Day 145 - 29 Jun 95 - Page 31

     
     1        witness must be allowed to answer it.
     2
     3   MR. MORRIS:  Then I am saying that, to be honest, he is going to
     4        be here tomorrow.  We will try to finish up, if he tries to
     5        deal with spirit of my question.
     6
     7   MR. JUSTICE BELL:  You can make your answer quite short.
     8        A.  It can be quite short, my Lord, and that is the
     9        employees made allegations.  They wanted from the start, as
    10        well Mr. Valentine wanted from the start, an election.
    11        That is what they were seeking from the first day of
    12        hearing.  When the union finally agreed to give them an
    13        election, they said:  "Fine, anything that we have alleged
    14        we are willing to drop because we are finally going to get
    15        what we wanted".
    16
    17   MR. MORRIS:  You, of course, did not speak to any of those
    18        employees, did you?
    19        A.  No, I did not.
    20
    Q.   So you do not know with any personal experience and you
    22        cannot give evidence about what they thought and reasons
    23        for their actions, can you?
    24
    25   MR. JUSTICE BELL:  Let us just take stock a moment.
    26
    27   MR. MORRIS:  I am just asking a simple question.
    28
    29   MR. JUSTICE BELL:  Just listen.  Mr. Stein has only volunteered
    30        what he has been told because he was invited to yesterday,
    31        or whenever it was, and we have now gone back to it.
    32
    33   MR. MORRIS:  I am only trying to get a point that is a general
    34        point, use that as an example, that when
    35        allegations  ------
    36
    37   MR. JUSTICE BELL:  It has been accepted.  Your point has been
    38        accepted, that if proceedings are started and the parties
    39        reach an accommodation which would appear to be of mutual
    40        benefit and will, to use a favourite phrase of yours, move
         things forward, then that is all right by the Board or
    42        the  -----
    43        A.  Unless there is some evidence to the contrary that says
    44         ------
    45
    46   Q.   Yes, or there is some large matter of public policy which
    47        outweighs it, no doubt.
    48        A.  Correct my Lord.
    49
    50   MR. MORRIS:  That is quite normal practice, for the NLRB to try 
    51        to reach agreement rather than throw around, you know, 
    52        legal judgments? 
    53        A.  They want to move things ahead if in fact -- and the
    54        best way they think to resolve a matter is by having an
    55        election take place.
    56
    57   Q.   Or an agreement whatever the argument or dispute was?
    58        A.  But in Canada -- if I can for a second -- Canada is a
    59        different situation ---
    60