Day 301 - 15 Nov 96 - Page 39


     
     1
     2        That is where trade unions are their bread and butter, is
     3        to ensure good basic rates for their members and to
     4        negotiate to that effect.  I think Mr. Nicholson is
     5        recognising there that pay would be an issue that he would
     6        rather not deal with trade unions about.
     7
     8        He said that if the majority of the staff of a restaurant
     9        had an election and voted to be represented by a trade
    10        union, then they would be represented by a trade union, it
    11        has never occurred.  That was 116, page 34, line 24.
    12        This is an interesting reflection, because people do have a
    13        right to elect shop stewards and have their own
    14        organisation representation at work, at the lowest level of
    15        shifts or shop and quite a number of industries have that
    16        set-up.
    17
    18   MR. JUSTICE BELL:   When you say they have a right, where does
    19        the right come from?
    20
    21   MR. MORRIS:   The right comes from their ability to force the
    22        management or the company or whatever to recognise it.
    23        What I am saying is that trade unionism is not just about
    24        having national officials who negotiate with the company on
    25        a national level; it is about the very basic shift
    26        representation and ability to organise and communicate, not
    27        only within one work place, but also within shifts, and
    28        quite a number of industries have that kind of system.
    29        Obviously, the general drift of the last 10 years is to
    30        kind of smash the trade unions in this country, and that
    31        battle will continue.
    32
    33   MR. JUSTICE BELL:   Do not ----
    34
    35   MR. MORRIS:   But no thanks to the government or anybody    else
    36        -----
    37
    38   MR. JUSTICE BELL:  No, I cannot have that.  Stay out of
    39        politics, with a big P.  I know there are some matters
    40        which are bound to go into politics with a small one.   But
    41         -----
    42
    43   MR. MORRIS:   What I am trying to say is that trade unionism is
    44        not some kind of everybody else sits down and you all work
    45        it out together.  This is a real -- it is a conflict that
    46        happens in the work place.  And I think Mr. Pearson
    47        discussed this, where it is not as simple as -- well,
    48        anyway.
    49
    50        All I am saying is that he is recognising there,
    51        Mr. Nicholson, that people should have that right to be
    52        represented at the shop level.  Later, Mr. Preston got into
    53        that sort of like conundrum as well, when he started to
    54        recognise that and he talked about a national -----
    55
    56   MR. JUSTICE BELL:   It is a bit of a conundrum, because even
    57        your own witnesses said there is a big problem with
    58        unionisation anyway, because of the nature of the workforce
    59        and the turnover.  You say McDonald's have put all sorts of
    60        obstacles in the way, but what I got out of your two

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