Day 139 - 21 Jun 95 - Page 43


     
     1        are.
     2
     3   MR. JUSTICE BELL:  We have had various discussions about that.
     4        Just sit down for a moment and find your thread again.
     5
     6   MR. MORRIS:  Yes.
     7
     8   MS. STEEL:  Can I just ask:  if workers in a store are
     9        interested in being unionised, organised, whether or not it
    10        is McDonald's, if the company involved agreed to that and
    11        agreed to recognise the union, they would not have to go
    12        through the National Labour Relations Board, would they?
    13        A.  Under some circumstances, yes.  You are supposed to do
    14        it only if the union truly represents a majority of the
    15        employees in an appropriate unit.  There have been lots of
    16        cases in the US where employers have done that and been
    17        challenged by their employees or by another union, that
    18        they recognised a union without clear proof of majority
    19        status.
    20
    21   MR. JUSTICE BELL:  But suppose an employer sounded out his own
    22        employees and thought they wanted to be represented by a
    23        union, and suppose the employer saw merit in the union
    24        representation -- I do not know what the situation is in
    25        the United States, but certainly there are employers who do
    26        in this country -- and, therefore, afforded the union
    27        recognition and said, "I will negotiate with the unions who
    28        will represent you", could he not do that at least unless
    29        until some of his employees went to the NLRB in order to
    30        challenge his decision?
    31        A.  You are in a very tricky situation, my Lord.  The
    32        employer, under the rules, cannot go and individually
    33        solicit his employees.  I think I mentioned previously
    34        about interrogation.  He cannot do that.  There have been
    35        some occasions when cards are handed over by the union or a
    36        petition is signed, and then you get into the tricky thing
    37        about:  do signatures look the same way or do not?  The
    38        prudent employers say that this is a matter that should be
    39        before the National Labour Relations Board, and use the
    40        correct machinery.  That is why the Government has set it
    41        up.  Because, otherwise, you leave yourself wide open for
    42        claims on many different sides.
    43
    44   MR. MORRIS:  The allegation that the two main union activists
    45        who appeared at the hearings, one was effectively promoted
    46        and one was demoted.  Was this one of the allegations of
    47        unfair labour practices that came up?
    48        A.  No, it was not.  There two gentlemen who represented --
    49        were with the union at the hearings, but neither of them
    50        were promoted or demoted, I think were the things.  No, 
    51        they were not part of the allegations. 
    52 
    53   Q.   You were involved in this situation.  Did you attend the
    54        hearing?
    55        A.  I did attend the hearing.  Yes, I did.
    56
    57   Q.   How long were you, personally, involved in this situation
    58        for; were you involved throughout the three to four months?
    59        A.  How many days would I have been involved, is that what
    60        you are asking?

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