Day 138 - 20 Jun 95 - Page 72


     
     1        leaflets were prepared by attorneys for the Defendants in
     2        their Washington DC office without having the benefit of
     3        any personal knowledge of the conditions at Tyson."
     4
     5        The Defendant, local 425, do you know what his or her name
     6        is?
     7        A.  Benny Dollar.
     8
     9   Q.   Benny Dollar?
    10        A.  That is correct.
    11
    12   Q.   "Moreover, the Defendant, Local 425, had no personal
    13        knowledge of any alleged unsanitary conditions at the Tyson
    14        plant although he signed several documents prepared by the
    15        Defendants' attorneys either protesting the alleged
    16        unsanitary conditions to Tyson or endorsing circulation of
    17        the leaflets.
    18
    19        "Lucy Young, Chief Union Steward, who works in an area
    20        where the alleged unsanitary conditions exist, informed one
    21        of the Plaintiffs that she did not have any personal
    22        knowledge of the purported unsanitary conditions and the
    23        information on the leaflets was taken from USDA reports."
    24        You were in court, Mr. Stein?
    25        A.  Yes.
    26
    27   Q.   In addition to the cast of characters listed there by the
    28        judge, are there any that you would like to tell us about
    29        that the judge has not noticed in that paragraph?
    30        A.  Well, one clearly -- the proceeding did not last
    31        terribly long because when Mr. Benny Dollar took the stand
    32        he was called as if on cross-examination by the Plaintiff
    33        employee's lawyer as a hostile witness -- I am looking for
    34        terms.  The attorney began asking Benny Dollar about the
    35        alleged unsanitary conditions and Benny Dollar began
    36        saying, similar to what is in here, that he was not aware
    37        of any unsanitary conditions.  The judge obviously became a
    38        bit riled up and began taking over the examination and
    39        asked Mr. Dollar where did all this come from, and
    40        Mr. Dollar said that it was developed by attorneys in DC
    41        and that they had done all of it.  At that point things
    42        started to move rather quickly in the judge's mind and in
    43        his actions.
    44
    45   Q.   It nevertheless remains the fact, is it right, Mr. Stein,
    46        that the union never actually filed a subsequent defence to
    47        these proceedings?
    48        A.  That is correct.
    49
    50   Q.   Did the union obey judge's order to cease and desist? 
    51        A.  Yes, they did 
    52 
    53   Q.   Did they ever take interlocutory decision by the judge to a
    54        full hearing?
    55        A.  No.
    56
    57   Q.   Did they ever appeal it?
    58        A.  No, sir, they did not.
    59
    60   Q.   Did the leafleting then stop?

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