scotland to London on overnight sleepers will remain the same? No change to manning or operation Drivers and Train Manager.
Sleeper services from/to Edinburgh and Aberdeen, Inverness and Fort William will continue to be operated by a First Scotrail Conductor.
Sleeper services from/to Edinburgh /Glasgow and London will continue to be operated with a First Scotrail Train Manager .
Any proposals to extend the use of sleeper Train Managers to the North routes would be subject to collective bargaining with the appropriate Company Councils.
Out puts from information above:
-RMT note the First Scotrail position with regards to issues 1,4,6 and 8 above.
-RMT remains in opposition to these positions and will continue to express their total opposition to the imposition of the extension of Driver Only Operations. In doing so they will embark on a political campaign with relevant government bodies.
-Issues 4&6: RMT believe that both these issues are governed by the provisions of the Transfer of Undertaking Regulations and reserve their right to pursue these at an appropriate time.