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
