Day 117 - 27 Apr 95 - Page 10

     
     1        to close the restaurant down.  He is there between the
     2        hours of 7.00 and 11.00.
     3
     4   Q.   But there are some that are open 24 hours, are there?
     5        A.  There are some restaurants open 24 hours a day.
     6
     7   MR. JUSTICE BELL:  What is the earliest they open if they shut
     8        during the night?  What is the earliest they open  for
     9        people who might come in for breakfast, for instance?
    10        A.  It is my belief that now all restaurants are on a
    11        breakfast programme.  They did not have to.
    12
    13   Q.   Yes, but would they open before 7.00 for that?
    14        A.  7.00 would be the normal opening time for breakfast.
    15
    16   MR. RAMPTON:  Then it says (under premium rate still):
    17        "Additionally, this rate" -- the premium rate -- " will
    18        also apply between midnight on Saturday to midnight on
    19        Sunday for fully flexible crew who normally work over 35
    20        hours per week"?
         A.  That is right.
    22
    23   Q.   I can understand all of that, Mr. Nicholson.  I am sure we
    24        all can, except for the phrase "fully flexible crew"; what
    25        does that describe, what category of crew member?
    26        A.  Well, that is a crew member who is prepared to work any
    27        hours that he is asked to work.
    28
    29   Q.   "The current hourly rates", it says, "applicable in your
    30        store are available from your Restaurant Manager".  Then it
    31        says:  "Because enhanced rates of pay are made for varying
    32        shifts, the overtime rates specified by the unLicensed
    33        Place of Refreshment Wages Council in Form UPR 80 are not
    34        normally applicable.  However, if you believe you may be
    35        entitled to overtime payments, you should speak to your
    36        Restaurant Manager."
    37
    38        Can you just explain for us, Mr. Nicholson, what the
    39        position of overtime in its strict sense is within
    40        McDonald's?
         A.  In the strict sense we do not pay overtime.
    42
    43   Q.   To the hourly paid?
    44        A.  To the hourly paid workers.  The only people to whom we
    45        would pay overtime are Head Office, secretarial and
    46        reception staff who work outside the normal office hours.
    47
    48   Q.   Then, please, turn to page 136 in this tab which,
    49        I hope -----
    50 
    51   MR. JUSTICE BELL:  Can I make sure I understand that, 
    52        Mr. Rampton?  That means if you work more than 39 hours a 
    53        week as an hourly paid worker, you get regular evening or a
    54        premium rate, according to when you are working, but once
    55        you get into the 40th hour you do not get time and a
    56        quarter or time and a half?
    57        A.  No, that is correct.
    58
    59   Q.   You get the same rate appropriate to what time of the day
    60        or night it is?