Day 143 - 27 Jun 95 - Page 20


     
     1        one, what they will do is they will take our manuals and
     2        they will -- if there is something that specifically is a
     3        McDonald's spec., like food preparation or things like
     4        that, they do lift the McDonald's stuff verbatim, but as to
     5        other things, what they do is they pick and choose or add
     6        to the manuals to develop their own as to how they want to
     7        operate their enterprise.
     8
     9   Q.   But anything relating to uniformity of the food and of the
    10        service is laid down by the Corporation?
    11        A.  I would not agree -- as to the food, the food has to be
    12        of certain specs.; it needs to be cooked at certain
    13        temperatures and procedures.  But then as to service and
    14        things like that, there are recommended procedures but
    15        these are things that the owner/operator can vary -- does
    16        vary, would vary.
    17
    18   Q.   If we just go over the page, if you look at the last
    19        paragraph on that?
    20        A.  On page 3?
    21
    22   Q.   Yes.
    23        A.  Yes, sure.
    24
    25   Q.   "The Wabash facility opened for business on about May 1st
    26        1977.  There is evidence showing that since the Warbash
    27        facility has been in operation, the Store Manager and the
    28        Assistant Managers have assigned employees (Crew) work and
    29        have prepared and posted weekly work schedules, have
    30        discussed performance reviews with employees, have told
    31        them that they would receive the pay rise rates in
    32        accordance with the system wide scale" -- is that referring
    33        there to the McDonald's system wide scale?
    34        A.  You know, I am going to have to start guessing what the
    35        writer was talking about.  But, as I have done before, to
    36        try to move this along, what I think they are referring to
    37        here is they twice a year wage review process that I have
    38        talked about before.
    39
    40   Q.   Right.
    41        A.  That is what I think they are referring to, and the
    42        owner/operator has adopted that practice of giving reviews
    43        twice a year to his employees, wage reviews twice a year.
    44
    45   Q.   That is the McDonald's Corporation stipulation?
    46        A.  It is a recommendation ---
    47
    48   Q.   Right.
    49        A.  -- that we make to our operators.
    50 
    51   Q.   Then it continues:  "... have suspended employees, have 
    52        told employees to punch out and go home for various reasons 
    53        and have granted employees time off."
    54        A.  Yes.
    55
    56   Q.   "Employees are required to have permission from the Manager
    57        before leaving their assigned duties for any reason"?
    58        A.  Yes.
    59
    60   Q.   "The evidence shows that managers do not hire, fire or

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