Times-Advocate, 1978-07-27, Page 25Labor board gives consent to UAW
to prosecute Fleck, Riddell, policeman
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Times-Advocate, July 27, 1978
The United Auto Workers
union announced Thursday it
will prosecute Fleck
Manufacturing Ltd. of
Huron Park, its vice-
president, a member of the
Ontario legislature and a
provincial policeman for
alleged breaches of the On
tario Labor Relations Act.
The three individuals are
Fleck vice-president Grant
Turner, Huron-Middlesex
MPP Jack Riddell and
Constable William McIntyre
of the Ontario Provincial
Police at Exeter.
The announcement came
within hours of release by
the Ontario Labor Relations
Board of a 2-1 decision gran
ting the union consent to
prosecute in court.
The majority board deci
sion by vice-chairman M.G.
Picher and board member
Oliver
followed
Toronto
released
lawyers
affected.
The board decision said
there was enough evidence
to indicate Fleck did not
bargain in good faith with
the union.
In addition, the board con
cluded that evidence also in
dicated Fleck and its vice-
president may have breach
ed sections of the labor
relations act prohibiting in
terference with the forma
tion of a union and intimida
tion of its employees to keep
them Jrom becoming union
members.
There was unanimous
agreement by the board that
evidence was sufficient to
grant consent to prosecute
Riddell and McIntyre for
their involvement in the
bitter strike at the plant.
An application by the un
ion for consent to prosecute
two other Exeter OPP of
ficers, Cpl. William Freeth
and Sgt. Ray Glover, was
denied by the board.
In the case of the com
pany, which has been em
broiled in the controversial
strike by about 100 female
employees since March 6,
the board concluded
evidence established a
“deliberate and concerted
attempt” to interfere with
union representation by the
employees.
In the eyes of criminal
court, said the board,
such action could “be
seen as reflective of an in
tention to destroy” the un
ion.
Board member P.N.
Murray dissented only on
the issue of bargaining. He
argued that the evidence
presented at the hearings
fell short of establishing a
case that Fleck breached a
section of the act and did not
bargain in good faith.
In a three-page dissenting
opinion, Murray said
evidence of bad-faith
bargaining implicated the
union, which he said “had
failed to make any com
promise from its original
demands on union security
during the whole of the
collective bargaining
process.”
The board ruled that there
was evidence to prosecute
the company, Turner and
McIntyre for threatening
and intimidating employees
and interfering with the ex
ercise of their rights, and to
prosecute Riddell for in-
Hodges, which
public hearings in
last month, was
Thursday only to
representing the
parties.
THUMB'S UP — Umpire Jim Pfaff gives the thumb's up sign
to a Watford player as he is tagged out at home by Rod Dob
son in Saturday's action in the local pee wee tournament.
Despite Exeter's efforts at stopping' this run, they couldn't con
tain Watford and lost out in the semi-final. Staff photo
4
terfering with the rights of
employees.
In its decision, the board
said the main evidence
against the company and its
vice-president was to be
found in two lunchroom
meetings at the plant March
3, the last work day before
the strike began.
About 90 employees were
told by management to stop
work and were ordered into
the lunchroom to be ad
dressed by Turner and
McIntyre.
Turner introduced McIn
tyre and Freeth “with the
comment that he thought it
was ‘high time to bring in
the Ontario Provincial
Police to clear the air’ in the
light of intimidation” among
the employees, the board
said.
McIntyre admitted in
evidence that he read from
sections of the Criminal
Code which outlined what is
unlawful during a labor
strike and what steps an
employer was prohibited
from carrying out during a
strike.
McIntyre omitted,
however, “the section of the
Criminal Code which
provides that employees
may lawfully engage in
peaceful picketing for the
purpose of conveying infor
mation.”
After McIntyre and
Freeth left the meeting,
Turner spoke to the
workers, telling them “he
had made a commitment to
employees that they would
never be required to pay un
ion dues and that he would
never'concede on the issue
of union security,” the board
said.
Turner also was cited for
remarked introduced as
evidence that he could not
guarantee the jobs of
strikers would be there after
the strike.
Viewed in that context,
said the board, the evidence
could be shown to be of a
threatening and in
timidating nature in which
Turner “unlawfully in
terfered with the exercise of
(employee) rights.”
The board turned aside an
argument by Riddell’s
lawyer, James Bullbrook,
that it had no jurisdiction in
volving the MPP and that
Riddell was, in effect,
mune from prosecution.
Riddell is a citizen
could take sides in the
pute, the board ruled,
“the freedom of expression
enjoyed by members of the
im-
and
dis-
but
legislature outside the house
is not absolute."
Evidence presented at the
hearing showed the MPP
made remarks during a CBC
radio interview that could be
interpreted as anti-union.
The board also referred to
statements attributed to
Riddell and printed in The
London Free Press on
March 15 that the UAW had
used devious methods and
threats to get workers at the
Fleck plant to go on strike as
indicative of interfering
with employees’ rights.
Bullbrook, a former MPP
for Sarnia riding, said he
was “surprised” by the
•II
: EXETER BILLIAPn
Twenty-five members of
the over 90 club attended the
annual picnic at the Conser-
vation Park, Clinton,
Wednesday afternoon. The
Walkerburn Club
volunteers, Mrs. Pat Hunk-
ing, Ila Cunningham, Kay
Lapp and Eileen
McClinchey, assisted with
activities. Three junior
volunteers, Joy McClinchey,
Julie and Debbie Cun
ningham, were in charge of
the contests and the Huron-
view Orchestra entertained
with Old Tyme and sacred
music.
Several residents enjoyed
the Scottish concert in Clin
ton Saturday evening. Many
thanks to the Murphy Bus
'Lines who donated the
transportation.
Dick Roorda led the Chris
tian Reformed Sunday even
ing song service accom
panied by Margaret
McQueen, with vocal
numbers by Mrs. Bylsma.
The residents were enter
tained on Family Night with
a concert by the Bob
Heywood orchestra of Ex
eter. The concert was held
on the front lawn and was
appreciated by all the
residents. Bob plays the ac
cordion and sings many of
the sacred and favourite
songs. The other two
members of the group are
Calvin Horner on guitar and
Jeff Rooth on drums.
Several residents have
been enjoying the plays at
the Huron County
Playhouse, Grand Bend.
strongest man contest,
L a camlaaa I match
can^starta <
WATCH THE ACTION — A large crowd was on hand to see the
Saturday. They gave contestants a round of applause, appreciating their efforts on a humid
day that was hardly designed for strenuous work. Staff photo
A HARD LIFT — Darryl Sweitzer, one of the younger contestants in the strong man contest at
Exeter sidewalk days, attempts to lift 80 lbs. The 10-year-old didn't make the 80 lb. lift but
was successful with 60 lbs.
Thieves still hitting
Exeter residents
Exeter police are in
vestigating a rash of thefts
which occurred this week.
Glen Fisher, 64 Gidley St.
reported that a hammock
with an aluminum frame
and green pillows and cover
was stolen from his back
yard last Wednesday even
ing.
Donald Cook, Goderich,
reported Friday that his
motor vehicle had been
entered and a box of stereo
tapes had been stolen. The
vehicle was parked at the
rear of the Victoria and
Grey Trust Co. The tapes
were recovered hidden in
the bushes at the rear of the
lot.
Carl Triebner of McLeans
Automotive reported Satur
day that a customer left the
store after purchasing some
merchandise without paying
for it. The person is describ
ed as 6’4” with long dark red
hair, and glasses. Weighing
about 180 lbs., he drove a
1974 red challenger with
mag wheels.
Eldon Heywood of the Ex
eter Legion reported Mon
day the Legion had been
broken into between Sunday
evening and Monday mor-
,ning. The intruder(s) pried
open the shuffle board box
and removed money from
the coin container. In addi
tion, the door leading to the
bar was pried open and a
quantity of cigarettes,
money and liquor was
stolen.
Police are asking
residence to be alert for any
suspicious persons or
vehicles in the area. Over
the past two weeks a quanti
ty of lawn furnishings have
been reported stolen.
On Thursday about 10:40
p.m., the front window of
Penny Farthing 407 Majn St.
was broken. The large plate
glass window on the north
side of the premises was
also broken. Cost of the win
dow was estimated at $100.
A vehicle driven by H.
Campbell Robinson, London,
was involved in a collision
with a vehicle driven by
Robert Feltz,, Ailsa Craig
on Main St. Damage was es
timated at $500 with no in
juries.
Another Friday collision
on Main St. occurred when a
vehicle driven by John
Ducharme, Dashwood, was
in a collision with a vehicle
driven by William Peat, Ex
eter. There were no injuries
with damage set at $400.
A Seaforth man appeared
in court Tuesday and it was
learned that he was driving
under suspension. This per
son left the court and got
into his vehicle and drove a
short distance before being
apprehended by Constable
Short. He has been charged
with driving while under
suspension and his vehicle
was seized by the officer.
Exeter police
Thanks!
Thanks to all those citizens whose support of the
Flowers of Hope campaign made it an unqualified
success. A goal of $10,000 was set and you sur
passed it by $1,000 and exceeded last year's total
by $2,500.
And thanks to Donna Greb and her army of
volunteer canvassers whose wonderful efforts made
such a valuable contribution.
This endorsation of our work on your behalf has
given us new enthusiasm and the means to help the
mentally handicapped live in a state of dignity,
share more fully in the community and to participate
effectively. ,
To those of you who were missed we solicit your
support for our expanding programs at ARC, the
two residences and the nursery. Contributions may
be mailed to the Association office, Box 29
Dashwood.
SH&D Association for
the Mentally Retarded
Bob Southed), president
Don Campbell, executive-director
CENTRAL AIR
CONDITIONING
for Trailers, Recreational Vehicles
and Modular Homes see
board decision.
He said he will be studying
two options — either defen
ding the case on its merits
or going to the Ontario
Supreme Court for a ruling
quashing the labor relations
board decision on the basis
of lack of jurisdiction.
Riddell’s case was “clear
ly defensible” on its merits,
Bullbrook said in an inter
view, since Riddell was ac
ting solely as the MPP for
Huron-Middlesex riding in
which the Fleck plant is
situated.
Last month a legislature
committee voted to uphold
Riddell’s complaint that the
UAW had breached his
privilege as an MPP,
primarily by naming him as
a respondent in the action
and through its notice of in
tent to sue the MPP for libel
and slander.
The UAW statement
issued Thursday afternoon
said it had advised its
lawyers to “proceed as
quickly as possible” to
prosecute Fleck and the
three individuals.
MAX’S TV & APPLIANCES
REFRIGERATION SALES & SERVICE
GRAND BEND 238-2493
EXETER
SCOTT'S
LEATHER & TACK SHOP
120 Sanders St. W. Exeter, Ont.
Phone 235-0694
creasing patrols with
regards to persons squealing
tires and making un
necessary noise with their
vehicles. The fine for
offence is $78.
Complete Line of Western Saddlery
Bridles, Halters, Bits, Pads, Blankets,
Girths,
HORSE HEALTH CENTRE
-Fly Wipe, Shampoo, Absorbine Etc.
-Lee Jeans & Jackets
-Western Boots, Hats, Belts & Shirts
-Hand Crafted Leather Goods
SUMMER
ICE SKATING
FREE'PUBLIC
ICE SKATING
Sun., July 30th
1 -3 p.m.
RIDING THE WIND — Debbie Stewart of the Grand Bend
wind surfing club displayed the new sport to spectators at the
annual Parkhill canoe regatta, Sunday. Windsurfers are able
to reach speeds of 25 mph. T-A photo
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HARD WORK — John Coolman, RR 1 Centralia, shows the strain of winning the strongest
man title on Saturday in the senior division. The legs belong to Kevin Short who supervised the
event. Coalman won with a lift of 275 pounds. Staff photo
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