Day 139 - 21 Jun 95 - Page 43
1 are.
2
3 MR. JUSTICE BELL: We have had various discussions about that.
4 Just sit down for a moment and find your thread again.
5
6 MR. MORRIS: Yes.
7
8 MS. STEEL: Can I just ask: if workers in a store are
9 interested in being unionised, organised, whether or not it
10 is McDonald's, if the company involved agreed to that and
11 agreed to recognise the union, they would not have to go
12 through the National Labour Relations Board, would they?
13 A. Under some circumstances, yes. You are supposed to do
14 it only if the union truly represents a majority of the
15 employees in an appropriate unit. There have been lots of
16 cases in the US where employers have done that and been
17 challenged by their employees or by another union, that
18 they recognised a union without clear proof of majority
19 status.
20
21 MR. JUSTICE BELL: But suppose an employer sounded out his own
22 employees and thought they wanted to be represented by a
23 union, and suppose the employer saw merit in the union
24 representation -- I do not know what the situation is in
25 the United States, but certainly there are employers who do
26 in this country -- and, therefore, afforded the union
27 recognition and said, "I will negotiate with the unions who
28 will represent you", could he not do that at least unless
29 until some of his employees went to the NLRB in order to
30 challenge his decision?
31 A. You are in a very tricky situation, my Lord. The
32 employer, under the rules, cannot go and individually
33 solicit his employees. I think I mentioned previously
34 about interrogation. He cannot do that. There have been
35 some occasions when cards are handed over by the union or a
36 petition is signed, and then you get into the tricky thing
37 about: do signatures look the same way or do not? The
38 prudent employers say that this is a matter that should be
39 before the National Labour Relations Board, and use the
40 correct machinery. That is why the Government has set it
41 up. Because, otherwise, you leave yourself wide open for
42 claims on many different sides.
43
44 MR. MORRIS: The allegation that the two main union activists
45 who appeared at the hearings, one was effectively promoted
46 and one was demoted. Was this one of the allegations of
47 unfair labour practices that came up?
48 A. No, it was not. There two gentlemen who represented --
49 were with the union at the hearings, but neither of them
50 were promoted or demoted, I think were the things. No,
51 they were not part of the allegations.
52
53 Q. You were involved in this situation. Did you attend the
54 hearing?
55 A. I did attend the hearing. Yes, I did.
56
57 Q. How long were you, personally, involved in this situation
58 for; were you involved throughout the three to four months?
59 A. How many days would I have been involved, is that what
60 you are asking?
