Day 139 - 21 Jun 95 - Page 34


     
     1
     2   Q.   Were they brought up before the election or after, or both?
     3        A.  This is Lyon Webber.  There was never an election.
     4
     5   Q.   Right.  OK.  So it was a petition hearing; yes?
     6        A.  Yes, that is correct.
     7
     8   Q.   The allegations were brought up at the petition hearing?
     9        A.  Prior to.  The NLRB will not conduct their petition
    10        hearing, as you call it, if there are any outstanding
    11        unfair labour practices that have not been remedied.  So it
    12        freezes, if there is a problem, it freezes things until
    13        they clear those things up.
    14
    15   Q.   So there was a petition hearing, was there, there was a
    16        hearing with both sides present, and all that kind of
    17        stuff?
    18        A.  Over the unit.
    19
    20   Q.   Over the unit matter?
    21        A.  Yes, that is correct.  I think we talked -----
    22
    23   Q.   When were the unfair labour practice allegations
    24        discussed?  Were they discussed at that hearing?
    25        A.  No.  There was no hearing over unfair labour practices.
    26        Let us get ourselves clear here.  The only hearing that
    27        took place before the National Labour Relations Board over
    28        the Lyon Webber matter was with regard to the unit.
    29
    30        The NLRB, when allegations are made, when charges are made,
    31        will investigate them.  If they do not believe there is
    32        substance to them, or significant substance to them, they
    33        will try to dispose of them informally without a hearing,
    34        without any adjudication.
    35
    36        What happened here was, there were charges going both ways:
    37        there was charges that the union had done some things
    38        wrong, charges that the employer had done some things
    39        wrong.  They brought the parties together and they
    40        said: "We do not think they are serious in nature.  We
    41        think that they can be handled via the post" -- that notice
    42        we talked about earlier -- so that if the employees
    43        ultimately have to vote, that they in fact will have
    44        notices and things like that which they can refer to.  So
    45        it would be a procedure informally resolving these things,
    46        resulting in, possibly, a notice of some sort being posted.
    47
    48   Q.   So is that what happened, that McDonald's had to display a
    49        poster about the proper procedures?
    50        A.  I think so.  I am not certain, but I think so.  I think 
    51        that is correct. 
    52 
    53   Q.   You were involved with this?
    54        A.  Yes, I was.  It was, fortunately -----
    55
    56   Q.   Did not have to fly -----
    57        A.  Excuse me.  It was, fortunately, in Chicago -- that is
    58        what I was going to say to you -- so I did not have to
    59        fly.
    60

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