Day 137 - 19 Jun 95 - Page 05


     
     1        restaurant is not sufficient to constitute a unit", it is
     2        in this case all six restaurants because, there is a
     3        uniformity of interest or community of interest, and the
     4        union could not raise 30 per cent interest amongst the
     5        total workforce in those six restaurants, what would be the
     6        fate of the petition?
     7        A.  The National Labour Relations Board would dismiss the
     8        petition.
     9
    10   Q.   So that the licensee's operation would remain ununionised;
    11        is that right?
    12        A.  That is correct.
    13
    14   Q.   What if the union got its 30 per cent across the board,
    15        what would happen next?
    16        A.  Then what the National Labour Relations Board would do
    17        is they would get the parties together for the purpose of
    18        setting up an election, the date, the time, the place, the
    19        hours, if you will, that the polls would be open.
    20
    21   Q.   This is a secret ballot?
    22        A.  Yes, it is.  One of the jobs that I had when I worked
    23        for the National Labour Relations Board was conducting
    24        these elections -- perhaps this is more detailed than you
    25        need -- I would come with my own voting booth that was,
    26        obviously, government property and I would ensure the
    27        secrecy of the balloting process.  I would count the
    28        ballots there and everyone would witness the results.
    29
    30   Q.   Is the election, assuming that it is properly held, a
    31        secret ballot conducted by the Board, decided on a simple
    32        majority?
    33        A.  Yes, it is, sir.
    34
    35   Q.   If a simple majority of that licensee's workforce should
    36        vote in favour of the organisation, then a union will be
    37        represented?
    38        A.  Yes, the formal proceeding is within five days after
    39        the election; if there be no objections to any context
    40        surrounding the election, they would either certify the
    41        union or certify the results.
    42
    43   Q.   Can I ask you this since it arises conveniently now:
    44        Suppose the Board should conclude that the employer was in
    45        some way trying to frustrate or obstruct the fair and free
    46        election, what powers of law does it have?
    47        A.  They have two different avenues to pursue; one is they
    48        could set aside the election and order that a new election
    49        take place, so they could either hold a new election and
    50        they would set forth the terms under which that new 
    51        election would take place, or if it was felt that the 
    52        employer -- and by the way that goes with respect to either 
    53        the employer or union conduct ---
    54
    55   Q.   I understand that.
    56        A.  -- either way, and if they feel that the employer has
    57        committed unfair labour practice, serious unfair labour
    58        practices, the National Labour Relations Board has the
    59        power, even if the union lost the election, to order the
    60        employer to recognise and bargain in good faith with this

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