Earls' Court drivers vote to strike. But the law says they can't !
ASLEF members at Earls' Court have voted by 77.8 % to 22.2 % in favour of taking strike action in the dispute over the application of the SPADs policy on the District line.
But the Tory Trade Union Act, introduced last year, means that they can not lawfully take action. This is because although over 50% of members took part in the ballot, 39.2 % of all eligible members voted in favour rather than the 40% required by the law. The difference is equivalent to one extra person voting !
So despite a more than three to one vote in favour of striking, the ballot can not be used to take action; a clear demonstration of the law being used to undermine the democratic right to strike,
Reports from local reps to the ASLEF Executive Committee show that the timing of the ballot was a problem. It took place over a two week period covering the Easter period. That meant that many fewer members than usual voted.
The EC has now decided to re-ballot our members at Earls' Court so that we can have a clear view of our members opinions. Arrangements are being made for this to take place and details will be shared as soon as possible.
ASLEF members at Acton Town will be taking strike action for duties booking on between 00.01 and 23.59 on Friday April 13th after a 98% vote to ensure every driver is treated fairly at work.
For over two months, London Underground management have refused to talk to your Union about the issues in this dispute. Instead of getting around the table, they have sent a stream of letters threatening legal action to try to prevent you exercising your democratic right to strike.
Instead of recognising the concerns of our members and reps, management are refusing to acknowledge that they failed to follow their own procedures; threatened a CDI to make a driver “agree” to be redeployed and now refuse to talk to your Union. When management are intent on getting their way by threats and intimidation then we need to take a strong stand to protect our agreements and ensure fair treatment at work.
125 people were eligible to vote. 63 voted (50.4%) 49 voted Yes (77.8%)
14 voted No (22.2%). 39.2% of all those entitled to vote, voted Yes. A minimum of 40% is required by law.