Part Day Strikes-Pay Changes

[POSTMAN]

CWU are taking legal advice on this as we speak.
The strikes could be called off!!!

[MEL]

CWU are taking legal advice on this as we speak.
The strikes could be called off!!!

and when will they notify us. part day strikes are the only reason my d/o has agreed to go to ballot

[axeman]

CWU are taking legal advice on this as we speak.
The strikes could be called off!!!

and when will they notify us. part day strikes are the only reason my d/o has agreed to go to ballot

How sad a situation that some people not willing to make a stand for whats right unless they don't loose much (any) money while our brothers in london / scotland etc are showing us the way. It's no wonder royal fail walk all over the offices that are affraid

[johnnyp]

Got a copy of this from our line manager today

img134.jpg

are you based in a mail centre cos if this is the case you will have to finish your shift and the ones starting there shift at the strike time will not go in you dont cut off you finish your shift the strike starts at that time you wouldnt just cut off

No mate,delivery office.

[MEL]

How sad a situation that some people not willing to make a stand for whats right unless they don't loose much (any) money while our brothers in london / scotland etc are showing us the way. It's no wonder royal fail walk all over the offices that are affraid

i know its sad but it is indicitive of the problems small d/os face with part time staff forming the majority. to get the office to agree to request ballot was an achievement in itself and btw we are in scotland

[Sandyman]

Be very careful here, everyone.

Reading between the lines RM management are trying to get you to not turn up for your duty on the day of the part-day strike. After all, who is going to do voluntary work for that shower?

Then when you don't turn up for the hours you aren't striking, you are in breach of contract & they are within their rights to sack you.

And yes, they do have to pay you for hours worked. Don't forget, the CWU have to post notice of an intended strike.......that means the times that strikes apply, any other hours do not count as strike action.

Reasonable in the Kafkaesque environment we work in, but in the eyes of THE LAW,(i.e. what happens in the REAL World not RM World) untenable. RM tries to scare and frighten us, but when THE LAW they try and attack us with is reversed upon them, they run away like the soft bullies they are.

Read http://www.royalmailchat.co.uk/communit ... hp?t=17742" onclick="window.open(this.href);return false;

Dave Joyce has nailed superbly their illegality - and the management will be drop dead scared.

We WILL win.

[Martin Walsh]

Look we are seeking legal advice , i have to be careful what i say on here but Royal Mail in a letter are claiming frustration of contract for part day action.

Whether this is legal or not is ilrevlant as a tribunal will decide some months after the stoppage of pay and members will understandbly be nervous of its implications.

London Branch`s decided a strategy yesterday but I cant reveal that until they have informed their local reps but its a strong response.

In any dispute you have twist and turns , highs and lows , we had a high a couple of weeks ago with the victory in the high court , Royal Mail may have a few highs but we have plenty to come with more ballot results coming in on a daily basis and more cordinated action , plus the national ballot.

Its a real shame that Billy Hayes and Kevin Slocambe are intent on ingoring and sabotaging this dispute as they seem to care more about the Labour party then the fact we are being attacked like never before by Royal Mail and the government.

I have been involved in over 20 seperate industrial disputes both official and unoffiical and this is by some distance the most bitterest and most hostile dispute of the lot and becoming the most important that we have ever had.

This is not a dig at those who are still awaiting their ballots but those who have not requested them should take a close look in the mirror at themselves as they have let a lot of us down. I only hope that they now produce a yes vote in the national ballot as by that time some of us would have taken more action then the 8 days we had in 2007.

[Cut Off King]

Found this -

"Frustration occurs if an event occurs, not reasonably foreseeable when the contract was made and not under the direct control of either party, which renders impossible further performance of the contract in the way envisaged by the parties to it. The contract is then discharged by operation of law (see Paal Wilson & Co AS v Partenreederei Hannah Blumenthal [1983] 1 All ER 34).

Apart from death (of employer or employee) the following are examples of situations which could lead to discharge of an employment contracts "by frustration":

* illness (although this will normally have to be long and serious to result in frustration of the contract);
* imprisonment (although this will normally have to be long in relation to the employee's length of service to result in frustration of the contract);
* internment;
* change in the law. "

As the Strikes ARE reasonably forseeable ( Offers to negotiate, notice given, past strikes set presedent ect. ) and LEGALY is under the control of a party ( cwu )

"and not under the direct control of either party" implies that this only applies to totaly unforseen / very unusual events

I would suspect that a judge would take dim view of this sort of legal case being put in front of the bench

Again - RM cluching at straws me thinks

[pickaname]

In circulating this they are encouraging staff to take full day strike action. Are they thick?

In any case if you voted yes in a ballot you should be prepared to do whatever it takes so a full day strike shouldnt bother you.

In a sense this is good news. RM are uping the ante for us...we dont have to rely on HQ for that now.

[bogstandard]

my understanding and what i have practised is that if you are on duty you may finish your duty but not start it the following day(e.g. action from 06:00 mon - 06:00 tue) or go at 06:00 and return to duty the following day at 06:00.

[andy2007]

In circulating this they are encouraging staff to take full day strike action. Are they thick?
No, as saru already pointed out: They want to provoke people into Striking for full days, when they were only supposed to be on Strike for a part day. Which would invalidate the legality of the Strike Action, making it unofficial. And would mean that we'd need a fresh Ballot to have any more official Strikes in that area.

I'd call that a pretty crafty move. Wouldn't you?

In any case if you voted yes in a ballot you should be prepared to do whatever it takes so a full day strike shouldnt bother you.

In a sense this is good news. RM are uping the ante for us...we dont have to rely on HQ for that now.

[andy2007]

my understanding and what i have practised is that if you are on duty you may finish your duty but not start it the following day(e.g. action from 06:00 mon - 06:00 tue) or go at 06:00 and return to duty the following day at 06:00.

It depends on what the Union has decided. In 2007, we were told, we had to complete our Duties, and then Strike for a whole Shift on our particular day. It's a practice that I don't agree with, and complained about. But there you go.

However: If the CWU has arranged for half day Strikes. Then that simply wouldn't be possible, would it?

[jcjd]

Quote. Although from now on, it would be wise to avoid arranging any more part day Strikes.

Naw if they are that wound up and desperate we need more not less or no half dayers!

100% in agreement linkinpark, we've found rm's weak spot. 2 days a week at least is the way to go, we can't legally deliver before 7am so little chance of much work getting delivered on either day with a 10am finish (9:40 with meal break ) drivers would be tied up dropping people out ,doing Specials and firms so no chanch of shifting any packets and we only lose 1 days pay!

[POSTMAN]

But didn't we have the 1hr strikes a while back,London anyway,to keep a ballot live,i was off but i rem it.

[pickaname]

Lets get this straight.

If we strike for half a day and RM refuse to pay us for the whole day, we are contractually obliged to work for free for the rest of the day or it would be deemed unofficial IA?