Day 180 - 31 Oct 95 - Page 16


     
     1        The witness has dealt with it in his statement.  It is not
     2        contested that that is what the Crew Handbook said.  It is
     3        not contested that when this very gentleman asked
     4        Mr. Nicholson for permission to go in and distribute
     5        literature in one of the stores, Mr. Nicholson said:  "No,
     6        you cannot; you will have to stand on the pavement".
     7
     8   MR. MORRIS:  What is your view then of a Crew Handbook which
     9        specifies that staff shall not post posters on notice
    10        boards, distribute leaflets, organise any unauthorised
    11        meetings or collect subscriptions and how that would affect
    12        people's right to join trade unions?
    13        A.  Provided -- always provided that such activities do not
    14        take place during an employee's working time, actual
    15        working time, and I think that is an important proviso, and
    16        it is one which would apply to any industrial relations
    17        situation, always provided that employees are not actually
    18        on duty, carrying out formal responsibilities under their
    19        contract of employment, work responsibilities. I think this
    20        is draconian, and I think it is draconian because it
    21        implies that all time on the premises, including unpaid
    22        break time, is time over which the company has authority to
    23        determine the nature of trade union activity.  I think this
    24        is draconian and excessive, and that is an opinion about
    25        it, but it is my opinion.
    26
    27   Q.   Yes.  I think you did refer to the Crew Handbook
    28        elsewhere.  Did you have any other thoughts on the Crew
    29        Handbook at all?
    30
    31   MR. JUSTICE BELL:  No, I am not going to -- that is far too
    32        general.  That is really just saying:  "Is there anything
    33        more you want to say?"  I have made it quite clear by
    34        various rulings that that is out.  If you have a specific
    35        point you want to ask Mr. Pearson about, in accordance with
    36        my ruling, I asked you to give notice.  Quite frankly, what
    37        I make of it in due course is entirely a matter for me, but
    38        I would have thought you have quite enough material for me
    39        to consider whether to accept or not in Mr. Pattinson's
    40        (sic) two statements, subject to anything extra you want to
    41        ask him about overtime and performance related pay, which
    42        are the two matters you gave further notice of.
    43
    44   MS. STEEL:   I do not want to argue about this particular
    45        document, but before it gets etched into stone about not
    46        being able to ask about documents, I thought specifically
    47        we were allowed to ask the witness to comment on documents.
    48
    49   MR. JUSTICE BELL:  Yes, but if Mr. Morris had said:  "Look at
    50        the third paragraph on page 45", and asked a question about 
    51        that, that would be one thing.  But what I am not prepared 
    52        to countenance is just blanket questions:  "Is there 
    53        anything else more you want to say about such and such a
    54        document?"  Quite frankly, it does not help you; you would
    55        do much better concentrating on your hard points.
    56
    57   MS. STEEL:   I think the reason Mr. Morris asked that was just
    58        because he had a feeling there was something else, and he
    59        could not remember specifically what it was.
    60

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