Day 139 - 21 Jun 95 - Page 15

     
     1
     2   Q.   Did you check through the books, and that kind of stuff, to
     3        see what the conditions were; I mean, the formal forms and
     4        the books and the auditing, whatever, to check everything
     5        was normal for a McDonald's store?
     6        A.  It was normal.
     7
     8   Q.   It was normal.  Why would it be illegal for you to talk to
     9        staff?
    10        A.  The National Labour Relations Act has specific rules
    11        dealing with interrogating employees.
    12
    13   Q.   When you say "interrogating", you mean -----
    14        A.  Asking them questions.
    15
    16   Q.   Why is it illegal to ask the employees about causes of any
    17        discontent or whatever?
    18        A.  There are very prescribed rules that the NLRB has, and
    19        if you start asking them questions that are clearly meant
    20        to elicit anything dealing with the union activities or
         what the issues may be, someone such as myself doing that
    22        would be a problem; and I, frankly, would not expose myself
    23        to it.
    24
    25   Q.   Do you think that is a sensible rule?
    26        A.  It is -- I look at it as malum prohibitum.  I do not
    27        know if it is malum per se.  It is what is prohibited, and
    28        I will follow the rules.
    29
    30   Q.   Is that because the staff may feel intimidated if some
    31        higher representative -----
    32
    33   MR. JUSTICE BELL:  Do you know?
    34        A.  The NLRB wants to create as much as possible an
    35        atmosphere, the right atmosphere, and they prescribe --
    36        this is one of the rules, so I abide by it.
    37
    38   MR. MORRIS:  It would be the wrong atmosphere if a high up
    39        executive came down to be seen to be trying to influence
    40        the course of events, when people are interested in union
         organisation?
    42        A.  The word "influence" has a lot of different meanings.
    43        Do they have a right to state facts?  Yes, they have a
    44        right to state facts.  The word "influence" is a word of
    45        art in the US.
    46
    47   Q.   Which town did Earl Campbell play for?
    48        A.  Houston.
    49
    50   Q.   Houston, Texas? 
    51        A.  That is correct. 
    52 
    53   Q.   How many miles is that away from Detroit?
    54        A.  I would say it is probably 1,000 miles.
    55
    56   MR. JUSTICE BELL:  Houston Oilers, was that who he played for?
    57        A.  Yes, sir.  If I might say, he was a really fine
    58        football player.  As you can tell, I liked him.
    59
    60   MR. MORRIS:  How many stores did you have in Detroit at this