Day 180 - 31 Oct 95 - Page 16
1 The witness has dealt with it in his statement. It is not
2 contested that that is what the Crew Handbook said. It is
3 not contested that when this very gentleman asked
4 Mr. Nicholson for permission to go in and distribute
5 literature in one of the stores, Mr. Nicholson said: "No,
6 you cannot; you will have to stand on the pavement".
7
8 MR. MORRIS: What is your view then of a Crew Handbook which
9 specifies that staff shall not post posters on notice
10 boards, distribute leaflets, organise any unauthorised
11 meetings or collect subscriptions and how that would affect
12 people's right to join trade unions?
13 A. Provided -- always provided that such activities do not
14 take place during an employee's working time, actual
15 working time, and I think that is an important proviso, and
16 it is one which would apply to any industrial relations
17 situation, always provided that employees are not actually
18 on duty, carrying out formal responsibilities under their
19 contract of employment, work responsibilities. I think this
20 is draconian, and I think it is draconian because it
21 implies that all time on the premises, including unpaid
22 break time, is time over which the company has authority to
23 determine the nature of trade union activity. I think this
24 is draconian and excessive, and that is an opinion about
25 it, but it is my opinion.
26
27 Q. Yes. I think you did refer to the Crew Handbook
28 elsewhere. Did you have any other thoughts on the Crew
29 Handbook at all?
30
31 MR. JUSTICE BELL: No, I am not going to -- that is far too
32 general. That is really just saying: "Is there anything
33 more you want to say?" I have made it quite clear by
34 various rulings that that is out. If you have a specific
35 point you want to ask Mr. Pearson about, in accordance with
36 my ruling, I asked you to give notice. Quite frankly, what
37 I make of it in due course is entirely a matter for me, but
38 I would have thought you have quite enough material for me
39 to consider whether to accept or not in Mr. Pattinson's
40 (sic) two statements, subject to anything extra you want to
41 ask him about overtime and performance related pay, which
42 are the two matters you gave further notice of.
43
44 MS. STEEL: I do not want to argue about this particular
45 document, but before it gets etched into stone about not
46 being able to ask about documents, I thought specifically
47 we were allowed to ask the witness to comment on documents.
48
49 MR. JUSTICE BELL: Yes, but if Mr. Morris had said: "Look at
50 the third paragraph on page 45", and asked a question about
51 that, that would be one thing. But what I am not prepared
52 to countenance is just blanket questions: "Is there
53 anything else more you want to say about such and such a
54 document?" Quite frankly, it does not help you; you would
55 do much better concentrating on your hard points.
56
57 MS. STEEL: I think the reason Mr. Morris asked that was just
58 because he had a feeling there was something else, and he
59 could not remember specifically what it was.
60
