Day 144 - 28 Jun 95 - Page 22
1 McDonald's store. She says in her statement: "As soon as
2 Cam" -- that is Mr. Valentine who is the owner of the
3 operation, is he not -- "found out about the union he
4 invited day staff into his office one by one to chat".
5 That would be illegal in the USA, would it not? I think
6 you said that previously in evidence.
7 A. Having an employee come to a manager's office or an
8 owner's office to have a conversation is illegal?
9
10 Q. About unions?
11 A. To interrogate an employee about unions is illegal,
12 yes.
13
14 Q. I think you said at one of the stores you were referring to
15 you could not even talk to them about unions or it could be
16 assumed you that you were -----
17 A. Wait a minute. You are taking things totally out of
18 context. Ask me questions but do not tell me what I have
19 said because I know what I have said, and this is an area
20 that I do have a fair amount of knowledge about, so do not
21 tell me what I have said.
22
23 Q. I believe that you said on a previous occasion -- if you
24 want to ---
25
26 MR. JUSTICE BELL: Yes, I think we should -----
27
28 MS. STEEL: -- correct me, I have not a clue where it is, to be
29 honest, but if the witness believes I am wrong, he can say
30 so. I believe that when I asked you on a previous
31 occasion -----
32
33 MR. JUSTICE BELL: No, can you pause there, please? I do not
34 particularly want to go hunting through the transcript, but
35 if you and the witness have a different recollection of
36 what is said, we cannot proceed on one basis rather than
37 another.
38
39 MS. STEEL: No, I understand that.
40
41 MR. JUSTICE BELL: We actually have to see what was said.
42
43 MS. STEEL: I understand that.
44
45 MR. JUSTICE BELL: I appreciate it is tiresome and takes time,
46 but it is the only way we can do it.
47
48 MS. STEEL: If he does not accept it then -----
49
50 MR. JUSTICE BELL: You do not have to pursue it; you can ask
51 again what the situation is, if you wish.
52
53 MS. STEEL (To the witness): I believe you said on a previous
54 occasion (and you can say if I am incorrect in believing
55 this), when I asked you whether you had enquired amongst
56 crew members why they were interested in joining a union,
57 you said that asking them any questions about the union or
58 that kind of question about the union could be construed as
59 trying to influence the election and that would be illegal.
60 A. In general, you are right, but you need to give me some