Day 138 - 20 Jun 95 - Page 72
1 leaflets were prepared by attorneys for the Defendants in
2 their Washington DC office without having the benefit of
3 any personal knowledge of the conditions at Tyson."
4
5 The Defendant, local 425, do you know what his or her name
6 is?
7 A. Benny Dollar.
8
9 Q. Benny Dollar?
10 A. That is correct.
11
12 Q. "Moreover, the Defendant, Local 425, had no personal
13 knowledge of any alleged unsanitary conditions at the Tyson
14 plant although he signed several documents prepared by the
15 Defendants' attorneys either protesting the alleged
16 unsanitary conditions to Tyson or endorsing circulation of
17 the leaflets.
18
19 "Lucy Young, Chief Union Steward, who works in an area
20 where the alleged unsanitary conditions exist, informed one
21 of the Plaintiffs that she did not have any personal
22 knowledge of the purported unsanitary conditions and the
23 information on the leaflets was taken from USDA reports."
24 You were in court, Mr. Stein?
25 A. Yes.
26
27 Q. In addition to the cast of characters listed there by the
28 judge, are there any that you would like to tell us about
29 that the judge has not noticed in that paragraph?
30 A. Well, one clearly -- the proceeding did not last
31 terribly long because when Mr. Benny Dollar took the stand
32 he was called as if on cross-examination by the Plaintiff
33 employee's lawyer as a hostile witness -- I am looking for
34 terms. The attorney began asking Benny Dollar about the
35 alleged unsanitary conditions and Benny Dollar began
36 saying, similar to what is in here, that he was not aware
37 of any unsanitary conditions. The judge obviously became a
38 bit riled up and began taking over the examination and
39 asked Mr. Dollar where did all this come from, and
40 Mr. Dollar said that it was developed by attorneys in DC
41 and that they had done all of it. At that point things
42 started to move rather quickly in the judge's mind and in
43 his actions.
44
45 Q. It nevertheless remains the fact, is it right, Mr. Stein,
46 that the union never actually filed a subsequent defence to
47 these proceedings?
48 A. That is correct.
49
50 Q. Did the union obey judge's order to cease and desist?
51 A. Yes, they did
52
53 Q. Did they ever take interlocutory decision by the judge to a
54 full hearing?
55 A. No.
56
57 Q. Did they ever appeal it?
58 A. No, sir, they did not.
59
60 Q. Did the leafleting then stop?
