Day 144 - 28 Jun 95 - Page 08

     
     1   MR. JUSTICE BELL:  Yes, I am not suggesting you are not at the
     2        moment.  I just want to look at the paragraph for myself.
     3        It says:  "It is true to say that McDonald's does not allow
     4        the distribution of union leaflets in any restaurants" and
     5        goes on to say:  "However, it is clear from the Employee
     6        Handbook and Crew Handbook that in many of the countries in
     7        which the Company operates the Company prohibits the
     8        distribution of all leaflets during working hours, whether
     9        they be of a religious, political, environmental or trade
    10        union nature.  Thus, it is wrong to identify the
    11        prohibition of union literature as support for the
    12        allegations that McDonald's have a policy of hostility to
    13        trade unions."
    14
    15        However that may be, you say in the States there are NLRB
    16        rules as to what may and what may not be distributed in
    17        relation to union laws?
    18        A.  That is correct, my Lord.  My Lord, if you look -----
    19
    20   Q.   Just pause a moment.  There are state and other provisions
         in relation to the distribution of leaflets which relate to
    22        matters other than union matters?
    23        A.  That is correct, my Lord.  I just wanted to bring to my
    24        Lord's attention the clear wording of the paragraph dealing
    25        with distribution of literature on 319.  It is very clear,
    26        my Lord, what that prohibits in the United States.  That
    27        would be from the bottom, 1, 2, 3.
    28
    29   MR. JUSTICE BELL:  Yes, I think you made that point before.
    30        Yes, Mr. Morris?
    31
    32   MR. MORRIS:  The fact that McDonald's might suppress the
    33        distribution of other literature is not a concern for us in
    34        this case; what we are interested in is suppression of
    35        people's rights to circulate literature about trade unions
    36        in all their stores worldwide.  Are you prepared to say
    37        that you think it is fair that McDonald's employees
    38        worldwide should be able to circulate trade union leaflets
    39        to their colleagues at work?
    40        A.  It sounded to me like you were making many different
         statements there.  I have explained to you what our
    42        position is with respect to the United States.  I have also
    43        explained to you that there are numerous laws that I am
    44        aware of in various countries that govern this whole area,
    45        and that McDonald's doing business in those countries is
    46        expected to comply with the appropriate law and expected to
    47        comply with the process that occurs in that country.
    48
    49   Q.   Is there any law in any country that McDonald's operates in
    50        which says that it is illegal for workers to hand out trade 
    51        union leaflets to each other, apart from countries where 
    52        trade unions are banned? 
    53        A.  You are asking for such a general question.  I have no
    54        way of answering that question.
    55
    56   Q.   You do not know?
    57        A.  No, I do not.  How many countries, sir, are there in
    58        the world?
    59
    60   Q.   So there is absolutely no reason anywhere in the world that