Day 138 - 20 Jun 95 - Page 50
1 MR. RAMPTON: We did. The position, if I recall, is this: If
2 the union can get a minimum of 30 per cent show of interest
3 amongst the people it is trying to recruit, why then it can
4 petition for an election?
5 A. That is correct, and then proceed with an election in a
6 broader unit, if you will, than they initially requested,
7 so that the process is that after the decision came down
8 that the only appropriate unit was all 8 stores, the NLRB
9 then gave them, I believe, a period of 10 days, it may have
10 been longer, to get additional cards showing that they had
11 30 per cent in the broader unit.
12
13 MR. JUSTICE BELL: So they had showed their 30 per cent in the
14 one store only, had they?
15 A. We presume so, sir, because we do not get to see those
16 cards, but the NLRB goes through an administrative process
17 and their requirement is 30 per cent.
18
19 MR. RAMPTON: The employer never gets to see how the voting on
20 the show of interest went?
21 A. No.
22
23 Q. Did they get their share of interest in the 8?
24 A. No, because the way we know is the NLRB dismissed their
25 original petition indicating there was not a sufficient
26 showing of interest for the broader unit.
27
28 Q. Thank you. My Lord, the actual decision -- I am not going
29 to ask anybody to look at it now -- of the NLRB is at
30 tab 73 of pink 14. My Lord, I have left Chicago and I am
31 going to Detroit next.
32
33 MR. JUSTICE BELL: We will break off there until 2 o'clock.
34
35 (Luncheon Adjournment)
36
37 MR. RAMPTON: Mr. Stein, from Chicago to Detroit in 1980. My
38 Lord, these are passages 50 and 115 in the Abstract. My
39 Lord, I will only read 115 which is on page 41. Mr. Stein,
40 the allegation is as follows: "In or around 1980 in
41 Detroit, the Detroit Fast-food Workers Union met hostility
42 in its recruitment drive when it filed for elections at
43 three McDonald's stores. McDonald's undermined union
44 support by responding with sweeteners", the same word,
45 Mr. Stein, "for staff (celebrity visits, McBingo trips and
46 a staff disco) on the eve of the election. On the day of
47 the election pay cheques were altered to give the
48 impression that union recognition would lead to wage
49 problems." Mr. Stein, do you remember the Detroit matter?
50 A. Yes, I do.
51
52 Q. Were you personally involved in it?
53 A. Yes, I was.
54
55 Q. Do you remember a man called Daniel Canter?
56 A. Yes, I do.
57
58 Q. Who was he?
59 A. Daniel Canter was the chief organiser for ACORN, also
60 known as Detroit Fast-food Workers.
