Day 142 - 26 Jun 95 - Page 19
1 A. Because often times there have never been any issues
2 that would give rise to it, and there are routine matters
3 that they could pick up on their own or by doing their own
4 work -- that is why.
5
6 Q. So, basically, the position is you see it as a problem if
7 the workers wants to join a union --
8 A. No.
9
10 Q. -- and you then advise them to get some counsel to deal
11 with the problem?
12 A. No, I think I understand your question. One of the
13 first things, whenever there is a opening in a new country,
14 we advise the owner/operator to seek legal counsel right
15 from the start, so that he can make sure or she can make
16 sure that their practices and policies and legal
17 requirements are fully satisfied. So, generally speaking,
18 we advise them to do that ahead of time, and to move
19 forward in that fashion.
20
21 Q. But unless it is a legal requirement for workers to be in a
22 trade union, you basically would advise them to do what
23 they could do to avoid getting into any kind of
24 negotiations?
25 A. Not true at all. We tell them to respect the wishes of
26 their employees, that this is an employee matter, that
27 employees should express themselves one way or the other.
28 This is for the employees to decide, not for McDonald's to
29 decide, or the unions to decide. It is for the employees.
30
31 Q. But if employees do decide that they want to join a union
32 and want to be represented by a union, you would still
33 advise the franchisee or operator to get in legal counsel
34 rather than just saying: "Right, then, we will take you on
35 board; we will negotiate with the union that you want to
36 represent you"?
37 A. There are three or four different statements and
38 questions in there.
39
40 MR. JUSTICE BELL: Yes, break it down a bit.
41 A. I would be happy to make a general comment, my
42 Lord ---
43
44 Q. Yes, make a general comment.
45 A. -- but I do not want to be held responsible for
46 answering one thing and not answering something else. If
47 the employees wish to be represented by the union, then
48 that is their wishes and we should comply with their
49 wishes. There are all sorts of requirements, legal
50 requirements, other requirements, that have to be fulfilled
51 and whatever advice I would give in that context would be
52 to make sure that it is being done properly.
53
54 MS. STEEL: Right, but where it is not like a legal requirement
55 one way or the other, whether you should represent unions
56 or you should not represent them, you could negotiate with
57 unions as a matter of policy?
58 A. We respect the wishes of our employees and we go along
59 with what they would want. That would be our general
60 policy. I am not -- I do not really know where you are
