TRAIN bosses yesterday attempted to derail the first national strike in their sector in 20 years by threatening a court case over ballot “defects.”

Network Rail managers challenged the Transport Salaried Staffs Association (TSSA), whose members are due to strike on Bank Holiday Monday alongside fellow rail union RMT, to withdraw its notice of industrial action.

But unions accused the track operator of foul play, its threat coming just before conciliation talks were due to resume.

“We want to settle this around the negotiating table, not in the High Court,” said TSSA general secretary Manuel Cortes.

“They seem more determined to impress [Transport Secretary and former scab miner] Patrick McLoughlin and the Tories than making a serious attempt to resolve this pay row and ensure that the trains run on time over the bank holiday.”

Fifty-three per cent of TSSA’s 3,000 members at Network Rail voted for strike action on a 52 per cent turnout.

Network Rail said in a statement: “We have asked the TSSA to withdraw notice of their industrial action as we believe there are numerous defects in their ballot information.”

RMT’s 16,000 members at the company, reclassified as state-owned since the autumn, voted for action by a higher margin, which would have passed even the extreme ballot thresholds proposed by the Tories last week.

RMT general secretary Mick Cash said: “It is highly damaging that instead of focusing on the talks process, Network Rail have opted instead to threaten a dash to the courts to challenge the democratic decision of rail worker members of one of our sister unions.

“RMT will not allow this legal manoeuvring to cloud the real issues in this dispute over jobs, safety and pay justice.

“RMT will continue to engage in talks while we also finalise the preparations for our national industrial action.”