Day 139 - 21 Jun 95 - Page 14


     
     1        an election.  There could be many different motives why
     2        someone would sign a card.  The NLRB rules are that there
     3        needs to be an indication that 30 per cent wish to have an
     4        election, not necessarily that they wish to be a member of
     5        a union.  In fact, my Lord, if you will, that is why in a
     6        lot of cases that gets to be very controversial as to what
     7        was the intent by signing the card.
     8
     9   MR. MORRIS:  Do you think that the fact that they were in a city
    10        that had a strong union tradition may have had some
    11        influence?
    12        A.  If you are asking me whether or not their parents or
    13        their relatives would be union members in a city such as
    14        that, it is very likely that some members of families would
    15        be.  But I am not sure I understand the gist of -----
    16
    17   MR. JUSTICE BELL:  If you cannot answer the question, say so.
    18        Mr. Morris is entitled to ask you, in case you can give any
    19        useful information about what particular reason there might
    20        have been for any show of interest in unions in three
    21        stores in Detroit.  Now, if you can think of a reason,
    22        whatever it may be, it would be helpful for you to declare
    23        it.  If you just do not know, then you must not hesitate to
    24        say so.
    25        A.  Thank you, my Lord.  I do not know.  You are asking me
    26        to speculate.
    27
    28   MR. MORRIS:  When you went to Detroit to get involved in that
    29        situation, part of your investigation was not to identify
    30        what the causes of discontent were or reasons for interest
    31        in the union were?
    32        A.  You are making an assumption, sir, that there was
    33        discontent.
    34
    35   Q.   I am saying, did you investigate causes of potential
    36        discontent, and -----
    37
    38   MR. RAMPTON:  My Lord, he must be asked first, with respect,
    39        whether he was aware whether there was any discontent.
    40
    41   MR. MORRIS:  I am asking if he investigated.  He may not have
    42        investigated it.  I do not know
    43
    44   MR. JUSTICE BELL:  I will ask that.  (To the witness)  Did you
    45        make any investigations as to what reasons there might be
    46        for any interest which there might have been in union
    47        representation?
    48        A.  Certainly, I asked the owner/operator what he might
    49        feel the interest would be in the union.
    50 
    51   MR. MORRIS:   But did you ask the staff?  Did they tell you what 
    52        their interests were? 
    53        A.  It would be illegal for me to ask the staff.  The
    54        answer is "no".
    55
    56   Q.   So what did the operator say, then?
    57        A.  The operator said he did not really understand what it
    58        was all about or why there would be this problem.  He felt
    59        his stores were operating properly and he felt that his
    60        people were all quite content.

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