Day 138 - 20 Jun 95 - Page 64


     
     1        workers, other McDonald's restaurants assign some of their
     2        own employees from unaffected franchises, that is not owned
     3        by Kelly and thus not eligible to vote, to work at the 3
     4        Kelly franchises.  It was well understood by the workers
     5        that the only reason for such attention was the up coming
     6        union election.  Is that true or false so far as you are
     7        aware?
     8        A.  What we did for that week is we arranged the workers'
     9        schedule so they would get the same number of hours as they
    10        would normally get yet be able to, in that particular
    11        evening for that short span of time, bring in workers from
    12        other places to fill their spots just so that everybody
    13        could be at the crew meeting and at the disco.  We do that,
    14        by the way, all the time.
    15
    16   Q.   It may be that I have not properly understood what Mr.
    17        Cantor is alleging here.  If he is alleging that these
    18        outsiders came in so as to put them in a position where
    19        they should vote but they could not -- I do not know if
    20        that is what is meant?
    21        A.  No, I do not think so.  I do not understand why it is
    22        in here simply because it is not unusual where an
    23        owner/operator -- even in company stores, where you only
    24        get employees together of certain stores, you bring in some
    25        workers to work the 2 or 3 hours so that everyone can be
    26        together.  That is a frequent occurrence; it has nothing to
    27        do with any union feelings or issues.
    28
    29   Q.   I do not ask you to bother with the last three paragraphs
    30        of this statement, Mr. Stein; it has perhaps of the some
    31        character of rhetoric.  Can we move now, please, Mr. Stein,
    32        from Detroit to Arkansas and Tysons Foods?
    33        A.  Sure.
    34
    35   Q.   My Lord, this is passage 102 in the abstract.  I fear that
    36        I may not finish with Mr. Stein this afternoon.  I am
    37        conscious that I lost an hour and a half yesterday for one
    38        reason or another.
    39
    40        Tysons in 1983, Mr. Stein, a dispute of some kind with the
    41        United Farm Workers and Commercial Union?
    42        A.  There needs to be a correction.
    43
    44   Q.   Right?
    45        A.  It is not the Farm Workers; it is the Food and
    46        Commercial Workers.  The Farm Workers are Cesar Chevaz and
    47        that is a different organisation.
    48
    49   Q.   That is a misprint in your statement.
    50 
    51   MR. MORRIS:  Where are we looking at?  Which page? 
    52 
    53   MR. JUSTICE BELL:  102.
    54
    55   MR. RAMPTON:  It is not your fault, it is what is in the
    56        pleading which is being repeated.  I will read you the
    57        allegation as I have in the past:  "In or around 1983 in
    58        the USA McDonald's were hostile to the United Food Workers
    59        and Commercial Union.  In an attempt to improve workers'
    60        conditions the UFW called a boycott of Tysons Foods,

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