A HIGH Court judge has ruled in favour of Govia Thameslink Railway after it objected to alleged 'discrepancies' in the way ASLEF had conducted a strike ballot of its driver members on GTR's Gatwick Express route.
The union is opposing the introduction of 12-car trains with only a driver on board on safety grounds, although the older trains on the route, with a maximum length of 10 cars, have been in use for many years without a conductor. GTR has pointed out that it already operates DOO (driver-only operated) 12-car trains successfully on its parallel Thameslink services, which also call at Gatwick Airport.
A provisional injunction preventing industrial action has been granted by Mr Justice Supperstone. This will continue until claims that ASLEF had acted unlawfully can be investigated at a full hearing, which has been set down for 27 June.
ASLEF had submitted that preventing industrial action in the wake of a ballot in favour would be 'oppressive', but the judge dismissed this, saying: "The potential disruption and inconvenience to the general public and damage likely to be caused by the industrial action significantly outweighs the suggested harm to the union."
It's the second time GTR has been to court in this dispute, Earlier, ASLEF had been accused of 'inducing' its drivers not to work 12-car Gatwick Express trains alone, and two services were cancelled before GTR obtained an injunction against such informal action.
The RMT is also in dispute with GTR over proposals to let drivers control the doors on many Southern trains, although a second member of traincrew would still normally be carried as an 'on board supervisor'. Again, the union is claiming that safety would be at risk.
A GTR spokesman said: “We are pleased that the Court has agreed with us and granted an injunction against the ASLEF ballot. This means that any industrial action the union was planning cannot now take place. This will come as a great relief to our passengers.
“Following this ruling, we now urge both RMT and ASLEF to return to the negotiating table. We have been seeking proper negotiations on the various disputes for six months, and both ASLEF and RMT have refused to engage in any sort of meaningful dialogue. Rather than continue these disputes, let’s instead sit down and talk about this properly. That is what every passenger would want."