Day 137 - 19 Jun 95 - Page 07


     
     1        could have engaged in, and there are unfair labour
     2        practices that employers could have engaged in and, as
     3        I mentioned, anyone can file a charge against an employer
     4        or a union.
     5
     6   Q.   That is a much better answer than my question.  My question
     7        should have been, how did that proportion break down while
     8        you were there?
     9        A.  If I can for a second, just to make sure there is full
    10        clarification, there are two separate areas, if you will,
    11        that I would have dealt with; one was what I would call
    12        representation law, the election process that we described,
    13        and the other would be the unfair labour practice process
    14        where I would have begun as an investigator and then
    15        I would have, as I gained more experience, frankly, as a
    16        lawyer, I would have represented the National Labour
    17        Relations Board before hearings and Federal Courts.
    18
    19   Q.   In your representation on unfair labour practice charges,
    20        how did you find your practice broke down or separated as
    21        between unions and employers?
    22        A.  The vast majority of the actions would generally be
    23        against employers, except there would be cases where union
    24        members, in particular, or during organising campaigns,
    25        there would be charges against the unions.  I would have to
    26        say it is probably, from my experience back then, it is
    27        probably 70 per cent or so versus employers and 30 per cent
    28        versus unions.  The other area of the law is a secondary
    29        boycott area which would be -- there would be numerous
    30        cases and there it would be against unions.
    31
    32   Q.   They would be against unions.  Would those cases sometimes
    33        be brought by the employer who was the indirect target of
    34        the secondary boycott and sometimes by the direct target of
    35        the secondary boycott?
    36        A.  Yes, normally speaking, the direct target would usually
    37        bring the matter but on occasion the indirect, the
    38        secondary, would bring it.  Again, anyone can file the
    39        charge but, generally, the direct target would be doing it.
    40
    41   Q.   You joined McDonald's in 1974.  I think you told us you
    42        left the NLRB in 1972.  What did you do in the interim?
    43        A.  I went into private practice.
    44
    45   Q.   Did you specialise?
    46        A.  Yes, I did, in Labour Relations.  I joined a law firm
    47        in Columbus, Ohio, and spent two years in Labour Relations
    48        there.
    49
    50   Q.   How was it that you came to join McDonald's in 1974? 
    51        A.  McDonald's became a client during my tenure with the 
    52        law firm and they asked me to join them as an employee. 
    53
    54   Q.   You did so?
    55        A.  Yes.
    56
    57   Q.   Why?  Did they offer you more money?
    58        A.  No, actually they offered me slightly less money, but
    59        I saw a fantastic opportunity.
    60

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