Day 174 - 17 Oct 95 - Page 20


     
     1        you are a member of the Bar and not a witness, please.
     2
     3   THE WITNESS:   Sorry, what is your question, Mr. Morris?
     4
     5   MR. MORRIS:  You did not want to meet the union, did you?
     6        A.  No, that is not correct.
     7
     8   Q.   What did you say -----
     9        A.  We had already in our meeting agreed that we -- and we
    10        had told them, having reviewed the correspondence, we had
    11        told them that we had implemented a National Understanding
    12        in our meeting.
    13
    14   Q.   You told them, yes?
    15        A.  I beg your pardon?
    16
    17   Q.   You told them, yes?
    18        A.  They then choose, OK, to continue correspondence.  If
    19        you look at the correspondence, OK, it is clear that we did
    20        not ignore the union; we replied to their communications.
    21        There is one dated 21st November 1979.  Going on from
    22        there -- that is one.  26th November, we corresponded with
    23        the Labour Court and again confirmed that we have written
    24        to the ITGWU, reminding them that we have implemented the
    25        national wage agreement in our own manner and with the
    26        consent of our staff, already in the year of 1979.
    27
    28   Q.   You did not actually disclose any documentary proof of
    29        that, did you; or it is certainly not with these documents
    30        here?
    31        A.  No, no, we did not.  But, I mean, we were,
    32        Mr. Morris -----
    33
    34   Q.   We have your word to take for it?
    35        A.  Yes, but, with respect, we were writing to the Labour
    36        Court, OK.  So what we said to the Labour Court, we frankly
    37        should be prepared to stand behind.
    38
    39   Q.   Yes.  Well, if you look at page 16, for example, which is
    40        the letter of 12th November from the Irish Transport and
    41        General Workers Union, which you have now incorporated into
    42        your statement -----
    43        A.  Sorry, what date is that, 12th November?
    44
    45   Q.   12th November.
    46        A.  Yes.
    47
    48   Q.   John Burke, branch secretary of the ITGWU says: "We should
    49        be obliged if an early meeting could be arranged between us
    50        to discuss the implementation of the first phase of the 
    51        National Understanding due to our members in your 
    52        employment from 1st June 1979.  We should also like to 
    53        discuss the question of payment for Sunday work."
    54
    55        By 10th December, it is clear that Mr. White from the ITGWU
    56        is clearly fed up with the situation, is he not?
    57        A.  Well, he appears, certainly, to be displeased.  But may
    58        I remind you -----
    59
    60   Q.   But you were refusing to meet the union?

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