Day 137 - 19 Jun 95 - Page 06


     
     1        union.
     2
     3   Q.   So, in effect, it can impose unionisation on the employer?
     4        A.  That is correct.
     5
     6   Q.   If the employer has misbehaved badly?
     7        A.  That is correct.
     8
     9   Q.   Does the NLRB have any legal powers of enforcement of its
    10        orders?
    11        A.  What they do is they issue an order; generally
    12        speaking, in the majority of cases that would be the end of
    13        it.  If the employer or the union, depending upon the type
    14        of case it is, disputes it, the National Labour Relations
    15        Board would go into Federal Court for enforcement and it is
    16        not a de novo process.  There would have to be a showing
    17        that the National Labour Relations Board was somehow
    18        arbitrary or capricious in their behaviour.
    19
    20   Q.   Otherwise the court will approve the order then it has the
    21        force of the an order of the court?
    22        A.  Yes, the force of court contempt and so forth.
    23
    24   Q.   How long, Mr. Stein, did you work at the NLRB?
    25        A.  For five years.
    26
    27   Q.   From which date to which?
    28        A.  It would be 1967 to 1972.
    29
    30   Q.   Where were you -- I use the word "stationed"; it is not a
    31        military body -- stationed at that time?
    32        A.  Pittsburg, Pennsylvania.
    33
    34   Q.   Was there a union in the NLRB at that time?
    35        A.  Yes, there was.
    36
    37   Q.   What was it called?
    38        A.  The National Labour Relations Board Union.
    39
    40   Q.   Were you a member of that union while you were at the NLRB?
    41        A.  Yes, I was.
    42
    43   Q.   Did you take office in that union?
    44        A.  Yes, I was, I for a period of time was its President.
    45
    46   Q.   While you were at the NLRB for those five years, or
    47        whatever it was, what sort of proportion of cases did you
    48        deal with that were what one might call "prounion"?
    49        A.  OK.  I think I understand.
    50 
    51   Q.   It maybe that is not a sensible concept. 
    52        A.  No, I think I understand.  If you will, 
    53        American/English sometimes is a little bit different than
    54        English.
    55
    56   Q.   Yes, I understand.
    57        A.  So I think I understand what you are saying, if not,
    58        I will correct myself.  Under the National Labour Relations
    59        Act, anyone has a right to file charges of unfair labour
    60        practices.  There are unfair labour practices that unions

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