Day 145 - 29 Jun 95 - Page 32

     
     1   Q.   I understand that.
     2        A.  -- and -- let me finish -- the union in Canada was
     3        asking for automatic certification.
     4
     5   MR. JUSTICE BELL:  I do not want you to go back into the
     6        circumstances.
     7
     8   MR. RAMPTON:  My Lord, it is hardly Mr. Stein's fault.
     9
    10   MR. JUSTICE BELL:  I know it is not.
    11
    12   MR. MORRIS:  The fact that -----
    13
    14   MR. JUSTICE BELL:  I am expressing a view as to what I want and
    15        do not want at this stage.  It is not a criticism of you.
    16
    17   THE WITNESS:  My Lord, the problem I have is that he opens it up
    18        and -----
    19
    20   MR. MORRIS:  The fact that the allegations allegedly made
         against the union in the dispute involving McDonald's and
    22        McDonald's workers were dropped when an agreement was
    23        made  ---
    24        A.  That is correct.
    25
    26   Q.   -- was come to, does that show there was no merit in the
    27        allegations?
    28        A.  In my opinion, it does.  As to the union's
    29        desire  -----
    30
    31   Q.   No merit in the allegations made against the union?
    32        A.  No, because the employees were getting exactly what
    33        they would have gotten had they gone all way to a complete
    34        hearing.  They are getting everything they would have
    35        gotten.  The union was the one who was not getting what
    36        they wanted.  There is a big difference, sir.
    37
    38   MR. JUSTICE BELL:  Leave it there, Mr. Morris.  We have had a
    39        lot of information about it and you have a witnesses of
    40        your own.
    41
    42   MR. MORRIS:  The point is, it is not evidence, is it, of any
    43        kind of -- I am talking about a general point here -----
    44
    45   MR. JUSTICE BELL:  I will accept that if the parties reach an
    46        accommodation, that in itself is not evidence of that one
    47        side has been right and the other side has been wrong.
    48        There may be cases (and one would have to look at the
    49        circumstances) where it does show that one side has been
    50        right and one has been wrong because the accommodation 
    51        amounts to one party accepting everything which the other 
    52        party has asked for, but one has to look into the 
    53        particular circumstances.
    54
    55   MR. MORRIS:  I just think that I was trying to get the witness
    56        to make an agreement, that there has been a theme
    57        throughout McDonald's witness statements that if an action
    58        was not taken by a union, therefore, there could not have
    59        been any breach of regulations ---
    60