Royal Mail injunction news stories

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Royal Mail PLC said late Tuesday it is "very disappointed" by the announcement that the Communications Workers Union has voted in favour of industrial action.

In the vote 89% of CWU members voted Yes for strike action, though Royal Mail said with a 74% turnout, and taking into account the 18,000 employees who are not union members, 57% have backed a strike.

Royal Mail said it was committed to further talks "as a matter of urgency" and said there are no grounds for industrial action.

It said it has brought to the CWU's attention the contractual dispute resolution procedures as part of the legally binding Agenda for Growth signed in 2013.

Royal Mail said these procedures escalate to external mediation which it expects will finish by Christmas, though possibly longer, and it said these procedures must be followed and the union cannot take industrial action until they have completed.

It said it has offered proposals of up to a 5% pay increase over two years, as well as to replace with defined benefit pension scheme with another type of defined benefit scheme. Members of the scheme would also have the choice to join a defined contribution scheme if they wished.

Royal Mail said is has proposed "significant improvements" to members of the Royal Mail's defined contribution plan, with a maximum company contribution of 10%.

Royal Mail shares closed 0.2% higher on Tuesday at 383.74 pence.

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The Communication Workers Union sets its sights on strikes this month which Royal Mail believes are unlawful.

Royal Mail has vowed to stop the first national postal strike since 2013 after the union representing front line staff announced when it will stage a 48-hour walkout.

The Communication Workers Union (CWU), which has refused to rule out strikes in the run-up to the crucial Christmas delivery period, said 110,000 workers will begin industrial action at 11am on Thursday 19 October.

Earlier this week, the union said staff had voted "overwhelmingly" in favour of a walkout - with representatives calling for Royal Mail bosses to resign because they had lost the trust of their workforce.

The CWU accuses management of presiding over a campaign of cost cutting and asset stripping since its controversial privatisation four years ago - hitting pay and pension deals in the process.

Royal Mail responded to the strike date announcement by immediately threatening to block it in the courts should its offer of further talks be rejected.

It claims a legal agreement it has in place with the union prevents it from taking strike action at the current stage of a grievance process.


CWU general secretary Dave Ward said: "This is a watershed dispute that will determine not only our members' pensions, jobs and pay but also the future of the service.

"Postal workers delivered a massive Yes vote for strike action and we are determined to take whatever steps are necessary to deliver an agreement that will protect and enhance our members' terms and conditions and improve the range of services on offer to customers.

"As well as this call to action, the CWU will now launch a major campaign to gain public and political support for postal workers.

"This is your service. We must work together to save it."

The union said its members at Parcelforce will also be involved in the action, threatening wider disruption to deliveries.

Post Office mail operations, while not directly involved in the dispute, are likely to suffer knock-on effects.

Royal Mail indicated its efforts to block any strike would be on the grounds it would break an 'Agenda for Growth' labour agreement made with the CWU in 2013.

The company said: "Royal Mail will be writing to the CWU invoking the external mediation process under the dispute resolution procedures in the Agenda for Growth.

"These legally-binding dispute resolution procedures were set up as a vehicle to resolve industrial disputes.

"We wish to use them to do just that. Royal Mail will use all legal options at its disposal, including applying to the High Court for an injunction to prevent industrial action."

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Britain's largest postal union has hit back at Royal Mail claims that planned strikes later this month are unlawful.

The Communication Workers Union (CWU) yesterday revealed plans for 48-hour walk out from 19 October.

Shortly afterwards, Royal Mail responded by referencing "legally-binding dispute resolution procedures" that stipulate the pair must first enter into five weeks of arbitration before industrial action can commence.

But in a short video to union members late yesterday evening, deputy general secretary Terry Pullinger said the response from Royal Mail had come as a "shock".

“As far as we’re concerned, we’ve adhered to that agreement. We’ve exhausted that agreement," he said.

The CWU argued that representatives from mediators firm Acas attended the months of previous negotiations and therefore satisfied the requirements of the dispute resolution procedures.

Pullinger continued:

We believe that we have kept the talks going. These talks have been going on for over 18 months and if there was going to be some sort of external mediation process it should have been way before now. In fact, we have indeed used external mediation in these talks, which the business would have paid for as well.

Not yet taken place
In yesterday's announcement, however, Royal Mail said: "External mediation as set out in the Agenda for Growth agreement has not yet taken place.

Royal Mail will use all legal options at its disposal, including applying to the High Court for an injunction to prevent industrial action.
Pullinger said the response "beggars belief", adding: “It strikes me that they are going to find any reason that they can [to stop the strike]. And if necessary any legal means that they can."

Royal Mail declined to comment further on the latest CWU statements.

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Postal workers will walk out on 19 October for two-day strike

In a dispute that could threaten postal delays at Christmas, Royal Mail workers are set to stage a 48-hour strike in a dispute over pensions, pay and jobs. As many as 111,000 postal workers will walk out at noon on 19 October after massively voting in favour of taking industrial action, the Communication Workers Union (CWU) says.

The industrial action follows the 89.1 per cent vote in favour of the strike as announced by the union this week. It will be the first strike at Royal Mail since the postal group was privatized.

Royal Mail has stated it will use all legal options, including applying for a High Court injunction, to prevent this. “We believe any strike action before the dispute resolution procedures have been followed would be unlawful,” a spokesman from the group added.

Calling it a “watershed” dispute, General secretary Dave Ward said it will “determine not only our members’ pensions, jobs and pay but also the future of the service.”

The union has alleged that the postal group’s move of replacing the pension scheme would force its members to lose up to a third of their retirement entitlements. “We are determined to take whatever steps are necessary to deliver an agreement that will protect and enhance our member’s terms and conditions and improve the range of services on offer to customers,” Ward added.

Talking about how Royal Mail is suffering from a huge vote of no confidence from its employees, Terry Pullinger, CWU deputy general secretary, said that they had been in negotiations with the company for 18 months.

“Royal Mail Group management have clearly moved away from the spirit and intent of our agreements and the empty promises of privatisation…,” Pullinger said.

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Royal Mail is to take legal action against the union representing postal workers if it does not withdraw its notice of a 48-hour strike by Monday.

The Communication Workers Union (CWU) is planning a walkout of 110,000 of its members from October 19 in a bitter dispute over pensions, pay and jobs.

Union members voted massively in favour of industrial action in a ballot.

Royal Mail said it has written to the CWU invoking a "legally-binding" external mediation process.

A statement said: "Royal Mail requested that CWU withdraw its notification of industrial action and commit to following the dispute resolution procedures.

"If CWU does not withdraw its notice of strike action by 12 noon Monday 9 October, Royal Mail will lodge an application with the High Court for an injunction to prevent industrial action."


The Royal Mail said it believed any strike action before the dispute resolution procedures have been followed would be unlawful.

Union members had agreed to back a so-called Agenda for Growth agreement in 2014, which included the dispute resolution procedures, said the company.

"External mediation as set out in the Agenda for Growth agreement has not yet taken place," said the statement.

"A clear mechanism for instituting these procedures is set out in writing in the Agenda for Growth.

"It includes: a) Formal notice of a referral to external mediation from one party to the other; b) The appointment of an external mediator through the mutually agreed process and; c) A comprehensive mediation process which includes the mediator preparing a detailed report, including recommendations for both parties. None of these processes have happened yet."

If the strike goes ahead it will be the first national action by postal workers since the Royal Mail was privatised.

The union is campaigning against plans to close a final salary pension scheme as well as other issues such as pay and jobs.

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Royal Mail have notified the CWU that, unless they cancel the strike action scheduled for the 19th of October and attend mediation, they will apply to the High Court for an injunction to block the post strikes.

Royal Mail have previously said that the post strikes would be unlawful under the Agenda for Growth agreement signed by both parties in 2013 when Royal Mail was privatised. The agreement sets out the requirement for mediation in any disputes before industrial action takes place.

The CWU however suggest that mediation has already taken place. They also point out that the strike ballot is only valid for six months and long delays would result in them having to re-ballot members. The CWU aren’t of a mood to mess around and delay industrial action and want workers to walk out sooner rather than later which will of course leave plenty of time for further strike action.

Popping off to the High Court may delay strike action, which is crucial to stem the inevitable flow of businesses who are likely already considering alternatives, but will infuriate the CWU who will doubtless be even more determined to go ahead with disruption at the earliest possible date.

Hopefully by Monday afternoon we’ll have a clearer idea if the scheduled walkout will go ahead on the 19th – 21st October. If it does, do you have alternative plans in place for your business?

Royal Mail’s Statement in full
Royal Mail has written to CWU invoking the legally-binding external mediation process under the dispute resolution procedures in the Agenda for Growth. Royal Mail requested that CWU withdraw its notification of industrial action and commit to following the dispute resolution procedures. If CWU does not withdraw its notice of strike action by 12 noon Monday 9 October, Royal Mail will lodge an application with the High Court for an injunction to prevent industrial action.

As previously stated, we believe any strike action before the dispute resolution procedures have been followed would be unlawful strike action. Royal Mail notes that, in a ballot in 2014 on all the provisions of the Agenda for Growth agreement including the dispute resolution procedures, 94.5% of CWU members that cast their votes voted Yes.

Contrary to the CWU’s claim in its recent press release, external mediation as set out in the Agenda for Growth agreement has not yet taken place. A clear mechanism for instituting these procedures is set out in writing in the Agenda for Growth. It includes: a) Formal notice of a referral to external mediation from one party to the other; b) The appointment of an external mediator through the mutually agreed process and; c) A comprehensive mediation process which includes the mediator preparing a detailed report, including recommendations for both parties. None of these processes have happened yet.

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Royal Mail has written to CWU invoking the legally-binding external mediation process under the dispute resolution procedures in the Agenda for Growth. Royal Mail requested that CWU withdraw its notification of industrial action and commit to following the dispute resolution procedures. If CWU does not withdraw its notice of strike action by 12 noon Monday 9 October, Royal Mail will lodge an application with the High Court for an injunction to prevent industrial action.

As previously stated, we believe any strike action before the dispute resolution procedures have been followed would be unlawful strike action. Royal Mail notes that, in a ballot in 2014 on all the provisions of the Agenda for Growth agreement including the dispute resolution procedures, 94.5% of CWU members that cast their votes voted Yes.

Contrary to the CWU’s claim in its recent press release, external mediation as set out in the Agenda for Growth agreement has not yet taken place. A clear mechanism for instituting these procedures is set out in writing in the Agenda for Growth. It includes: a) Formal notice of a referral to external mediation from one party to the other; b) The appointment of an external mediator through the mutually agreed process and; c) A comprehensive mediation process which includes the mediator preparing a detailed report, including recommendations for both parties. None of these processes have happened yet.

ENDS

Andrew Moys
Deputy Director of Communications

Royal Mail Group
100 Victoria Embankment, London, EC4Y 0HQ

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CWU tells employer to actually address members’ concerns

MAIL bosses should ditch “court-room politics” and listen to posties, a major union said yesterday as bosses sought an injunction against the first national post strike since privatisation.

Royal Mail executives called on the High Court to crush the 48-hour walkout, which will begin on October 19. They say a “legally binding external mediation process” agreed when the post was privatised in 2013 means the strike is unlawful.

The company, which is facing fierce opposition to changes to its pension scheme, gave the Communication Workers Union ( CWU) until midday yesterday to call off the strike.

When the union refused to do so, bosses said they were applying for an injunction to “prevent industrial action so that the contractual external mediation process can be followed.”

The CWU said bosses had originally issued an additional letter alleging the union “failed to take reasonable steps to notify our members of the ballot result.” Officials said the company had subsequently withdrawn its threat for legal action on this basis.

CWU general secretary Dave Ward said: “The fact Royal Mail Group has tried multiple angles to stop our members exercising their democratic right to take strike action shows how desperate it is.

“Instead of playing court-room politics they should be listening to the overwhelming ballot result.

“We call on the public and businesses across the country to back their postal workers in what was always going to be a watershed dispute.”

Bosses are trying to scrap the current defined benefit pension scheme, replacing it with what the union describe as a “cash-out” programme. The union has put forward its own proposal for a “wage in retirement” scheme.

Posties are also calling for the protection of terms and conditions and a 35-hour working week.

But are likely to believe the strike will be less disruptive if they can delay it until after Christmas — which is the Royal Mail’s busiest time of year.

But CWU deputy general secretary Terry Pullinger countered: “This dispute was never about Christmas, it’s about protecting our members and this great public service and it will take as long as it takes. We will defend our members through whatever means necessary.”

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Members of Labour’s Cam, Dursley & Berkeley Branch show their support last night for the CWU

The CWU has issued a rallying cry to members of the public after Royal Mail announced they would seek an injunction to stop this month’s strike.

The union last week announced a 48-hour strike in their campaign for better pensions, pay and jobs. On Friday evening, it received two separate letters from Royal Mail’s solicitors stating they would be seeking an interim injunction to stop the strike.

The first letter was in regard to potential legal proceedings and external mediation; the second was in relation to the company alleging the union failed to take reasonable steps to notify our members of the ballot result.

Both letters required the union to respond by noon yesterday and to withdraw the notice for next week’s strike action. The union refused to do so and, following legal advice, will defend its position in court, if necessary.

Since the company’s initial letters were sent on Friday 6th October, we have now received two subsequent communications. Firstly, to notify us that Royal Mail has now applied to the court for an interim injunction in relation to their claim on mediation. Secondly, the company has withdrawn the legal challenge regarding our alleged failure to notify our members of the ballot result.

CWU general secretary Dave Ward said: “The fact Royal Mail Group have tried multiple angles to stop our members exercising their democratic right to take strike action shows how desperate they are. Instead of playing court room politics they should be listening to the overwhelming ballot result. We call on the public and businesses across the country to back their postal workers in what was always going to be a watershed dispute”.

CWU deputy general secretary Terry Pullinger said “Our members voted by 9 to 1 to back their union. This underhanded act from the employer is a deliberate attempt to misinterpret and use the agreement to stop postal workers exercising our right to strike and will only anger members further. This union is not going away and will stand up for our members in the court room and in every workplace across the UK. This dispute was never about Christmas, it’s about protecting our members and this great public service and it will take as long as it takes. We will defend our members through whatever means necessary.”

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Royal Mail has applied to the high court for an injunction to prevent next week’s planned 48-hour walkout by members of the Communication Workers Union. A lot is riding on the court’s decision – for both sides.

In the case of Moya Greene, the chief executive of Royal Mail, her credibility is on the line. She negotiated an “agenda for growth” agreement with the union just before privatisation in 2013 and it is a clause in that document that the company is now trying to enforce.

In essence, Royal Mail committed not to move jobs offshore, not to outsource roles and to limit the use zero-hours contracts. In return, it argues, the CWU agreed that five weeks of arbitration must take place before a strike can go ahead. Given how much weight Royal Mail attached to the agreement – at privatisation and subsequently – Greene needs to be able to show the wording was legally watertight.

The CWU’s stance is that mediation has already happened and that Royal Mail is deliberately misinterpreting the 2013 agreement. There was a mediator present during the 18 months of talks that failed to reach a deal on pay and pensions, it argues. Union leaders, too, will look foolish if their legal arguments fail and next week’s strike has to be abandoned. The CWU signed the “agenda for growth” document; it is not a general piece of trades union legislation.

A battle in the high court probably won’t calm the mood on either side, whatever is decided, but the loser will start on the back foot