Day 138 - 20 Jun 95 - Page 54


     
     1        their wages.
     2
     3   MR. RAMPTON:  Was that something that Ralph Kelly had done that
     4        was scrutinized by the NLRB?
     5        A.  Yes, it was scrutinized by his outside lawyer, and it
     6        was the subject of claims made by the Detroit Fast-food
     7        Workers to the NLRB.
     8
     9   Q.   Suppose the NLRB had concluded on scrutinizing these
    10        comparative cheques, pay cheques, that Ralph Kelly had
    11        deliberately distorted the information contained in those
    12        pay cheques so as to favour his case and disfavour the
    13        union's case, what would the NLRB have done?
    14        A.  Minimum, they would have set the election results aside
    15        and held a new election.  Based upon their discretion, they
    16        could also certify the union.
    17
    18   Q.   Would that have been a serious matter, so far as the NLRB
    19        were concerned, that kind of conduct, if had been
    20        committed, falsifying the cheques?
    21        A.  Yes, falsifying would be, yes.  The rules of the NLRB
    22        is that that is totally permissible to have two cheques,
    23        but you had better be accurate, because you if mislead the
    24        employees they would find the fault that we are talking
    25        about.
    26
    27   Q.   I understand that.  Mr. Stein, I would like you to look at
    28        another document which is the statement of Mr. Canter which
    29        I am going to ask you, in some part at least, to comment
    30        on.  You will find it in a powder blue file behind you,
    31        I think, called Defendants' Witness Statements No. 2,
    32        I think it is.  That is divided in two halves, A and B.  If
    33        you turn to the second half B and then to tab 8 in section
    34        B?
    35        A.  Yes, I have it.
    36
    37   Q.   He says that his name is Daniel Canter.  He says:  "In 1980
    38        I was the organising director for the Detroit Fast-food
    39        Workers Union local 222".  Do you know what he means by
    40        "local 222"?
    41        A.  No, that is the designation they gave themselves.
    42
    43   Q.   He says he is writing to relate his experience of this
    44        particular matter which he says is still vivid in his mind
    45        though it happened at the time October 27th 1993 when he
    46        wrote it 13 years earlier.  He says:  "There were several
    47        dozen McDonald's franchises in the Metropolitan Detroit
    48        area.  In early winner 1980, following on the success that
    49        we had organising the workers at a down town Burger King,
    50        we began talking with employees at about 15 different 
    51        McDonald's restaurants.  There was great interest from many 
    52        workers as the basic wage in the fast-food industry is 
    53        minimum wage and McDonald's was no different".  Was
    54        McDonald's different or not then, Mr. Stein?
    55        A.  On average, our employees were receiving more than the
    56        minimum wage, you know, this gets us into the -----
    57
    58   Q.   He says the basic wage in the fast-food industry is the
    59        minimum wage?
    60        A.  No, no.  I think you have seen statistics that show we

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