Day 173 - 16 Oct 95 - Page 52


     
     1   MR. JUSTICE BELL:  Yes.  I know you planned your
     2        cross-examination no doubt in some detail.  I do not want
     3        to throw you by suggesting you take a direct line to the
     4        main parts.  To my mind, at the moment, the main parts are
     5        hostility to unions and any sacking or discrimination as a
     6        result.  Pay, to my mind, comes a third and, possibly, a
     7        poor third, simply because it is ten years before you are
     8        alleged to have distributed the leaflet.  We have got an
     9        awful lot of evidence about what pay rates were much nearer
    10        that time.  That is all.  You have got what the labour
    11        board decided.  You have certain answers from Mr. Mehigan
    12        about his attitude towards unions having a place, and what
    13        may be of most interest to me, having got that far, is
    14        whether any particular employees were discriminated against
    15        because of their participation in the events in the summer
    16        of 1979.
    17
    18        Five minutes.
    19
    20                         (Short adjournment)
    21
    22   MR. MORRIS:  In the memo you mentioned something up to 20 people
    23        were involved in this possible union activity before the
    24        strike at the O'Connell Street store; yes, it is in the
    25        memo -- that is quoting directly from the memo -- "Martin
    26        Coughlin felt there ought to be possibly up to 20 involved
    27        with the rumblings to do with union activity".  Without
    28        going into great detail, there are some names of people
    29        that were identified as instigators in that memo, there
    30        were four names that were not on the list that was
    31        disclosed; do you remember the one that was a recent
    32        document that had seven people down on it -- and anyone can
    33        check that; there were also in the various affidavits
    34        enclosed as documents to do with all the picketing
    35        complaints, do you remember the legal action you were
    36        trying to take to stop picketing or to limit the picketing?
    37        A.  Yes, the affidavits, yes.
    38
    39   Q.   There were further names mentioned, including Dermott
    40        Fallon and Kathy Smallneck, but they were picketers, were
    41        they?  Do you just remember?
    42        A.  I am sorry, are they mentioned in the affidavit as
    43        picketers?
    44
    45   Q.   Sorry, they are -- I mean, were Dermott Fallon and Kathy
    46        Smallneck involved with the picketing of the O'Connell
    47        Street store?
    48        A.  If they were mentioned in the affidavit, yes, they were
    49        picketers.
    50 
    51   MR. JUSTICE BELL:  It comes out to about that.  You have the 
    52        ones on the first page of the memo, or rather you have the 
    53        ones who are on the first page of tab 59A; there are seven
    54        of them there.  Then you have four who are on page 964 who
    55        do not appear on the first page of 59A.  So that takes you
    56        up to about 11, and then if you think you have a few who
    57        are mentioned here and there who do not appear on either
    58        document you are getting nearer to 20 possible people.
    59
    60   MR. MORRIS:  Yes.  (To the witness) Would you accept something

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