Day 144 - 28 Jun 95 - Page 33

     
     1        not common ground in that it has been accepted by
     2        Mr. Rampton on behalf of his clients, whether by formal
     3        admission or otherwise, just put the facts as you hope, may
     4        be expect, to establish them and then ask your question.
     5        Do not attribute it to a particular witness.
     6
     7   MS. STEEL (To the witness):  So, in any event, it would concern
     8        you if at a crew meeting the night before the vote on
     9        unions management promised that working conditions would
    10        not go back to the way they used to be if the crew voted
    11        against the union?
    12        A.  If there were promises of something because of the
    13        union, it would concern me.
    14
    15   Q.   Right.  Would it concern you if at the crew meeting
    16        management had a slide show with the theme of "just say no"
    17        regarding unions?
    18        A.  I do not know what you are talking about.  Slide shows,
    19        skits, those are frequent happenings at crew meetings.
    20        I am not aware of anything of "just say no" at the crew
         meeting at all.
    22
    23   MR. JUSTICE BELL:  As I understand the position, advocacy is not
    24        banned?
    25        A.  That is correct, my Lord.
    26
    27   Q.   The franchisee employer can use advocacy, the union can use
    28        advocacy?
    29        A.  That is correct.
    30
    31   Q.   What the employer cannot do is threaten something to the
    32        crew's detriment or promise something to the crew's
    33        advantage with a view to persuading crew to vote against
    34        the union?
    35        A.  That is correct, my Lord.
    36
    37   Q.   What the employer and franchisee cannot do further is
    38        enquire into the crew's relationship, if any, with the
    39        union?
    40        A.  That is correct, my Lord.  All of that would be unfair
         labour practice.
    42
    43   Q.   That is all beyond the pale?
    44        A.  Excuse me, my Lord?
    45
    46   Q.   That is all beyond the pale, that is not allowed?
    47        A.  That is correct.  There would be findings of unfair
    48        labour practices.  In Canada, if those things had happened,
    49        my Lord, the union would have right to petition for
    50        automatic certification. 
    51 
    52   MS. STEEL:   Did you go to Canada during this dispute? 
    53        A.  I was in Toronto on a couple of occasions during that
    54        entire time period.
    55
    56   Q.   For the purposes of discussing this matter?
    57        A.  I did discuss the matter on two occasions, but the
    58        purpose was more than just this matter.
    59
    60   Q.   Did you speak to Mr. Valentine?