Day 138 - 20 Jun 95 - Page 69


     
     1
     2   Q.   You tried to persuade Tysons to resolve the matter
     3        themselves?
     4        A.  Yes.
     5
     6   Q.   What reaction, if any, was there from Tysons or any of its
     7        employees?
     8        A.  Its employees were outraged over what was happening.
     9        They felt that ----
    10
    11   Q.   I beg your pardon, Mr. Stein, the unions are supposed to be
    12        representing the employees?
    13        A.  That is correct, but the employees I will tell you felt
    14        that the union was acting for their own interests and not
    15        the interest of employees.
    16
    17   Q.   So what did the employees do?
    18        A.  The employees secured their own attorney and they filed
    19        for an injunction against their own union in Federal
    20        District Court.  I think it was Arkansas, Texas.
    21
    22   Q.   It was?
    23        A.  They filed for an injunction against their own union
    24        claiming that the union had breached their duty of fair
    25        representation by leafleting McDonald's stores with
    26        untruthful leaflets.
    27
    28   Q.   Did they ask for an injunction specifically to restrain the
    29        distribution of the leaflets?
    30        A.  Yes, they did.
    31
    32   Q.   Was the application successful or not?
    33        A.  Yes, it was.
    34
    35   Q.   Could you turn to the front, please, of tab 72.  This looks
    36        like a judgment of the District Court, Western District of
    37        Arkansas, Tex Arkansas Division.  There is a small point of
    38        geography, Mr. Stein.  Is it called Tex Arkansas because it
    39        is on the border of Texas and Arkansas?
    40        A.  Yes, it is right there.  That is why it is call Tex
    41        Arkansas.
    42
    43   Q.   This is a judgment, or do you call it an opinion, I do not
    44        know?  Anyhow it makes an order at the end, as we will
    45        presently see, by the United States District Judge George
    46        Howard, Junior?
    47        A.  You are a little bit out of my realm in this area.
    48        This is not per se Labour Relations.
    49
    50   Q.   It is not Labour Relations? 
    51        A.  No. 
    52 
    53   Q.   More like my field, I think, probably when we look at it,
    54        Mr. Stein.  I am not going to read the whole thing by my
    55        means.  It says that the case came on for hearing on the
    56        very day that judgment was given?
    57        A.  Right.
    58
    59   Q.   10th June 1983.
    60

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