LD12986
26th May 2011, 13:08
Duncan has confirmed that he has lost:
Yesterday was not a good day for me.
I started it by driving to Weymouth at 6am and then ploughing out 27 miles into the English Channel to go wreck fishing for cod. There were 9 anglers on the boat and all day my brother and I watched in envy as the rest hauled in 20lbs cod at regular intervals while our rods remained redundant (story of my life I hear someone say).
There is nothing worse than heading back to port with an empty freezer bag while everyone elses on the boat is over flowing. Still the sun was shining and Weymouth in the looked a picture. And then, as we sailed into to the harbour my phone - which had been blissfully silent all day - bounced into life and I had a message and an e mail from OH Parsons informing me that I had lost my tribunal on a 2-1 split decision.
A bad day had just got even worse. So in the time honoured tradition of all crew when they have had a tough flight or bad news, I went into the first pub I could find and had a pint.
I am not going to go down the “great injustice” road but permit me a few observations. Winning tribunals aint easy. As a union person in an employment tribunal for unfair dismissal, you have to persuade not only a judge with a managerial background but the main judge himself and my experience over the last few years has taught me that the “establishment” usually close ranks in politically charged cases.
There is no doubt then that the ACAS arbitration route will be so much fairer. At tribunals you rarely get the chance to give your side of the story 100% which in my case was very frustrating, plus of course the three judges cannot be expected to pick up every subtle nuance of de-rostering etc.
I felt - and I know it to be a case in most tribunals - it is very much akin to being the accused in the dock, which is a far from pleasant experience and comes as a bit of a shock. There is no doubt that the courts these days for whatever reason are not union friendly, we have all seen that over the last two years and that fact should not be forgotten especially by those who think all problems will be solved by continued litigation. It may well be but the odds are stacked in favour of one side and it isn’t ours.
Meanwhile, I have until June 30th to appeal and I shall be consulting Len and the lawyers as to the best option.
In the meantime, I am not writing off my chances but obviously I have got to be realistic now and face up to my personal future, but first I want to say, even with hindsight, I would not have done things much differently throughout my whole disciplinary case.
The bottom line was BASSA could not let BA dictate when senior representatives could be de-rostered for vital union duties especially in times of dispute.
To have caved in then would have been the beginning of the end and within 6 months we would not have had a rep standing nor an ongoing massive mandate for industrial action. As it is we have come out the other end with just a few casualties. I hope Nicky, Mark and all the other sacked colleagues find what they want through ACAS. I think they have a much chance there.
To be frank it has been a very hard time for myself, Louise and my two teenage children. They have watched as I have been hounded by first BA and then the national media, two police forces and the general public.
My personal life has been badly besmirched by anonymous cowards on websites etc etc and, at times it has been heavy going, but without sounding too corny your unwavering support has dragged me through all the pain and hardship. It has been worth it and even more so now, as we stand on the threshold of hopefully accepting an honourable settlement.
If I had found out the result of my ET 6 weeks ago, I would have been very down, there was no end in sight and I would have lost my job in vain. But thanks to an outbreak of common sense and bravery on the side of the leader of BA, fresh impetus from a new, trustworthy and pragmatic leader of Unite and the negotiating skills and patience of Nigel and Chris, you are about to vote on a settlement I believe to be the best attainable guarantee for all of your futures.
It is not perfect but all major bases have been covered. Remember, we did not enter the negotiations with our foot on management’s throat, the VCCs and our cowardly colleagues who went to work ensured that the cards in our hand, while not poor could have been stronger.
The ironic thing is though, the settlement ensures a better pay deal than the one offered to those who individually took the company’s shilling and now, because of collective bargaining by a union, these greedy selfish people will benefit through your bravery and loyalty.
Proves all along how wrong they were. This agreement ensures your union BASSA is here to stay and here to be listened to. The fight and the pain has been worth it for me, let’s not snatch defeat from the jaws of victory.
I have been quite shocked and hurt at some of the negativity on the [BASSA] forum. While of course everyone should be allowed a say and debate is healthy, I have been disappointed by inaccurate statements and general scaremongering since publication of the document.
Decisions and opinions should be formed by facts not rumours. The one doing the rounds yesterday that all pursers will have to reapply for their jobs in July is absolutely codswallop (who mentioned cod) and has been circulated by people - not necessarily crew - with agendas. There are people out there who want this dispute to continue to prove their actions and words vindicated.
These people are not friends of crew (or BA), don’t fall into their trap so please do not pay regard to these rogue texts and postings on the forum. I believe we, and I mean BASSA here, have not let you down and never hid the truth from you. If we sincerely regard this deal as the best possible please take that into account when you cast your vote and not some scurrilous rumour from a source that is anonymous.
I promised you all that I would tell you the result of my tribunal the moment I was given it. Unfortunately by the time I got home last night it was too late to compose anything that made sense - I am assuming this does - so I hope this is soon enough.
Very shortly the ballot will be on your doorstep, vote wisely.
I would just like to thank again all those who have sent messages of support and to the masses out there who quietly have backed me and BASSA throughout.
Your strength, dignity and loyalty has won the day, in my humble opinion. We are coming to an end of an era and the job of cabin crew will evolve to suit the times, but I sincerely think all those who participated in strike action have not only prolonged and secured their future but have become infinitely better and stronger people by their actions.
Regards
Duncan
Yesterday was not a good day for me.
I started it by driving to Weymouth at 6am and then ploughing out 27 miles into the English Channel to go wreck fishing for cod. There were 9 anglers on the boat and all day my brother and I watched in envy as the rest hauled in 20lbs cod at regular intervals while our rods remained redundant (story of my life I hear someone say).
There is nothing worse than heading back to port with an empty freezer bag while everyone elses on the boat is over flowing. Still the sun was shining and Weymouth in the looked a picture. And then, as we sailed into to the harbour my phone - which had been blissfully silent all day - bounced into life and I had a message and an e mail from OH Parsons informing me that I had lost my tribunal on a 2-1 split decision.
A bad day had just got even worse. So in the time honoured tradition of all crew when they have had a tough flight or bad news, I went into the first pub I could find and had a pint.
I am not going to go down the “great injustice” road but permit me a few observations. Winning tribunals aint easy. As a union person in an employment tribunal for unfair dismissal, you have to persuade not only a judge with a managerial background but the main judge himself and my experience over the last few years has taught me that the “establishment” usually close ranks in politically charged cases.
There is no doubt then that the ACAS arbitration route will be so much fairer. At tribunals you rarely get the chance to give your side of the story 100% which in my case was very frustrating, plus of course the three judges cannot be expected to pick up every subtle nuance of de-rostering etc.
I felt - and I know it to be a case in most tribunals - it is very much akin to being the accused in the dock, which is a far from pleasant experience and comes as a bit of a shock. There is no doubt that the courts these days for whatever reason are not union friendly, we have all seen that over the last two years and that fact should not be forgotten especially by those who think all problems will be solved by continued litigation. It may well be but the odds are stacked in favour of one side and it isn’t ours.
Meanwhile, I have until June 30th to appeal and I shall be consulting Len and the lawyers as to the best option.
In the meantime, I am not writing off my chances but obviously I have got to be realistic now and face up to my personal future, but first I want to say, even with hindsight, I would not have done things much differently throughout my whole disciplinary case.
The bottom line was BASSA could not let BA dictate when senior representatives could be de-rostered for vital union duties especially in times of dispute.
To have caved in then would have been the beginning of the end and within 6 months we would not have had a rep standing nor an ongoing massive mandate for industrial action. As it is we have come out the other end with just a few casualties. I hope Nicky, Mark and all the other sacked colleagues find what they want through ACAS. I think they have a much chance there.
To be frank it has been a very hard time for myself, Louise and my two teenage children. They have watched as I have been hounded by first BA and then the national media, two police forces and the general public.
My personal life has been badly besmirched by anonymous cowards on websites etc etc and, at times it has been heavy going, but without sounding too corny your unwavering support has dragged me through all the pain and hardship. It has been worth it and even more so now, as we stand on the threshold of hopefully accepting an honourable settlement.
If I had found out the result of my ET 6 weeks ago, I would have been very down, there was no end in sight and I would have lost my job in vain. But thanks to an outbreak of common sense and bravery on the side of the leader of BA, fresh impetus from a new, trustworthy and pragmatic leader of Unite and the negotiating skills and patience of Nigel and Chris, you are about to vote on a settlement I believe to be the best attainable guarantee for all of your futures.
It is not perfect but all major bases have been covered. Remember, we did not enter the negotiations with our foot on management’s throat, the VCCs and our cowardly colleagues who went to work ensured that the cards in our hand, while not poor could have been stronger.
The ironic thing is though, the settlement ensures a better pay deal than the one offered to those who individually took the company’s shilling and now, because of collective bargaining by a union, these greedy selfish people will benefit through your bravery and loyalty.
Proves all along how wrong they were. This agreement ensures your union BASSA is here to stay and here to be listened to. The fight and the pain has been worth it for me, let’s not snatch defeat from the jaws of victory.
I have been quite shocked and hurt at some of the negativity on the [BASSA] forum. While of course everyone should be allowed a say and debate is healthy, I have been disappointed by inaccurate statements and general scaremongering since publication of the document.
Decisions and opinions should be formed by facts not rumours. The one doing the rounds yesterday that all pursers will have to reapply for their jobs in July is absolutely codswallop (who mentioned cod) and has been circulated by people - not necessarily crew - with agendas. There are people out there who want this dispute to continue to prove their actions and words vindicated.
These people are not friends of crew (or BA), don’t fall into their trap so please do not pay regard to these rogue texts and postings on the forum. I believe we, and I mean BASSA here, have not let you down and never hid the truth from you. If we sincerely regard this deal as the best possible please take that into account when you cast your vote and not some scurrilous rumour from a source that is anonymous.
I promised you all that I would tell you the result of my tribunal the moment I was given it. Unfortunately by the time I got home last night it was too late to compose anything that made sense - I am assuming this does - so I hope this is soon enough.
Very shortly the ballot will be on your doorstep, vote wisely.
I would just like to thank again all those who have sent messages of support and to the masses out there who quietly have backed me and BASSA throughout.
Your strength, dignity and loyalty has won the day, in my humble opinion. We are coming to an end of an era and the job of cabin crew will evolve to suit the times, but I sincerely think all those who participated in strike action have not only prolonged and secured their future but have become infinitely better and stronger people by their actions.
Regards
Duncan