Day 002 - 29 Jun 94 - Page 25

     
     1        pleaded in our case that there has been a history of
              disputes and attempts to organise workers, attempting to
     2        organise in Germany trade unions and workers councils
              which are actually compulsory under the law in Germany,
     3        that each workplace above a certain size (which McDonald's
              fits into) must allow elections for works councils.  We
     4        have pleaded a substantial pleading on those matters.
 
     5        The total number of documents relating to that have been
              disclosed after 12 applications and detailed requests for
     6        specific documents, again minutes of corporate meetings,
              relations with trade unions which they have now recognised
     7        in Germany, NGG union is now recognised in Germany by the
              McDonald's Corporation to negotiate on behalf of
     8        McDonald's employees; they claim they have not got one
              single document of relevance because we say they were
     9        hostile to trade unions.  They say:  "Oh, well, the
              workers did not want trade unions" but out of the goodness
    10        of their heart they decided to negotiate with the NGG
              union.
    11
              It was only the laws of the land and the strength of the
    12        trade union movement in Germany that made McDonald's
              accept an agreement.  So discovery is very important; they
    13        know all the information about their business practices.
              Those documents are the evidence that should be in the
    14        court during this trial.  Under the counterclaim they are
              now under an obligation to bring those documents to court.
    15
              Just one further point on this, that because of our
    16        continual determination to push for documents, and they
              have stated on oath that they do not have relevant
    17        documents, the court has decided that their executives,
              their head of global marketing, Ray Cesca, and their
    18        labour chiefs in the UK and USA should make sworn
              statements about the lack of documents they have
    19        disclosed, whether they have existed.  But that will not
              be until after the summer recess, so we have no way of
    20        knowing if they are going to admit that they do, in fact,
              have documents until after August.
    21
              So it puts us at a disadvantage in terms of
    22        cross-examination about discovery until after the August
              break in the trial.
    23
              I propose to start going through the fact sheet, as
    24        Mr. Rampton did yesterday.  Please bear with me because
              this is quite difficult for us.  Mr. Rampton is very well
    25        experienced in this kind of thing, but we have not had
              that much time to prepare -- I was up to the middle of the 
    26        night last night doing this, so ..... 
  
    27        If I can get a copy of their:  "What's wrong with
              McDonald's" -- just before I go through it line by line,
    28        it is important to say, it must be borne in mind, we did
              not write or print this fact sheet, although we endorse
    29        the views in it.  Some of it comes down to
              interpretation.  We can only guess what the person wrote
    30        it very specifically intended.  I myself was concentrating
              in London Greenpeace on other activities most of the time