Day 140 - 22 Jun 95 - Page 14

     
     1   MR. MORRIS:  I have to say that, otherwise nobody knows what we
     2        looked at.
     3
     4   MR. JUSTICE BELL:  You have given the reference.
     5
     6   MR. MORRIS:  If we look at the next page, we have a reply two
     7        days later.
     8        A.  I can hardly read this.
     9
    10   Q.   I cannot read it very well, either.  It basically says that
    11        by April 4th 1973, McDonald's had made a decision that: "No
    12        further use of the polygraph tests will be permitted in any
    13        of our restaurants in California or elsewhere."
    14
    15        Then at the second paragraph, it says:
    16
    17        "We remain convinced that McDonald's previous use of this
    18        technique was employed with regard to the integrity of our
    19        crew men and women and in careful conformity with statutory
    20        requirements.  However, other business considerations have
         persuaded us to discontinue using the polygraph" --
    22        I cannot read that word -- "even in those special
    23        circumstances, we will...."
    24
    25   MR. JUSTICE BELL:  We can summarise it, can we not:  McDonald's
    26        are undertaking to the Senior Deputy Labour Commissioner
    27        not to use polygraph testing in their restaurants in
    28        California (paragraph 1).   Paragraph 2, they seek to
    29        justify its use in the past.
    30        A.  OK.
    31
    32   Q.   Is that not what it is?
    33        A.  Again, my Lord -----
    34
    35   Q.   That is what it says, as we can see if we read it.
    36        A.  OK.
    37
    38   MR. MORRIS:  So what McDonald's told to the Senior Deputy Labour
    39        Commissioner, Brian Seal, on April 4th 1973, about "the
    40        previous use of the technique employed with regard for the
         integrity for our crew men and women", is diametrically an
    42        opposite view to what John Cook, the Head of Human
    43        Resources, had said in his memo of February 6th 1973?
    44
    45   MR. RAMPTON:  My Lord, again, that is very fair comment, if it
    46        be right.  It may not be.  I do not really see how it can
    47        give rise to a question of Mr. Stein, who was not even
    48        there at the time.  I really do ask Mr. Morris to stick to
    49        the questions which Mr. Stein can answer as evidence in the
    50        case. 
    51 
    52   MR. MORRIS:  Do you know what the "other business 
    53        considerations" were?
    54        A.  No, sir, I do not.
    55
    56   MR. MORRIS:   OK.  We will leave that, then.  I want to sit down
    57        and think about what to do next.
    58
    59   MR. JUSTICE BELL:  Yes.
    60