The independent inquiry into allegations of sexual harassment and bullying within TSSA has now concluded.

[yorkie]

Independent Inquiry | TSSA

An independent inquiry into allegations of sexual harassment, discrimination and bullying within TSSA, relating to TSSA officials and others employed by the union, has now concluded.

www.tssa.org.uk

The independent inquiry into allegations of sexual harassment and bullying within TSSA has now concluded...

...The report makes difficult reading and highlights serious issues that the union needs to face up to and tackle...

...The report says that sweeping change is required within TSSA. We recognise that change is needed and that action must be taken to urgently address failings. TSSA is committed to implementing widespread change. We are seeking support from the GMB union and we hope to learn from their experience in tackling institutional issues, addressing head-on the challenges and driving through cultural and institutional change...

Full report attached.

Although unions pirport to stand up for various principles such as equality, unions are not always squeaky clean on such issues themselves; such issues are not isolated to the TSSA by any means. However it is good to see the TSSA have accepted the report and promised to make the necessary changes. Hopefully that will happen promptly and robustly.

 

[43066]

Although unions pirport to stand up for various principles such as equality, unions are not always squeaky clean on such issues themselves

Neither are certain political parties, some governments (noting the current allegations against a certain cabinet minister), some police forces, the armed services, and various commercial organisations. Why should trade unions be any different?

However it is good to see the TSSA have accepted the report and promised to make the necessary changes. Hopefully that will happen promptly and robustly.

Indeed.

 

[Thirteen]

The report is uncomfortable reading, I suspect if the GMB TSSA merger goes ahead, they'll end up getting rid of the TSSA name in favour of just calling it GMB.

Neither are certain political parties, some governments (noting the current allegations against a certain cabinet minister), some police forces, the armed services, and various commercial organisations. Why should trade unions be any different?

TBH A lot of trade unions would benefit from newer talent coming aboard. Sharon Graham replacing Len McCluskey was in my mind a great improvement.

It would be good to see the rail unions become more diverse leadership wise, I know it's not their fault but it's a bit dated that the leadership and General Secretaries are all middle aged white men.

 

[DarloRich]

Shocking report. Awful. Good that the recommendations have been accepted in full. They need to be delivered swiftly as does, I suspect, the GMB merger.

 

[43066]

TBH A lot of trade unions would benefit from newer talent coming aboard. Sharon Graham replacing Len McCluskey was in my mind a great improvement.

Not denying that at all.

It would be good to see the rail unions become more diverse leadership wise, I know it's not their fault but it's a bit dated that the leadership and General Secretaries are all middle aged white men.

I wonder how true that is in all industries. Nursing and teaching unions certainly seem to have female leadership. There’s also the point that leadership takes a long time to filter through, of course (again as with many industries).

To be clear I’m not detracting in any way from what’s in that TSSA report which is indeed shocking. It is interesting that unions themselves often don’t make good employers (they’re a little like the charity sector in that respect: ideological, cash strapped, run on a shoe string).

 

[Bald Rick]

I’m a little surprised there’s not more comments on this thread.

I have read the report in full, and I recommend it to everyone. It is quite absolutely shocking, and (un)comfortably the worst report into any (legal) organisation culture i have read. If I were a member of that union I would not only be disillusioned, but also be asking for my subs back in relation to the pay off Cortes evidently received for resigning, which was agreed in a completely ‘closed’ deal without any scrutiny.

The bigger concern, for me, is the acceptance, indeed expectation of the behaviours described, and how widespread that was. It reads like something from Soviet Russia - a small cabal of self selected people calling the shots; anyone not towing the party line is a troublemaker and should be be belittled / ignored / abused; transgressions swept under the carpet; senior officials anointed without much challenge; 4 legs good, two legs better, etc.

In my time I have dealt with all three of the main rail unions, and TSSA have always been the most reasonable, sensible, and (being frank) willing to listen to their members. I have heard (many times) of similar issues around the lack of democracy and inability to influence in all three unions, but am genuinely surprised at the scale of it in TSSA. It seems unlikely to me that the TSSA would be an isolated case. I hope that other unions have a good hard look at themselves, and more importantly, allow their members to do so.

It’s such a shame, as the TSSA had (and has) some really good local reps - reps who in my experience truly understand what being a union rep is about. But they have been brought into disrepute by their leadership, which has ultimately resulted in the end of that union.

 

[Horizon22]

Neither are certain political parties, some governments (noting the current allegations against a certain cabinet minister), some police forces, the armed services, and various commercial organisations. Why should trade unions be any different?

That's rather a straw man argument to make.

In my time I have dealt with all three of the main rail unions, and TSSA have always been the most reasonable, sensible, and (being frank) willing to listen to their members. I have heard (many times) of similar issues around the lack of democracy and inability to influence in all three unions, but am genuinely surprised at the scale of it in TSSA. It seems unlikely to me that the TSSA would be an isolated case. I hope that other unions have a good hard look at themselves, and more importantly, allow their members to do so.

It’s such a shame, as the TSSA had (and has) some really good local reps - reps who in my experience truly understand what being a union rep is about. But they have been brought into disrepute by their leadership, which has ultimately resulted in the end of that union.

I'd agree and better than the RMT in my experience. But the RMT doesn't seem to have such a disconnect between the top leadership and rank-and-file reps. Some shocking details in the report.

 

[Bald Rick]

But the RMT doesn't seem to have such a disconnect between the top leadership and rank-and-file reps.

I’m not sure about that. We‘ll see tomorrow.

 

[Facing Back]

To be clear I’m not detracting in any way from what’s in that TSSA report which is indeed shocking. It is interesting that unions themselves often don’t make good employers (they’re a little like the charity sector in that respect: ideological, cash strapped, run on a shoe string).

My experience is that not all charities are badly run. Although when they are well managed many of their employees think that they are poor employers.

Not the point of this thread though - I will complete reading the report

 

[ComUtoR]

I’m a little surprised there’s not more comments on this thread.

I think that most people are aware that this is not a unique situation to a Union or indeed a modern society. Many on this forum are of a certain age, and are therefore, neither surprised, or actually bothered. Due to the apparent age of most of this forum. I would say that many have actually experienced the culture that this report highlights. The railway is old, white, working class, heavily misogynistic, racist, and stuck in it's ways. Is anyone actually shocked or surprised ? I'm almost 20yrs in and I can tell you many, many, horror stories.

Many industries have similar cultures and sadly, in some ways, there are many people, who still support 'old school' work culture. There is still a firm belief that Managers and other salaried staff, should put in their hours and dedicate their life to their roles. Give up rest day working and give up any self worth and be a slave to the system. This is something seen in the old school financial sector with the culture of long working hours and corporate ladders.

Nepotism, bullying, sexism, racism, ageism, etc is still rife across the entire board but just more apparent in the more stalwart sector holdouts (rail, finance, business, tech, building, etc) I'm not sure what the point of discussion is. We all know it exists, we all know it is bad, hopefully the world is changing enough to make a difference. Sadly, not gonna happen in my lifetime.

It's also not a Union thing, no matter how bias of a slant anyone wishes to put on it. It's a 'people thing' No matter the sector or industry; the ideals are to make change and be more inclusive. It's those individuals who still hold on to their antiquated beliefs regarding others that are the real problem.

We live in a world where Teachers enter into sexual relationships with minors, Priests and the Church cover up abuse, LGBTQ+ issues are headline news, Transgender is a ticking time-bomb between support and outright hatred, Footballers getting accused of X,Y, and Z, Politicians cheating on their wives, taking cocaine, making unwanted advances, Police officer's committing all kinds of crimes, and Christ knows what else is happening in this crazy world we currently live in. We even have, on this very forum, complaints that some candidates are given priority over others.

As a person. I will do the best I can to support those who need it most. I will be the best person I can with how I treat others. I will be respectful and understanding of all races, cultures and beliefs. What I will also do; is to teach my children the same. Society IS changing. It's just taking time (too long)

 

[Andrew1395]

The last General Secretary oversaw the abolition of company branches. Ours was closed we were told because less than ten people attended meetings. We are now in a sub regional branch with 1,000 members with less than five attendees. Read the minutes and the meeting seems mostly about those attendees getting nominated to their personal political organisations of choice. Very little about employment matters in the railway and wider travel business. Turnout to elect that General Secretary 20% made our local elections at 35% look like a high point of representational democracy.

Too often under the last regime it was an emphasis on political campaigns that had little resonance with members and the core purpose of providing services to members and supporting the advancement of public transport. Of course unions legitimately hold political positions both on National and international issues. But it should not be the main thing they go on about. I think the TSSA spent more time on supporting Venezuela than it did campaigning to reinstate travel facilities to new entrants to the industry. Of course it hosted Momentum in Walkden House - possibly not at full commercial rates.

Most of the full timers I came across were pretty good. But overall the services to ordinary members was poor. For example HQ did not even know it had signed a collective bargaining agreement with my employer. I had to send them the signed agreement from our defunct branch records.

The report is sobering and shows a dysfunctional lay and employee leadership. Now that the ridiculous American takeover is off the agenda. The sooner TSSA members become a distinct part of a larger union the better. For me a merger with GMB, and a road map to see GMB taking over the RMT to create a Rail Industry national union covering all the grades (AsLEF apart as a craft union) the better.

 

[alistairlees]

That is one damning report. I hope that the recommendations are implemented asap.

 

[Thirteen]

There have been some rotten goings on in certain unions. Unite under Len McCluskey built a hotel and conference centre which went vastly over budget which is currently being investigated by the police, the initial investigation into the hotel was ordered by the current Unite GS Sharon Graham.

 

[142blue]

Having seen bullying in other unions I'd like to see this investigation move further out

 

[Falcon1200]

Neither are certain political parties, some governments (noting the current allegations against a certain cabinet minister), some police forces, the armed services, and various commercial organisations. Why should trade unions be any different?

Perhaps because Trade Unions would be the first to raise, and make political capital out of, such issues in the organisations mentioned, especially of course if evil Tories/railway privateers are involved!

The railway is old, white, working class, heavily misogynistic, racist, and stuck in it's ways. Is anyone actually shocked or surprised ?

I do not recognise that description of the railway I worked for until 2016, not the later years at least. In Scotland, the discrimination I became aware of was of a sectarian nature, but even that has changed, greatly for the better.

 

[43066]

That's rather a straw man argument to make.

How so?

I’m pointing out that these same issues are prevalent in many industries and are hardly peculiar to unions. This report shows severe issues at one particular union, which the union has acknowledged and agreed to address.

I don’t really see what else needs to be said? Unless of course this thread is just going to become the usual pile on about how awful unions are, by posters who oppose the current industrial action on the railway and openly support the current government’s attacks on the right to strike (which notably go beyond what even Margaret Thatcher attempted).

Perhaps because Trade Unions would be the first to raise, and make political capital out of, such issues in the organisations mentioned, especially of course if evil Tories/railway privateers are involved!

A union’s internal culture is about as relevant to most of its members as Tesco’s head office internal politics is to its customers. I’ve been an ASLEF member for years, I’ve never even met a paid official.

I do not recognise that description of the railway I worked for until 2016, not the later years at least. In Scotland, the discrimination I became aware of was of a sectarian nature, but even that has changed, greatly for the better.

Likewise, not really a description I recognise either. In no small part that’s down to the railway unions and their attempts to improve it over many years, yet they’re seen as the problem on here!

Although when they are well managed many of their employees think that they are poor employers.

Isn’t that something of a contradiction in terms? Good management surely leads to engaged, motivated and loyal employees!

 

[Bald Rick]

A union’s internal culture is about as relevant to most of its members as Tesco’s head office internal politics is to its customers.

But isn’t that the problem? The union is its membership - “Unity is Strength”. If ‘Unity’ means ‘do what we say, or we’ll harass and bully you’, then I wouldn’t want to be part of it.

(Tesco’s culture is not its customers, any more than a rail company’s culture is it’s passengers)

 

[jfollows]

I’m a little surprised there’s not more comments on this thread.

I am grateful to yorkie for bringing this to our attention, I have read the report and there's not really much I can add to what's been said already really - I'm appalled by what has happened and the way in which a fiefdom was established to run the union and the power wrongly exercised by a small number of people in whom many people placed their trust.

 

[43066]

But isn’t that the problem? The union is its membership - “Unity is Strength”. If ‘Unity’ means ‘do what we say, or we’ll harass and bully you’, then I wouldn’t want to be part of it.

No, because the union’s members aren’t employed by it and don’t work for it? As an ASLSF member my contact with the union is through my colleagues, my working environment is determined by my employer. I haven’t got a clue how ASLEF treats its own employees - I’ve never even met one!

You’re conflating this union’s obvious internal issues with how its membership is treated to (yet again) advance the theory that unions “harass and bully” their members. Thanks for you concern but that is completely false in my experience as a ASLEF member who knows dozens of other ASLEF members, and dozens of RMT members.

I can’t recall a single occasion where any of those people has complained of being “harassed and bullied” by the union. There are certainly disagreements and I know a few who have left ASLEF in protest at things they didn’t agree with with no adverse consequences.

On the other hand I can think of more than a few occasions where railway staff have been harassed and bullied by their employers…

I wouldn’t want to be part of it.

Hardly surprising when you’ve previously said you wouldn’t want to part of a union anyway!

 

[Bald Rick]

As an ASLSF member my contact with the union is through my colleagues, my working environment is determined by my employer. I haven’t got a clue how ASLEF treats its own employees - I’ve never even met one!

Doesn’t that bother you? I would want to have confidence that any organisation I’m a member of has a leadership that treats it’s employees and anyone involved reasonably; in the case of a union especially as the leadership is setting and implementing policy that would directly affect me.

In the TSSA case it’s not just the employees of course, but also that members of the union (including the executive committee) were being bypassed / ignored / etc. Hence the union being dysfunctional (and now bankrupt).

The whole point of unions is to represent employees, and (amongst other things) to hold employers to account on the principle of being fair and reasonable to their employees. In this case they were not fair and reasonable to themselves, so there must be some grounds to suggest that broader union policy might not have been fair and reasonable, or applied fairly / reasonably In practice

 

[43066]

Doesn’t that bother you? I would want to have confidence that any organisation I’m a member of has a leadership that treats it’s employees and anyone involved reasonably; in the case of a union especially as the leadership is setting and implementing policy that would directly affect me.

In the TSSA case it’s not just the employees of course, but also that members of the union (including the executive committee) were being bypassed / ignored / etc. Hence the union being dysfunctional (and now bankrupt).

The whole point of unions is to represent employees, and (amongst other things) to hold employers to account on the principle of being fair and reasonable to their employees. In this case they were not fair and reasonable to themselves, so there must be some grounds to suggest that broader union policy might not have been fair and reasonable, or applied fairly / reasonably In practice

Not really. Why would it? I suppose I might be concerned if I were a TSSA member but I’ve certainly not heard any complaints about ASLEF’s internal culture. As a member it’s not something I have any exposure to, in any case.

I’m far more worried about the government’s campaign to destroy what little work life balance railway staff have left and further diminish their earnings (which of course that’s exactly what many posters on this forum would like to see happen, hence threads like this slagging off unions while the government is tacitly or even overtly supported by many)!

 

[Thirteen]

I don't think it's fair to paint all unions with the same brush just because the TSSA report because unions are a force for good.

The TSSA however is probably going to consigned to history very soon given the reports that have just come out. I wonder rather than merging with GMB or another union, it might be better to create a new union that does the same function as TSSA but with new leadership.

 

[the sniper]

I’m a little surprised there’s not more comments on this thread.

You have the floor... Fairly inevitable who would make the most of this news. More wood for the fire, heh.

 

[Sleepy]

My experience of GMB nearly 20 years ago was they were almost useless, obviously things can change a lot in that time - however TSSA as a union aren't very highly regarded by ASLEF or RMT.

 

[Walter Whigham]

The following is an update today from the TSSA's website:

Last year the TSSA commissioned a report by Baroness Kennedy KC to examine allegations of sexual harassment and bullying within the TSSA. That report, having been published, and serious concerns having been raised in it, the TSSA is committed to take comprehensive, considered and meaningful action to address its findings. Given the seriousness and complexity of the findings, this will take deep and careful consideration of the way forward.

To enable the necessary further investigation and decisions to be made, the TSSA has suspended all five senior members of staff named in the report by Baroness Kennedy KC This includes former General Secretary, Manuel Cortes.

In light of the numerous recommendations made by Lady Kennedy’s report which the union’s Executive Committee (EC) has accepted in full, steps will now be taken by the EC to put in a place an administration to lead the union at this critical point, as directed by the report, with the aim of implementing widespread cultural change.

The Union is aware that, as is always the case when bullying and harassment has occurred, that there will have been victims of such conduct. The Union wishes to apologise unreservedly to all of those who have been bullied, harassed or affected, and is committed to understanding what has happened to them, and to take all appropriate steps in response.

This process is ongoing but is expected to include various stakeholders - including members of the EC, members of TSSA staff, as well as external figures.

The union’s President and Treasurer stood down on the day the Report was published – as recommended by Baroness Kennedy KC. They have been replaced by interim post-holders.

The EC was made aware on Wednesday 8th February following the production of the Kennedy Report that Manuel Cortes, the union’s former General Secretary, was still in the employment of the union. This was not previously known to the EC.

In light of the report, the importance of which the EC takes very seriously, and to ensure that full, appropriate, and effective steps are taken arising from its findings, the former General Secretary has been suspended whilst matters are investigated.

On Thursday 9 February significant time and effort was put into staff welfare and reaching out to all current members of TSSA staff in the wake of the Kennedy report publication.

The Interim President and Interim Treasurer led a meeting of all staff where they outlined the views of the EC, expressed solidarity and sympathy with staff and offered ongoing support. They repeated the unanimous view of the EC in accepting the report and its recommendations and commitment to implementing them.

Independent legal advice was also sought and delivered to the EC regarding the implementation of the report’s recommendations.

What is significant is the suggestion now that Manuel Cortes is apparently still regarded as being in TSSA employment, as Baroness Kennedy was given to believe that he had "retired" and in so doing had received some financial benefit. Note that he has now been described as "suspended".

What is also clear from the latest update is that the Interim General Secretary - Frank Ward - has also been suspended. He is one of the five senior members of staff referred to above. Another senior member of staff suspended is Luke Chester who has been playing a leading role in negotiations and the current rail disputes.

What is NOT clear is who is holding the TSSA's rudder at this critical time and any information in that regard would be appreciated.

 

[Meerkat]

Its proper Animal Farm territory.
"The creatures outside looked from pig to man, and from man to pig, and from pig to man again; but already it was impossible to say which was which"
The top people in the union doing most of things that unions are there to prevent.
Like many democratic things a big problem is that the masses don't pay enough attention, and don't vote, so small groups can gain control.

 

[Horizon22]

How so?

"A straw man fallacy (sometimes written as strawman) is a form of argument of having the impression of refuting an argument, whereas the real subject of the argument was not addressed or refuted, but instead replaced with a false one"

You started avoiding the point and started talking governments, police forces and armed forces. It isn't relevant to the matters at hand in this report. I don't think its anything to do with a "pile-on", but an honest appreciation of a specific report regarding what had occured at TSSA.

 

[Runningaround]

Of all employers and organisations a Union is the last place that should be harassing and bullying or any other abuse of it's staff.
Its worse than a company doing such to a employee as at least they may have a ''Union'' to turn to for support, where can a Unions employee turn too, it's as if the bullies are aware that the victims have nowhere to turn for help as the usual avenue for help is themselves.

 

[Tetchytyke]

Doesn’t that bother you? I would want to have confidence that any organisation I’m a member of has a leadership that treats it’s employees and anyone involved reasonably; in the case of a union especially as the leadership is setting and implementing policy that would directly affect me.

Most shop floor union members will have very little to do with senior union officials, and vice versa. It's the same with any large organisation. I vote in local authority elections and pay my rates, but have nothing to do with the leaders of that local authority. I get the services I need delivered by people much lower down the chain.

The behaviour the TSSA report details is sadly not unusual in any large membership organisation, especially trade unions. The FBU, GMB, and RMT currently have or recently had similar issues. In more personal experience, I have been bullied out of one job and one job only- that job was with Shelter.

What IS new is that the TSSA are addressing them.

That's why it is regrettable- to put it mildly- that the usual suspects(ETA: for clarity, I'm not referring to anyone on this thread) are using this as an anti-union weapon. If anything, it is exactly the opposite, and shows good governance. Especially compared to, say, how the RMT management closed ranks around Steve Hedley.

 

[eldomtom2]

Personally I am disinclined to have much faith in the accuracy of a report that does things like treat men as the sole oppressor class (I am not claiming that sexual harassment by men is not more common), lists all allegations without any distinction made between their frequency, reliability, etc. , and especially not one that lists major issues like groping in the same list as something like a line manager being paid less than one of their subordinates.

The TSSA almost certainly does have a sexual harrassment problem - there seems to be enough evidence of that - but this report is not a good barometer of it. Sexual harassment is not the only form workplace conflict and bullying takes, and efforts to stop sexual harassment must ensure they do not provide an alternative avenue for conflict and bullying.

A further edit: part of the problem that I see - and I was reminded of this when I looked back over this forum's thread on a HRA presentation on a similar topic a few years back - is that there is very little room for nuance in the public discourse on this topic. Lots of dramatic declarations of shame (and note that you'll almost never see anyone doing this claiming to be anything other than entirely blameless) but little discussion of how a culture change could be achieved without the nuclear option of expelling everyone who can be considered in the slightest degree responsible.