For immediate release 9 October 2003

TSSA unstoppable as Gatwick Express managers vote "yes"

TSSA is delighted that managers at Gatwick Express have voted overwhelmingly in favour of an independent voice at work despite a dirty tricks campaign by the company to exclude the union.

TSSA was originally awarded automatic recognition by the Central Arbitration Committee (CAC) - the independent adjudicator in union recognition disputes - because over half of the bargaining unit are union members.

The company, which is part of the union-hostile National Express group, tried every trick in the book to pressurise staff into voting against the union. This included giving managers a pro forma letter stating their opposition to union recognition. The CAC rejected these letters because they were written by the human resources department on Gatwick Express headed notepaper.

The company challenged the CAC ruling and demanded a judicial review which

it won. The higher court then ordered a ballot, which confirmed the original

CAC judgement, with 20 managers voting in favour and 13 voting against union

recognition.

Development manager Gerry Doherty said: "Gatwick Express's efforts to thwart

union recognition were in vain and a clear attempt to scupper their workers'

right to be represented and all this entails, including negotiating on their

behalf on pay and conditions.

"The result sends a clear signal to union-hostile employers that we will not

be intimidated by strong-arm tactics in the fight to provide an independent

voice for their workers.

"It's time that loopholes in the law were closed so that anti-union

employers cannot get around the law by bullying or intimidating their staff

out of their legal rights.

"It's about time too that automatic recognition should mean just that,

instead of being an opportunity for bosses to bend the law as it suits them.

"Parliament legislated to ensure that if a union has a majority of members

in the workplace who want union recognition, then they should get it.

ends

For further information, please contact:

Hannah Leggett press officer (020) 7529 8059 or 07796

682806 (mobile)

Carmel McHenry PR officer (020) 7529 8055 or 077660920036

(mobile)

Notes to Editors

1. TSSA represents 33,000 members in administrative, clerical,

managerial, professional and technical jobs in the railways, buses, the

London Underground, the travel trade, canals, ports and ferries, and road

haulage.

2. This is not the first time that the National Express group has tried

to keep TSSA out using strong-arm tactics. Train operating company

Silverlink dragged out TSSA's recognition campaign for over 15 months even

though we had over half in membership, the company still demanded a ballot.

Despite huge pressure by the company to influence the vote over 80 per cent

voted in favour of TSSA.