Alex Mcguigan was adriver at Morden whohad worked for LU for29 years. He wasdismissed in August forfailing a randombreathalyser test. Webelieve Alex failedbecause he hasdiabetes which affec-ted the test resultingin a 'false positive'result. To make thingsworse the breath-alyser test was notcarried out withinguidelines.

The RMT has decided toballot members forindustrial action toprotect London Underground drivers fromunfair dismissal due to LondonUnderground's inexact testing process.

Diabetes affects many staff memberswithin LU and could affect any of us atsome point in our lives. It is therefore a risk

to all of us that abreathalyser test couldresult in a ‘false-positive’due to this condition, andthat LUL do not ensurethat their testing regimeis fair.

We've seen scientificevidence that showsdiabetics have blownhigh false-positivereadings on a breatha-lyser when no alcoholhas been consumed. It isour position that there isnot sufficient evidenceto say that Alex brokeLUL's policy.

One person has alreadybeen unfairly sacked. If we do nothing itwill happen again.

Ballot papers will be sent out on Monday26th January 2015 and must be returnedfor the closing date of Tuesday 10thFebruary 2015. Vote Yes for Industrialaction.

January 2015 Defend Alex www.rmtlondoncalling.org.uk/Alex☆ ☆

Vote Yes For Strike To Defend Alex• Alex McGuigan has diabetes which is known to affect breathlyser testing

• Guidelines were not followed when Alex was tested

• An LUOH doctor supported our concerns

• We demand Alex is reinstated or that LUL agree to abide by ET outcome

• LUL testing procedure must be made robust and fair for all workers

At Morden Alex's RMT colleaguesvoted YES to strike by 75%

Written for train drivers, by train drivers

Members are aware that your Union’s ExecutiveCommittee has taken the decision to conduct aballot of all Train Operator and InstructorOperator members over this issue. The ballotnotice was sent to the Company yesterday.

You will also have receiveda communication from LULtrying to convincemembers not to participatein this ballot and anysubsequent industrialaction. As members areaware, the decision toescalate this issue wastaken following aresolution from the LondonTransport Regional Counciland Finsbury Park Branchand various meetingsincluding all RMT Reps.

As always, RMT remains available for discussionsto resolve any industrial dispute and as far as we

are concerned, this matter is no different andstrike action will always be the last resort. Wedid go to talks at ACAS to try to reach a positionwhere the previous industrial action could besuspended but these talks broke down due to a

complete failure of the management side toengage with Union officials. Our offer to call offthe action in return for a commitment that thecompany would honour any employment tribunal

decision to reinstateBrother McGuigan was alsorejected.

As we are all aware,London Underground has awell-known policy that youcannot drink anythingduring the 8 hours beforeyou start a shift andBrother McGuigan abidedby this rule and did notdrink during the 8 hoursbefore his shift started. Hebooked on for the shift as

normal but did not undertake any train drivingduties.

Throughout this case, management has failed tolisten to us and in turn, has failed to listen to theviews and wishes of you and your colleagues aswell. Instead of giving fair consideration todefence or mitigation, the Company isdetermined to sack effective trade unionactivists. This is becoming an issue across thewhole of London Transport and must be resistedby all means at our disposal. - RMT General Secretary Mick Cash

Industrial reps:Dean O'Hanlon - 07956 342235Will Reid - 07983 958 429Vaughan Thomas - 07720 297657

H&S reps:Jim McDaid - 07917 131692Nigel Eivers- 07961 141924Derek Bishop- 07772 429 802

RMT Offer To Call Off Ballot If LULRespect Employment TribunalDecision. Tube Bosses Say No

Get in touch with trains council

Hendy Apologises

Progress over this dispute was hampered by a statement made by TfL Commissioner Peter Hendy that Alex McGuigan was found to be drinking at work. This statement was quickly withdrawn along with a written apology and acceptance that the allegation is NOT TRUE.

“Feedback from members presented a strong and clear desire to step upthe fight against this unfair dismissal of your colleague and RMT activistwith 29 years’ unblemished service on the job. It is of no surprise that LUis pulling out all the stops to try to mitigate the impact of this campaign.”

- RMT General Secretary Mick Cash