Day 144 - 28 Jun 95 - Page 04
1 otherwise interfere or disturb the working employees". The
2 whole purpose of that is, is it not, Mr. Stein, to deter
3 crew members from even considering bothering discussing
4 unions with other crew members or trying to organise some
5 form of union activity?
6 A. No, it is not. It is meant to make sure that working
7 employees are not being bothered by other employees. It is
8 a matter of making sure that there is proper decorum in the
9 restaurant and that everything is flowing smoothly to serve
10 our customers.
11
12 Q. In this country, Mr. Nicholson has admitted that no overt
13 union activity would be allowed in the stores either by
14 crew members or by outside union people. Why are you
15 ashamed to admit that is also the case in America?
16 A. I am telling you what is the situation in the United
17 States. I am not ashamed of anything in the United States.
18
19 MR. JUSTICE BELL: I had not appreciated from what Mr. Stein had
20 said that he was ashamed to admit, so you had better just
21 ask him whether overt union activity would be allowed in
22 American stores; he may say that it is not.
23
24 MS. STEEL: Would overt union activity be allowed in your
25 stores?
26 A. I think I mentioned earlier that when our crew is in
27 their crew room they are free to do whatever they wish to
28 do. That is their -----
29
30 MR. JUSTICE BELL: Just listen. I will put the question,
31 Mr. Stein. Let us leave aside franchisees owner/operators
32 at the moment. In a McOpCo store in the United States,
33 would overt union activity be allowed?
34 A. In the crew room, yes, that is their time, my Lord.
35 That is specific -----
36
37 Q. That is involving crew members only?
38 A. When you say "crew members only"?
39
40 Q. No outsiders?
41 A. That is correct, my Lord. The rules in the United
42 States are very specific in this area and we are following
43 the rules of the National Labour Relations Board.
44
45 MS. STEEL: So if you do allow any negotiations, it is basically
46 because you are forced to under the law?
47 A. No, it is the legal requirement. We can comply with
48 all laws and that is the system in the United States.
49
50 Q. But, essentially, through the Crew Handbook you are
51 attempting to convey to the crew extremely successfully
52 that they are not allowed to either solicit for ---
53 A. Not at all.
54
55 Q. -- funds for unions or to encourage other crew members to
56 join?
57 A. There was a multiple of statements in what you just
58 said. I am not sure which one you want me to answer. It
59 sounded more like a statement than a question.
60
