North West E-Bulletin

Issue 4 - Sept/Oct 2005

On the 25th August 2005, a Director of Stephenson Engineering and Amicus formally signed a new Recognition Agreement.

 

To think it all started with an Amicus Official and Organiser meeting with a group of their employees in a local pub after work. They were tired of being left in the dark and wanted a union to make a difference at their workplace. The Company employs around 30 shop floor workers and over a period of a couple of months, the majority had joined Amicus.

 

However, the new members didn't expect Amicus to be well received by the Company and were surprised when we were invited to meet with them and have a look around the factory.

 

The company admitted that communication with staff had been poor and hoped that having a formal union structure would assist them in that regard. The members are also looking for a number of issues to be addressed in the near future through their two elected representatives.

 

 

Amicus has won a claim for unfair dismissal for members employed at P&F (Pressings & Fabrication), Congleton who made parts for the automotive industry. Amicus took the company to Employment Tribunal after members at P&F received no consultation and were made redundant last Christmas after the company went into administration.

 

The tribunal ruled that there had been no consultation and because the employees had been unfairly dismissed they have been awarded a protective award for 90 days.

 

Given this ruling and that the company are in administration Amicus is taking steps to retrieve as much money as possible on behalf of our members.

 

Amicus welcomed the fact that the uncertainty over the sites ownership has ended and Bombardier have announced their decision to retain ownership of the Crewe and Swindon site. The company aims to transform the Crewe and Swindon operations into world class manufacturing sites.

 

It was however, emphasised that the workforce required that the future size and areas of operation must be identified at the earliest opportunity.

 

The announcement is now being cascaded down to the workforce and the wider rail industry.

"The Flying Scotsman" was the star attraction of some 15 live steam engines that visited the Crewe Works Open Weekend on Saturday 10th and Sunday 11th September.

 

Shop stewards at Bombardier, Crewe helped to jointly organise the event with management to raise money for "The Webb Crewe Works Charity Fund" that makes regular donations to local hospitals, charities and good causes.

 

Amicus Officials and Representatives had a stand at the event to promote Amicus and the role and work of the union in the modern workplace. Amicus survey postcards were circulated to visitors and these were filled in mainly by 30 something adults with young children although there were a few train spotters amongst them. The results confirmed that 56% had heard of Amicus and 44% had not heard of Amicus. As part of the event a model provided by Amicus was claimed on Saturday 10th September.

 

The Event was a staggering success and the gross takings for the weekend exceeded £80,000 net.

 

First Bus in Cheshire is facing industrial action in a dispute over pay. Engineering maintenance workers at First Bus in Chester and the Wirral voted overwhelmingly to reject a pay offer they say leaves them lagging behind employees working in similar roles in other local companies.

 

Following a ballot in early September the offer was rejected by 24 of the 30 Amicus members. Amicus members say that an offer of 4% from April and an extra 1.5% from October, then 3.5% from April 2006 is not enough to close the pay gap between them and other employees carrying out similar roles within the area who enjoy salaries in excess of 14.5% higher than the engineers at First Bus.

 

A warehouse distribution company for cigars, cigarettes and tobacco based in Crewe have been offered a 3.9% pay increase subject to a membership acceptance on 16th September.

 

Amicus will be recommending accepting the pay offer.

 

We are constantly looking at ways of improving the services provided to members, and an important part of that improvement is the way in which we communicate.

 

Our website is an increasingly popular and essential form of communication, and we have recently launched a new step in its development – "My Amicus". This is an area dedicated to members only, tailored to the members' own sector of work and allowing members to change their personal details directly. If you want to add your email address or update details then log onto the link below and register on "My Amicus".

 

Many other exciting developments linked to this first step are planned, so make sure you get in at the beginning and log onto www.amicustheunion.orgnow and register on "My Amicus".

 

Remember this facility is only available to members!

An Amicus member working for Vauxhall Motors, Ellesmere Port, has received damages after he developed a painful neck and arm condition through the fitting of passenger seats into cars.

The member, a production operator for six years, worked on the line installing passenger seats into cars. This involved repeatedly removing excessively tight elasticated straps, about 20 sets and hour, which were used to secure the seats to metal trays used to deliver them along the conveyor. He had to use a great deal of force to free them, which caused pain to shoot up his arms and into his neck.

 

Following complaints, action was taken on the tightness of the straps. But around 50% remained excessively tight and the pain continued. Other workers doing the same job started suffering similar pains. None had received manual handling training or instructions from their employer on how to remove the straps without risk of injury.

 

By the end of 2002, he was experiencing intermittent numbness and weakness in his left hand that impaired his grip. One morning he woke to find that two fingers were stuck in a clawed position. He was eventually diagnosed with a condition called Ulna Nerve Palsy, or Cubittunnel Syndrome in his left elbow, which required an operation.

 

Vauxhall denied liability for his condition but Amicus' lawyers were successful at trial and the court awarded £2650 damages.

A member who was injured when he fell from a ladder and was subsequently sacked for breaching his employer's health and safety procedures has accepted £60,000 compensation for his injuries.

 

Tom Davies*, who was employed as a site manager fell from the ladder in December 2003 while trying to access a water tank in order to drop in a sub pump. The ladder, which was 10 to 12 foot high, slipped from the side of the tank.

 

Mr Davies* sustained a fractured right heel bone which resulted in restricted movement. Although he made a good recovery, the prognosis was a risk of secondary arthritis and subsequent difficulty working with ladders, as well as a likely disadvantage on the open labour market.

 

His employers admitted liability after Amicus' lawyers issued court proceedings on the members' behalf. Initial offers to settle the case for substantially less than £60,000 were rejected on the advice of Amicus' lawyers, which resulted in the increased offer.

This admission of liability was however made after the company dismissed Mr Davies* for "gross misconduct for acting with a complete disregard to company Health and safety Procedures, therefore causing the injury to himself."

 

Amicus represented Mr Davies* in his appeal against his dismissal, but this was unsuccessful and unfortunately he had not been employed long enough to have the right to take his employer to an employment tribunal.

 

Mr Davies* said: "I hope that my case will encourage other lone union members who may also be isolated at work to feel confident in contacting their union for assistance."

*names changed.

 

 

Currently it is estimated that 1,800 people die each year from malignant mesothelioma. Mesothelioma is an incurable lung disease caused almost exclusively by exposure to asbestos. The condition brings death often within 12-18 months of diagnosis. It is thought the number of deaths as a result of asbestos exposure will continue to rise and forecasts are that by 2020 the death rate is likely to be 2,000 to 3,000 per year in the UK alone. Often victims of asbestos are denied compensation, and many receive little or nothing by way of State Benefits.

 

Asbestos related conditions include asbestosis, mesothelioma, lung cancer, pleural plaques, asbestos pleurisy and pleural thickening.

 

Amicus support many claims for compensation for asbestos related disease in the North West Region. Here are a few recent examples:

 

 

 

One of the most common causes of injury to Amicus members in the workplace relates to poor housekeeping – that is an untidy workplace. Injuries often occur that could easily have been prevented. Often employers initially deny liability and/or offer little by way of compensation.

 

Mr B slipped on oil during the course of his duties as a fitter. Amicus' solicitors obtained a settlement of £3,500.00.

 

Mr C was injured when a trolley he was pushing went into a pothole. The wheels jammed into the pothole forcing the trolley into the member's leg causing him to fall. Amicus' solicitors obtained a settlement of £5,000.00 for Mr C.

 

Mr S slipped on water, which was leaking, from a defective pipe. The leak had been previously reported to management. Mr S suffered injuries to his back, neck, ankle and teeth. The member received compensation in the sum of £18,000.00. On this occasion the injury could easily have been avoided had the company carried out a simple repair to a leaking pipe.