The Bakerloo Branch unanimously agreed the following resolution at its meeting on the 8th of May:
"The Bakerloo Branch notes that our Union Learner Rep, Clive Protheroe is facing a CDI (disciplinary hearing) for an error he committed in February 2012.
This Branch accepts that on the day in question Bro Protheroe did not carry out the correct procedure: that is he did not manually detrain his defective train following the loss of pilot light. However it is clear from the investigations that took place that Brother Protheroe was convinced that all passengers were off and all the doors were closed and the procedure was safe.
From the fact finding enquiries involved in this case and the initial observations from the Formal Investigation Report it is unambiguous that Bro Protheroe WAS NOT AWARE he had open doors and that his train had not been properly detrained.
The Bakerloo Branch believes that the inactions of the Control room compounded and aggravated this situation.
The Bakerloo Branch further notes that London Underground’s policies state that “when considering the right course of action for handling issues related to staff errors, consideration needs to be given to whether the alleged mistakes are conduct related (ie wilful, intentional), or performance related (ie, genuine mistakes)… if conduct related then for all staff the appropriate formal process is the disciplinary procedure”.
This Branch believes that if Brother Protheroe had wilfully carried out the wrong procedure or lied about it subsequently a gross misconduct charge at a CDI would have been the correct charge. However both investigating managers during this process have commended Clive for his honesty. As Brother Protheroe has neither wilfully breached the procedure or lied through the investigations a Corrective Action Plan or Local Disciplinary Investigation would have been appropriate.
This Branch further notes that the Train Operations Manager at Queens Park announced that Bro Protheroe was facing a CDI in breach of Clive’s confidentiality and in breach of an ongoing process involving discussions with HR and the RMT’s Regional Organiser. We also note that at no point was Clive allowed access to RMT representation at any of the fact finders that took place, in contravention of LU policies.
This Branch further notes previously grossly unfair and disgraceful treatments ONLY IN THE LAST YEAR of our driver members on the Bakerloo Line namely: Eamonn Lynch, Issa Kannu and Jayesh Payel which were only resolved through strong union campaigns involving industrial and legal means.
The Bakerloo Branch is extremely concerned that Bakerloo management and London Underground are continuing with their victimisation campaign of our rep Clive Protheroe. This Branch requests that the General Grades Committee launches a high profile campaign around this case and prepares a ballot matrix of our driver members on London Underground in the event of an unfair sanction on our member.
We agree to send this resolution to the Regional Council and the General Grades Committee."