Day 139 - 21 Jun 95 - Page 12
1 A. Yes. There are franchises there, but there are also 10
2 company stores.
3
4 Q. So how many McDonald's stores as a whole in Puerto Rico?
5 A. I believe around 60.
6
7 Q. And you have had no labour relations problems there since
8 then?
9 A. None whatsoever.
10
11 Q. So, that was just an example. Yesterday, you said that the
12 effective contracts you have between you and your staff is
13 not just the Handbook; it is also the oral relationship,
14 promises, agreements, expectations, whatever. So that
15 would apply also, would it not, to the McDonald's family?
16 You have just said that you have a culture which permeates
17 throughout the McDonald's system. So you would accept that
18 that culture provides an environment within which there are
19 obligations, effectively, whether they are always written
20 down or not?
21 A. I think that the franchising area is very specific
22 according to the licence agreement. My testimony had to do
23 with the employment area and how we deal with employment.
24
25 Q. If a licensee, or a joint venture partner, or a store, a
26 McDonald's store, or group of stores, have to abide by the
27 policies and standards of the Corporation, are you saying
28 they only have to abide by them if they are written down
29 and specified?
30 A. You are asking me now to get into contractual law. You
31 are asking me to get into franchising law. I am not an
32 expert in that area. I do not know that area. I do not
33 deal with that area. I do not let that area affect what
34 I do in the Human Resources area. You are going far
35 afield. You are asking me to interpret respective rights
36 and privileges under a licence agreement; and I am not
37 trying to be difficult with you, I am just trying to
38 suggest that you need to stay within the employment ground,
39 because I do not know beyond that, with any great
40 expertise. I do not deal with that.
41
42 Q. But you said that the relationship between the
43 Corporation -----
44
45 MR. JUSTICE BELL: I am going to stop you asking general
46 questions on this now. I want you to go on with the
47 specific parts of your cross-examination, and if you come
48 to a stage in relation to any particular point where
49 Mr. Stein says anything which could be interpreted as
50 meaning, "Well, that was the franchisee, joint venture
51 partner's responsibility, not McDonald's Corporation", then
52 you can challenge him or ask him further questions about
53 what you suggest McDonald's Corporation could have done.
54 But I think, quite frankly, for the last 20 minutes, we
55 have just been going round in circles for lack of precise
56 factual background to your questions. So you must stop
57 asking general questions on this now. Bring it up,
58 providing it is relevant to any particular situation,
59 unless you come towards the end of your cross-examination.
60 Then, if you want to come back to it, in the light of the
