Day 138 - 20 Jun 95 - Page 57


     
     1        did not know who these people were, nor did the NLRB know
     2        who these people were, because they were not a national, a
     3        union, not even a local union that -----
     4
     5   Q.   You mean they did not know who the Fast-food Workers Union
     6        was?
     7        A.  Yes, it was a surprise to me and, as I found out, it
     8        was a surprise to most people, and there was a hearing.
     9        One of the conditions that a union has to pass in order to
    10        be put on the ballot, in order to have an election (and
    11        I do not mean to get into legal technicalities), but they
    12        need to be a labour organisation within the meaning of the
    13        National Labour Relations Act.
    14
    15   Q.   Do they have to be registered for that purpose?
    16        A.  No.  It does not require registration as you would find
    17        in Europe.
    18
    19   Q.   But they have to satisfy certain conditions?
    20        A.  That is correct.  As part of that process, you often
    21        times need to get a hold of their constitution and bylaws,
    22        and when we received in the hearing the constitution and
    23        bylaws, it was of ACORN, is what we received.
    24
    25   Q.   You mean it was not a union constitution at all?
    26        A.  No, they said:  "This is the only thing we have".
    27
    28   Q.   What did the constitution tell you about the nature and
    29        purposes of ACORN?
    30        A.  It indicated that ACORN originally was founded in the
    31        southern part of the United States, and its principal
    32        purpose was to represent people in communities concerning
    33        certain social issues.  It also -- a thing that alarmed us
    34        was that it was principally a white organisation, if you
    35        will, developed in our south, and I do not want to get into
    36        the history of the US ---
    37
    38   Q.   No.
    39        A.  -- in discrimination.
    40
    41   Q.   Assume we know a bit about the history of the southern
    42        states of the United States in the 60s and 70s.
    43        A.  If I might for a moment, the environment in Detroit in
    44        the -- Ralph Kelly was black.  80 per cent -----
    45
    46   Q.   I was going to ask you, Ralph Kelly is black, did you say?
    47        A.  Yes, and 80 per cent of his employees were -- in the
    48        constitution and bylaws it said:  "Organise among white
    49        workers, white people.  Only as a last resort, bring in
    50        minorities" and that did not sit with us very well at all. 
    51 
    52   Q.   What was the majority of Ralph Kelly's employees, what 
    53        colour were they?
    54        A.  They were black.
    55
    56   Q.   By what percentage?  I think you did say, but I missed it.
    57        A.  About 80 per cent.
    58
    59   Q.   I think you told us earlier that in Detroit, at least, it
    60        is heavily unionised or a union tradition area?

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