Day 144 - 28 Jun 95 - Page 30

     
     1        having a good time.  They were having fun.  They wanted to
     2        be on television.
     3
     4   MS. STEEL:   Our witness goes on to say:  "The night before the
     5        vote over the union, management held an anti-union meeting
     6        to which all of the crew was invited.  At this meeting Cam
     7        and management promised that working conditions would not
     8        go back to the way they used to be if the crew voted
     9        against the union."   Are you aware of that?
    10        A.  Crew meetings are not unusual.  He would not have said
    11        what you are portraying there.
    12
    13   Q.   Do you know whether or not he did say it?  You were not
    14        there, were you?
    15        A.  I was not there.
    16
    17   Q.   If he did say that, would it concern you?
    18        A.  Yes, because he has a lawyer.  He was under specific
    19        instructions from his lawyer as to what is proper and what
    20        is not proper, and I would doubt very much he had ever said
         that.  If he had, they would have filed objections to the
    22        election over that conduct and would have had -- the union
    23        would have had the right to be certified.  That never came
    24        up, never came up.
    25
    26        There was never any allegation before or after the election
    27        that there was anything improper about crew meetings prior
    28        to the election, never.
    29
    30   Q.   We are talking about what happened, Mr. Stein, not what
    31        allegations were made afterwards.
    32        A.  I do not think you know what happened.
    33
    34   MR. MORRIS:  We have evidence.
    35
    36   MS. STEEL:  We have a witness.
    37
    38   MR. JUSTICE BELL:  We are going to come to that.
    39
    40   MR. MORRIS:  I think Mr. Stein should be informed that this is
         evidence in the case.
    42
    43   THE WITNESS:  Evidence?
    44
    45   MR. JUSTICE BELL:  He should not.  In fact, it is wrong to say
    46        to a witness what someone is going to say in the future or
    47        what is in some witness's statement which may be called in
    48        the future.  I have not taken that point against you
    49        because I appreciate you are representing yourselves and
    50        you find it easier to do it that way.  But the proper way 
    51        to do it is not to refer to the statement of a witness or 
    52        evidence which may come in the future, but just put the 
    53        factual situation which you hope to prove by evidence in
    54        due course.
    55
    56   MS. STEEL:   Can I just ask, given that this is a Civil Evidence
    57        Act statement, although we do intend to call her, in
    58        theory, is it not part of the evidence anyway and could we
    59        not ask for it to be read out?
    60