Day 143 - 27 Jun 95 - Page 08

     
     1
     2   Q.   He could not do that without you being present?
     3        A.  Oh, I suspect he could have done it extremely well.  He
     4        knew far more than I did.
     5
     6   Q.   So what were you doing there for eight days or seven days?
     7        A.  I was working with him on that.  I also worked with him
     8        on an injunction matter.  He was seeking an injunction
     9        against the picketing.  It was, from what I understood, a
    10        very unique kind of legal proceeding in Ireland, and he had
    11        recommended that we proceed for an injunction totally
    12        banning what was then very violent picketing by
    13        non-employees of the operator.
    14
    15   Q.   And employees of the operator?
    16        A.  If there were, there were very, very few.  I remember
    17        one employee (and I will never forget him), Jimmy Mackin,
    18        because he threatened me as well as he threatened other
    19        people with physical harm.
    20
    Q.   The strikers succeeded at the end of the strike in
    22        establishing a principle that they had a right to union
    23        representation?
    24        A.  I think I mentioned to you that there was a ---
    25
    26   Q.   An agreement?
    27        A.  -- Commission or, I do not know the correct name of it,
    28        who made a recommendation, that it had been submitted
    29        voluntarily by the owner/operator and the union, and with
    30        the understanding that both would abide by the decision.
    31
    32   Q.   So, despite the fact that you are a top Labour Relations
    33        attorney, and that you hired the best possible lawyer in
    34        Ireland to advise the Company, with your guidance, they
    35        were unable to see that the Labour Board would recommend
    36        that the employees had a right to be represented.
    37
    38   MR. JUSTICE BELL:  Do not answer that question because it was
    39        comment from beginning to end.
    40
    MR. MORRIS:  You were there, were you not, to do everything you
    42        could to prevent union presence in McDonald's in Ireland?
    43        A.  Untrue.
    44
    45   Q.   When the strike was finished and an agreement was made
    46        following a recommendation by the Labour Board to recognise
    47        unions, the union, what did you advise the Manager at that
    48        time, or did you advise the Manager?
    49        A.  As far as I was concerned, the matter had been
    50        resolved.  The -- I call it a tribunal -- the court or the 
    51        Commission, whatever it was, had laid down its decision. 
    52        The parties had agreed.  He and the union had agreed up 
    53        front that they would abide by that decision and there was
    54        no disagreement, and the owner/operator knew that he needed
    55        to execute and follow through on what he had agreed to.
    56
    57   Q.   But you must have spoken to him following the ------
    58        A.  Yes, sure, that was the nature of the discussion.
    59
    60   Q.   What did you advise him about, what did you advise him