Day 138 - 20 Jun 95 - Page 18


     
     1        I think you have answered it.  Does this mean that there is
     2        no objection to employees soliciting other employees to
     3        join a union during their breaks or in the crew room or
     4        whatever it is?
     5        A.  That is correct.  In their crew room they would have an
     6        absolute right to do that.  We do not want, if someone is
     7        working at the grill and the other person is off duty, that
     8        would not be permitted, but if both of them are in the crew
     9        room during their break they have an absolute right to do
    10        that.
    11
    12   Q.   It says in the last paragraph:  "Employees who have
    13        finished work are requested to leave the premises as soon
    14        as possible.  Off duty employees are not permitted to
    15        distribute literature to solicit or otherwise interfere
    16        with or disturb working employees".
    17
    18   MR. MORRIS:  The previous question was a completely leading
    19        question, Mr. Rampton.
    20
    21   MR. RAMPTON:  I know it was; he had already answered.
    22
    23   MR. MORRIS:  No, I think you put the words into his mouth,
    24        Mr. Rampton.
    25
    26   MR. RAMPTON:   I will not trouble, Mr. Stein.
    27
    28   MR. JUSTICE BELL:  What are you objecting to, Mr. Morris?
    29
    30   MR. MORRIS:  You said I should bring up Mr. Rampton directly.
    31
    32   MR. JUSTICE BELL:  What are you objecting to?
    33
    34   MR. MORRIS:  I am objecting to putting words into the witness's
    35        mouth.
    36
    37   MR. JUSTICE BELL:  Let us look at the question.  Which is the
    38        question you are objecting to?
    39
    40   MR. MORRIS:  It was the long speech by Mr. Rampton.
    41
    42   MR. RAMPTON:  Let me ask it again.
    43
    44   MR. JUSTICE BELL:  Just pause for a moment.  It was a leading
    45        question but you really have to ask, have you not, whether
    46        it does any harm?  I would have thought in that instance
    47        that in that instance Mr. Rampton is putting no more than
    48        the obvious meaning of the words of what he read out from
    49        "if such solicitation takes place" etc. because the normal
    50        inference would be that if it does not take place in an 
    51        area of the restaurant frequented by customers, and if it 
    52        does not otherwise interfere with work being performed by 
    53        other employees, then the soliciting set out in the first
    54        part of that paragraph which is, in fact, one sentence is
    55        all right; it could not be any other meaning.
    56
    57   MR. MORRIS:  It says "during such employees' working time",
    58        which I would have thought to mean from the moment they
    59        walk into the store to the moment they leave the store,
    60        having completed their work.

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