Day 143 - 27 Jun 95 - Page 19

     
     1   MR. MORRIS:  We are just checking if there are any more
     2        questions on this particular issue.
     3
     4   MR. JUSTICE BELL:  It is quarter to 12, Mr. Morris, so we will
     5        take the five-minute break now.
     6
     7                       (Short Adjournment)
     8
     9   MS. STEEL:   Could you get down pink volume XIV, please?
    10        A.  I have it.
    11
    12   Q.   If you turn to tab 73?
    13        A.  Yes.
    14
    15   Q.   This is the decision and order of the National Labour
    16        Relations Board in relation to the dispute in Chicago
    17        between McDonald's and employees who wanted to join a
    18        union.  I cannot remember what year this was.
    19        A.  It stated at the end of it April 12th, it looks like
    20        1978.  To my recollection, that would be the time.
    21
    22   Q.   I presume you have read this before?
    23        A.  Oh, a long, long time ago.
    24
    25   Q.   In your opinion, was it like a fair summary?
    26        A.  You are asking me to recall something I read many, many
    27        years ago.  I do not recall anything unusual about it.
    28
    29   Q.   This was an argument, was it not, about whether managers at
    30        a particular store were in charge of employment practices
    31        or whether it was more centrally controlled; is that right?
    32        A.  By the owner/operator?
    33
    34   Q.   Yes.
    35        A.  Yes.
    36
    37   Q.   And they found that although certain things were controlled
    38        by the local manager, some things were controlled by the
    39        owner/operator or -----
    40        A.  The Area Supervisors underneath the owner/operator.
    41
    42   Q.   There is a section about the powers of the local Manager or
    43        their powers and responsibilities?
    44        A.  Yes.
    45
    46   Q.   On the bottom of the second page, which is page 1405, it
    47        says -- the bottom paragraph, sorry -- "Local store
    48        managers and their assistants do not have discretion in the
    49        day-to-day operations of their restaurants because the
    50        detailed manuals, procedures and guidelines which are 
    51        provided to them set forth exactly what is to be done." 
    52        Then:  "The employer testified that the procedures 
    53        contained in these documents provide for uniformity of
    54        operations and ensures that managers and equipment are
    55        interchangeable.  Orientation and training manuals are
    56        distributed to all 11 restaurants.  Managers are not
    57        allowed to deviate from procedures which are set forth in
    58        these manuals or guidelines".  Some of those manuals are
    59        ones prepared by the McDonald's Corporation, are they not?
    60        A.  I know that when you have large operators, such as this