Day 138 - 20 Jun 95 - Page 61
1 again"?
2 A. That is correct, and that gets into the area that my
3 Lord is getting into, that discretion.
4
5 MR. JUSTICE BELL: I only took the point because Mr. Stein, from
6 time to time, has justified the fact that it could not have
7 happened by saying union: "Well, the union would have been
8 certified if that had happened" and that is what I was
9 testing?
10 A. In out of fairness or another election.
11
12 MR. RAMPTON: If I understood what you are telling us about
13 American law, Mr. Stein, in effect what could happen is
14 that you could get an imposed certification by NLRB which
15 meant that, say, 80 or 90 per cent of the employees found
16 they were represented by a union when they did not want to
17 be?
18 A. That is correct.
19
20 Q. Can we go back then to the statement Mr. Cantor? I had
21 finished with the words that there was a charge which he
22 says, and you have denied, that the NLRB upheld illegal
23 firing of Hughes and, he thinks, Jones. It continues
24 towards the end of the penultimate paragraph: "I also
25 recall that other NLRB charges against the Company were
26 upheld". Were any of the charges upheld?
27 A. In order to uphold them, if you will, there would have
28 to be hearings, a complaint issues, if you will.
29
30 Q. Of course, you would have to make an adjudication, a
31 finding?
32 A. Exactly.
33
34 Q. It goes on: "and that McDonald's was instructed by the NLRB
35 to post an official election guidelines, that included a
36 promise not to interfere further with employees rights"."
37 First, Mr. Stein, was any such instruction directed at
38 McDonald's the Corporation?
39 A. No, not the Corporation.
40
41 Q. Was any such instruction directed at Mr. Kelly?
42 A. There are notices that need to be posted during this
43 period specifically outlining the rights of employees under
44 the circumstances, yes.
45
46 Q. Did this particular instruction not to interfere, and
47 I assume the general guidelines says you must not interfere
48 in the election and so on?
49 A. That is correct.
50
51 Q. Did this particular instruction contain the form of words,
52 for example, "I , Ralph Kelly, promise not to interfere
53 further with employees' rights"? Note that I stress the
54 word "further".
55 A. No, sir.
56
57 Q. Then, says Mr. Cantor: "If that was the stick, the carrot
58 was the contests and celebrations for the parties designed
59 to show the workers that Mickey Dees" -- whoever they may
60 be -- "really was a great employer and that the workers
