Safety of Train Traffic in Time of Strike

1. Safety of Train Traffic in Time of Strike István Gaskó President of Free Trade Union of Railway Workers Hungary Denver 2008 october

2. MÁV Co. Central organizations, Railway infrastructure, Infrastructure management MÁV owned companies Passenger transport Traction Engineering Other companies A MÁV Cargo privatized from 2008 Organization of the Hungarian Railway

3. Independent Transport/Railway Regulating Organization Regulating, controlling organization under the control of the Ministry • National Transport Authority • Transport Safety Organization • Hungarian Railway Bureau

5. Some Characteristic Data about the MÁV MÁV follows the European Union regulations • Beside the obligatory split on accountancy level also core activites are organized into MÁV owned companies /except Cargo/ • Autonome independent company is responsable for the distribution of track capacity, • Function of new railway companies under the permission of Hungarian Railway Bureau.

6. MÁV Infrastructure • 7.800 km railway network – density above the European average, • Centrally organized network, • Tracks are neglected, side lines accept only low speed, • Most of the 2.800 km main line is double tracked and electrified track speed 100-120 km/h, on some lines140-160 km/h

7. The Hungarian Strike Regulation The most important points of the Hungarian Strike Law in our case: • Parties are obliged to co-operate, • Provision of minimal service in the public sector - but there is no obligation, • In our case there was no agreement on the minimal service

8. Characteristics of the 04-07. february 2008. strike I. • Called by the VDSzSz as union alone, • Supported by the employees of engineering, passenger transport and track management companies, • The Ministry and the management of MÁV Co. restricted management of legally independent companies to make an agreement, • Rolling tehnique was applied,

9. II. • Management of MAV Co. Wanted to keep up operation by all means, using strike breakers, replacing the striking employees, • In many cases braking or neglecting safety rules, • Transport Minister addressed the strike as „political blackmailing”

10. Problems of the technical safety • Passenger trains departed without proper brake test, • Instead of the technical staff being in strike the operation staff made the brake test without the necessary practice, • There was no technical train check before departing – neither was it done later, • Our members uncovering and reporting the anomalies were threatened by the employer for „braking data protection” rules,

11. Employment anomalies • Operative changeover of the employees, • Replacing employees by member of the management, • No control of employee wether he has all the condition necessary to the given service, • The employer’s right and the right to instruct was unclear and unregulated,

12. Conditions to Pick up the Job • A valid medical proof about his/her ability, • The prescribed theoretical knowledge, • Practice and local knowledge of the given workplace, • Knowledge of safety devices/handle of safety devices, • Exam of general work safety

13. Lack of Uniform Infrastructure Management Certification • There is no uniform certification system for all the above, • The necessary information elements can be collected from various railway data bases, • During a strike in the station there is no way to control if an employee has the necessary knowledge and all the conditions to make the job,

14. High Risk Level • Excess risk burdens the employee who has to work at a different position from the usual one in time of strike. • Specific stress burdens the strike breaker among his striking colleagues - and extra safety risk for the traffic • Generally there is no information – who has the right to instruct

15. Examination of Irreguralities • Railway regulating and safety authorities are under the control and in the budget of the Ministry - no independence, • Criminalization and involvement of political questions don’t help the independency of the investigation, • First investigation executed by MÁV inner safety organization – its independency can be doubted

16. Tipical Misunderstanding of Roles • The governement - Considers the strike unlowful, • The Transport Minister declears it: „political action” • The Governement suggest to modify the strike low, restricting the right of the strike • The Ministry isn’t acting as a real owner, makes pressure on MÁV against a possible agreement, • The damage burdens the passenger transport company

17. Suggestions • The strike in not an emergency state, not a „vis major”, but conflict situation regulated by the law. • On a liberal market both the owner and the railway compnaies have to behave with consideration to their own interest. • The management may not risk safety of railway traffic not even if this is expected by the management.

18. Measures • Issue of certification for the staff operating the infrastructure to prove that the given person has the right to work in the position, • The Safety Authority should provide its staff on the spot to help to keep the safety regulation.

19. Decrease of safety risks While determing the European railway safety principles we suggest that in favor of the common safety targets experts should consider safety related problems and safety risks during a strike – in interest to minimize this latter

20. Thank you for your attention • Gasko.istvan@vdszsz.hu • www.vdszsz.hu