Day 138 - 20 Jun 95 - Page 49
1 criticised by the Labour Board." Were they?
2 A. No, they were not. If they did not happen, how were
3 they criticised?
4
5 Q. Were these allegations made in the course of this appear,
6 do you remember?
7 A. There were a variety of allegations made by the union.
8 As I think I mentioned earlier, that is typical. There
9 were no allegations that I recall specifically on these two
10 individuals. There may have been, it is possible, so I do
11 not want to say conclusively not. What I can say
12 conclusively was that there was never any remedy or
13 requirement with regard to these two individuals imposed on
14 the franchisee.
15
16 Q. I think you told us yesterday, Mr. Stein, that, so far as
17 you were aware, there had never been a finding against the
18 Corporation?
19 A. That is correct.
20
21 Q. Of an unfair labour practice?
22 A. That is correct, and in this situation nothing against
23 the franchisee.
24
25 Q. What, in fact, was the substance or nature of the hearing,
26 or whatever it was, the proceeding before the NLRB?
27 A. The principal proceeding before the NLRB had to do with
28 what is called the multi-story unit, what is the
29 appropriate unit to hold this election in.
30
31 Q. What was the dispute about that in this case?
32 A. The union was seeking to represent only the employees
33 at the Warbash Avenue store. The owner/operator operated
34 an additional 7 stores, there were a total of 8 stores, and
35 the question that the NLRB had to decide was whether or not
36 there was a community of interest among all of the
37 employees because of common working conditions, transfer
38 between the restaurant -- that happens frequently -- and
39 that it would be improper for them to hold an election in
40 one store, or was it proper for them to hold an election in
41 one store versus dictate that the election needed to take
42 place in all 8 restaurants.
43
44 Q. What was the decision of the NLRB in this particular case?
45 A. A written decision by the NLRB finding that the only
46 appropriate unit would be an 8 store unit.
47
48 Q. Was there then an election in the 8 stores or not?
49 A. No, there was not.
50
51 Q. Did the union try to get its 30 per cent share of interest
52 in those 8 stores or not?
53 A. Yes. I do not know if we have mentioned the 30 per
54 cent required up until now.
55
56 Q. I thought you did?
57 A. Maybe we did, but I do not recall.
58
59 MR. JUSTICE BELL: Yes, you did.
60
