Day 138 - 20 Jun 95 - Page 48


     
     1        would have otherwise done, I suppose, to use the word
     2        Mr. Rampton used, towards sweetening them towards
     3        McDonald's as opposed to the union.
     4
     5   MR. RAMPTON:  I did not mean bribe in its technical sense,
     6        I meant inducement.
     7        A.  With my Lord's explanation ----
     8
     9   MR. JUSTICE BELL:  Giving them extra special treatment?
    10        A.  Yes.  That would be illegal under the National Labour
    11        Relations Act and, no, that did not occur.
    12
    13   MR. RAMPTON:  How closely does the NLRB scrutinise these
    14        elections?
    15        A.  That is their principal role.  They have a variety of
    16        duties and responsibilities, but they -- I call it the
    17        watchdogs of that process -- they scrutinise it very
    18        closely.  There are clear detailed processes and procedures
    19        once a petition is filed for an election, and any
    20        complaints that either side has are thoroughly
    21        investigated, and remedial action, or criminal action, or
    22        whatever might take place.
    23
    24   Q.   That is a good example.  If the union had alleged, and the
    25        NLRB, after presumably a hearing and listening to evidence,
    26        had concluded that the licensee, or indeed the Corporation,
    27        had provided special inducements to the employees to vote
    28        for the employer against the union in such an election,
    29        what would the NLRB do about that?
    30        A.  They have two channels:  One is if they think that an
    31        election occurred where, say, an employer committed unfair
    32        labour practices, which are the terms, they would either
    33        order a second election or even absent an election, they
    34        would order the employer to recognise the union without an
    35        election, or even if the union had lost the election.  That
    36        is the penalty that they would impose.
    37
    38   Q.   And that, as I think you told us yesterday, if there is any
    39        problem about it, the NLRB can get the sanction of the
    40        court?
    41        A.  They would petition the court for enforcement.
    42
    43   Q.   Then you have got enforcement by contempt proceedings?
    44        A.  Exactly.
    45
    46   Q.   It goes on does this pleading:  "To divide the two main
    47        activists".  May I pause there, Mr. Stein.  Were you
    48        conscious whether or not there were any main activists and,
    49        if so, how many there were?
    50        A.  I was aware that at the NLRB hearings there were two 
    51        employees that did participate on the union's behalf, so 
    52        I am aware that there were two that worked on the union's 
    53        behalf.
    54
    55   Q.   The allegation is that in order to divide the two main
    56        activists, one was offered promotion and the others's work
    57        was criticised.  Do you know anything about that?
    58        A.  It never happened.
    59
    60   Q.   Then it says this:  "These tactics against the union were

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