Day 138 - 20 Jun 95 - Page 68


     
     1
     2   Q.   That is not allowed; is that right?
     3        A.  Generally speaking, it is not allowed, yes.
     4
     5   Q.   Are you allowed on a secondary boycott or, as we call it, a
     6        secondary picket, simply to convey information under
     7        American law?  In other words, am I allowed to stand in the
     8        street outside a McDonald's restaurant as part of a
     9        secondary picket and just give information to members of
    10        the public?
    11        A.  You are talking about free speech?
    12
    13   Q.   I am talking about free speech?
    14        A.  Yes, in general you can do that, you can hand out
    15        leaflets and if you are not blocking the entrances and
    16        exits, you are allowed to hand out leaflets.
    17
    18   Q.   So if you are not interfering directly with the conduct of
    19        the business, you can hand out information?
    20        A.  That is correct.
    21
    22   Q.   Does the NLRB concern itself with the question whether the
    23        information that is being handed out is accurate or not?
    24        A.  I tried to but they claimed that under their precedence
    25        they would not look behind the leaflet and determine the
    26        truthfulness of what was being said.
    27
    28   Q.   So in consequence of that, was the NLRB unwilling to
    29        intervene in the matter?
    30        A.  That is correct.  Would you like me to go on from
    31        there?
    32
    33   Q.   I would like you to tell us what happened next?
    34        A.  OK.  At that point in time we met with the officials of
    35        Tyson and told them that we would have to cease doing
    36        business with them because it did not appear that there was
    37        a way of stopping this in the short run.  We knew under
    38        American law that damages might ultimately prevail but that
    39        could destroy, by the time that happens, our good name and
    40        reputation and that we were going to cease doing business
    41        with Tysons unless Tysons could solve the matter.
    42
    43   Q.   What did you expect that Tysons might be able to do?
    44        A.  I was hoping that there might be some way at the
    45        bargaining table the two might agree.
    46
    47   Q.   I see, resolve it by agreement?
    48        A.  Yes.
    49
    50   Q.   Were they able to do that? 
    51        A.  No, they were not. 
    52 
    53   Q.   Did you cease doing business with Tysons at any stage?
    54        A.  At some point, I believe for two or three days further
    55        down the road, we did but there are some facts that lead up
    56        to that.  The reason for it was we had excess supply at one
    57        point because we did not think we were going to have
    58        continued supply, so down the road we did have to cease for
    59        two or three days deliveries but a lot happened in the
    60        meantime.

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