Day 144 - 28 Jun 95 - Page 27
1 buttons, and that was -- there was never any finding that
2 was at all related to any unions.
3
4 Q. So you say it was just pure coincidence that the Company
5 happened to be giving out "Just say no" badges during the
6 run up to the union election?
7 A. I am saying to you that "Just say no" buttons, if they
8 were used up there, are things that I have seen in many
9 different stores throughout the US and Canada.
10
11 MR. JUSTICE BELL: Just pause a moment. Let us break it down
12 because I am not sure you and Ms. Steel are
13 completely -- you are partly on the same wavelength, but
14 may be not completely. What Ms. Steel is suggesting to
15 you, whatever the situation may be about "just say no"
16 buttons and drugs, that when it came to the election, the
17 franchisee or his managers were handing out "just say no"
18 buttons for crew to wear; the context being that they
19 would, obviously, be interpreted at that time and place as
20 "just say no" to the union.
21
22 Just pause for a moment. Firstly, do you know whether
23 "just say no" buttons were handed out to crew in the run
24 up to the election?
25 A. I do not know that from my personal knowledge, my
26 Lord. I know that before the Ontario Labour Board there
27 was an allegation concerning buttons, and the Ontario
28 Labour Board dismissed any of the allegations surrounding
29 buttons. There was never any finding of anything connected
30 to the union.
31
32 MS. STEEL: Were they actually dismissed, Mr. Stein, or was
33 there just not a ruling on it in the end?
34 A. I believe what happened was there were unfair labour
35 practice charges filed against the owner/operator by the
36 union. The union subsequently after considerable hearing
37 withdrew those charges. That is the precise words that
38 should be used.
39
40 MR. JUSTICE BELL: What I was going to ask, in addition,
41 whatever the ruling was or was not, would it concern you if
42 the franchisee or Manager handed out in the run up to the
43 election "just say no" buttons to crew, hoping they would
44 wear them?
45 A. My Lord, I have to answer it in this way: If there was
46 a thing happening in the stores at that time with various
47 support of the anti-drug campaign, it would be improper for
48 him not to do what other stores were doing.
49
50 Q. Supposing there was no particular drug purge at the time,
51 it was the run up to an election, what would you think if
52 it happened of the franchisee or Manager handing out "just
53 say no" buttons?
54 A. My Lord -- I am not trying to be difficult -- it
55 depends upon if that was something he was going to be doing
56 irrespective of the union activity, and the law is very
57 specific, that if it was planned to be done, you should not
58 deviate from what you had planned to do. You should
59 continue doing it. In fact, it can be an unfair labour
60 practice if you do not do it.
