Day 144 - 28 Jun 95 - Page 23

     
     1        specific instances of what you are talking about.  As a
     2        general rule, you cannot interrogate employees about their
     3        union interest.
     4
     5   Q.   Right, but can you ask them about why they are interested
     6        in joining a union?
     7        A.  No, I would say not.
     8
     9   Q.   You cannot?
    10        A.  No.
    11
    12   Q.   So would it concern you if that was done in Canada?
    13        A.  Yes, it would.  Are you asking me if it did occur?
    14
    15   MR. JUSTICE BELL:  No, not at the moment.
    16
    17   MS. STEEL:   She also says that, I am not sure what time this
    18        was during the dispute but it was before the
    19        election  -----
    20        A.  My Lord, could I ask a question?  Am I being asked to
         verify what someone else is saying?
    22
    23   MR. JUSTICE BELL:  No, you are not.  It is being put to you on a
    24        purely hypothetical basis:  If something happened then you
    25        are asked for your reaction to it.
    26
    27   MS. STEEL:  At some stage before the election was held, Cam, the
    28        owner, held a meeting?
    29        A.  He would have held, I would imagine, several crew
    30        meetings.
    31
    32   Q.   And amongst -----
    33        A.  That is part of the -- I think we have already talked
    34        about the facts that we do crew meetings all the time.
    35
    36   Q.   During that meeting there was discussion about the union
    37        and Cam was talking about how the store did not need a
    38        union because the staff were given paid rates,
    39        (indecipherable) half priced food?
    40        A.  I think your confusion -----
    41
    42   Q.   If that is true, would that concern you?
    43        A.  No.
    44
    45   Q.   It would not?
    46        A.  I think your confusion is, given the rights of
    47        individuals in the US, you have a right to express your
    48        opinion, but you do not have a right to elicit from others,
    49        if you will, what their feelings are, but you clearly have
    50        the right to express your opinion. 
    51 
    52        I do not know what you are talking about there, but if that 
    53        is the context you are putting this in, what I am saying to
    54        you is the right analysis of the situation.  You cannot ask
    55        someone else but you can express your opinion.
    56
    57   Q.   So you would not consider it out of order or beyond the
    58        bounds if in America there was a crew meeting during the
    59        run up to an election for a union and the Store Manager or
    60        someone higher than that talked to crew about how they did