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
