Day 122 - 05 May 95 - Page 30

     
     1   THE WITNESS:  And I cannot help because the situation has
     2        changed.
     3
     4   MR. MORRIS:  Do you remember the introduction by McDonald's of
     5        unpaid breaks as opposed to paid breaks?  I have seen a
     6        paper on it.
     7        A.  Yes, I think it was Carmel Flatley signed that.  You
     8        drew to my attention some time ago.
     9
    10   MR. JUSTICE BELL:  You gave evidence about it yesterday.  Are
    11        you asking him about the date, Mr. Morris?
    12
    13   MR. MORRIS:  Yes, if we have the date.
    14
    15   THE WITNESS:  You directed me to it; I am sure you did.
    16
    17   MR. MORRIS:  Yes, I cannot remember where it was.  It was a memo
    18        which said that staff could choose; the ones that were
    19        already getting paid breaks could choose ---
    20        A.  Yes, something about 10p an hour or something.
    21
    22   Q.   -- being compensated by 10p but the new staff would be
    23        unpaid for their breaks?
    24        A.  I do not know.  As I say, that is Carmel Flatley's
    25        time.  I cannot help you.
    26
    27   MR. JUSTICE BELL:  You do not have to ask Mr. Nicholson about
    28        it; just make sure it is brought to my attention again in
    29        due course.  I have it in my note somewhere.
    30
    31   MR. MORRIS:  In any event, when you introduce something like
    32        that, if you remember that memo or that situation, that the
    33        people that were already on paid breaks, if they went on to
    34        unpaid breaks, they would be compensated by 10p an hour or
    35        something?
    36        A.  Yes, I cannot remember the -- yes, I think I told you
    37        at the time I had not seen the memo before.
    38
    39   Q.   All I am saying is that, whether it was 10p or whatever the
    40        situation was, there was some compensation for those that
         were already on paid breaks ---
    42        A.  Yes.
    43
    44   Q.   -- but new people that came in would not be compensated, or
    45        they would start at that unpaid break ---
    46        A.  That would be the proper way to handle it.
    47
    48   Q.   Yes, so is that the same basic technique as you were
    49        employing before as a company which is, to avoid a dispute,
    50        you paid people off that were already on the higher rates? 
    51        A.  No, I have never known that happen. 
    52 
    53   Q.   But the new people that came in, or you phased the
    54        introduction of it in so that the people would not be able
    55        to challenge it, crew members would not be able to
    56        challenge it, collectively?
    57        A.  No, I think if you are going to change conditions of
    58        service, you have to change it in a way which does not
    59        reduce the current workforce standard.
    60