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Tube and rail strikes would be banned under tough new legislation demanded today by City Hall Tories.

Under the proposals, in the event of a dispute unions and rail operators would present their cases to an independent arbiter with a final and binding decision made by a judge.

Their report goes further than the planned changes to the Trade Union Act coming into force on Wednesday.

This requires a 50 per cent turnout for a ballot to be legal. Transport worker ballots will require at least 40 per cent of those eligible to vote to be in favour for strike action to go ahead.

The report welcomes the government move as “a step in the right direction” which is “likely to lead to fewer strikes, however it is not without its flaws. Strikes which do take place could be seen as having ‘greater legitimacy’.”

Instead, Conservatives in City Hall are demanding a “binding pendulum arbitration (BPA)” to settle public transport disputes. All parties would be required by law to accept the decision. Legislation would be needed to prevent strikes by transport workers.

Tube Strike: 22nd February 2017 7 show all Tube Strike: 22nd February 2017 1/7 Reduces service: a lone train running at Leytonstone Jeremy Selwyn 2/7 Commuters walk to work today along The Thames embankment. The Waterloo and City line was closed Jeremy Selwyn 3/7 Queues of commuters at Leytonstone Jeremy Selwyn 4/7 There was further disruption as the Tube strike coincided with a strike by Southern Rail workers Jeremy Selwyn 5/7 Passengers queue for replacement bus services at Leytonstone Jeremy Selwyn 6/7 A large queue of commuters waiting for trains at Ilford Station ITV London 7/7 Commuters queue at Ilford Station during the tube strike @MCR_Digital 1/7 Reduces service: a lone train running at Leytonstone Jeremy Selwyn 2/7 Commuters walk to work today along The Thames embankment. The Waterloo and City line was closed Jeremy Selwyn 3/7 Queues of commuters at Leytonstone Jeremy Selwyn 4/7 There was further disruption as the Tube strike coincided with a strike by Southern Rail workers Jeremy Selwyn 5/7 Passengers queue for replacement bus services at Leytonstone Jeremy Selwyn 6/7 A large queue of commuters waiting for trains at Ilford Station ITV London 7/7 Commuters queue at Ilford Station during the tube strike @MCR_Digital

Keith Prince, the Greater London Authority Tory transport spokesman, said: “It is more important than ever that Londoners are removed from the firing line in petty industrial disputes between unions and transport operators. Workers’ rights will not be discarded, as disputes would be resolved independently but this approach stops commuters being used as bargaining chips by militant union representatives.”

The report, Struck Out 2 Judgement Day, which follows one four years ago into transport strikes in the capital, states: “The transport unions are in a quasi-monopolistic position, knowing that strike action can bring the London Underground network grinding to a halt. Given this, it is clear we need a systemic change.

“The binary nature of the decision is important. Simply it means that both sides put forward their final offer with the expectation they can persuade a judge to back them.

“This means that unlike the current situation where it makes sense for transport unions to make their demands as extreme as possible, it would provide a spur for both parties to be as reasonable as possible.

“For example in a pay dispute, an offer of a two per cent increase would clearly be more reasonable than a demand for a 10 per cent increase.”

The first 24-hour strike in the Southern dispute was on April 26. Since then there have been 29 strikes by RMT train guards and six by drivers. “If BPA had been in place then there would have been no strikes,” the report states.

Transport unions have refused any previous offers of arbitration, binding or otherwise.