Day 137 - 19 Jun 95 - Page 07
1 could have engaged in, and there are unfair labour
2 practices that employers could have engaged in and, as
3 I mentioned, anyone can file a charge against an employer
4 or a union.
5
6 Q. That is a much better answer than my question. My question
7 should have been, how did that proportion break down while
8 you were there?
9 A. If I can for a second, just to make sure there is full
10 clarification, there are two separate areas, if you will,
11 that I would have dealt with; one was what I would call
12 representation law, the election process that we described,
13 and the other would be the unfair labour practice process
14 where I would have begun as an investigator and then
15 I would have, as I gained more experience, frankly, as a
16 lawyer, I would have represented the National Labour
17 Relations Board before hearings and Federal Courts.
18
19 Q. In your representation on unfair labour practice charges,
20 how did you find your practice broke down or separated as
21 between unions and employers?
22 A. The vast majority of the actions would generally be
23 against employers, except there would be cases where union
24 members, in particular, or during organising campaigns,
25 there would be charges against the unions. I would have to
26 say it is probably, from my experience back then, it is
27 probably 70 per cent or so versus employers and 30 per cent
28 versus unions. The other area of the law is a secondary
29 boycott area which would be -- there would be numerous
30 cases and there it would be against unions.
31
32 Q. They would be against unions. Would those cases sometimes
33 be brought by the employer who was the indirect target of
34 the secondary boycott and sometimes by the direct target of
35 the secondary boycott?
36 A. Yes, normally speaking, the direct target would usually
37 bring the matter but on occasion the indirect, the
38 secondary, would bring it. Again, anyone can file the
39 charge but, generally, the direct target would be doing it.
40
41 Q. You joined McDonald's in 1974. I think you told us you
42 left the NLRB in 1972. What did you do in the interim?
43 A. I went into private practice.
44
45 Q. Did you specialise?
46 A. Yes, I did, in Labour Relations. I joined a law firm
47 in Columbus, Ohio, and spent two years in Labour Relations
48 there.
49
50 Q. How was it that you came to join McDonald's in 1974?
51 A. McDonald's became a client during my tenure with the
52 law firm and they asked me to join them as an employee.
53
54 Q. You did so?
55 A. Yes.
56
57 Q. Why? Did they offer you more money?
58 A. No, actually they offered me slightly less money, but
59 I saw a fantastic opportunity.
60
