Day 144 - 28 Jun 95 - Page 16

     
     1        "To people over 21 years of age, that is right."
     2
     3   MR. JUSTICE BELL:  Look, leave the transcript ---
     4
     5   MR. MORRIS:  I understand that.
     6
     7   MR. JUSTICE BELL:  -- for the moment because I intervened,
     8        hopefully, to clear the air and see where you were going on
     9        this and warn you that you might be making a false
    10        assumption as to what conclusion I can draw from the
    11        situation in this country so far as the States are
    12        concerned.
    13
    14   MR. MORRIS (To the witness):  Mr. Stein, Mr. Nicholson agreed
    15        that managers have the power while any crew person is
    16        working their scheduled shift to compulsorily cut or extend
    17        the hours being worked, even breaks could be cut.  I think
    18        this was touched on yesterday.  The management has the same
    19        power in the US, whether they exercise it is another
    20        question, but they have that power, do they not?
         A.  They theoretically have power because they are the
    22        employer.  However, in practice, I think we have long got
    23        into, I believe, a long discussion about the fact that they
    24        mutually work these things out.  It is not done in an
    25        authoritative kind of fashion.
    26
    27   Q.   We heard, I think, yesterday -- sorry, if Mr. Rampton wants
    28        the reference, I think that was day 121, page 21, line 12,
    29        and page 19, line 20 -- that in the UK the crew are not
    30        paid for meal breaks and there is no overtime pay.  Both of
    31        those are different in the United States, yes, did you say
    32        that crew were paid for their meal breaks?
    33        A.  Yes.
    34
    35   Q.   Even their lunch, even their main meal break, they are paid
    36        for it?
    37        A.  Yes, and I think I also mentioned that in some places
    38        that is required by law and in other places it is just the
    39        way it is done.
    40
    Q.   So you do not have any criticism of that then about the
    42        excellency of the UK operation?
    43        A.  Sir, you are isolating on one benefit versus many.  You
    44        are trying to draw a comparison between the UK and the
    45        United States, and I think you are going far afield.
    46
    47   Q.   Do you have a Store of the Year in the USA?
    48        A.  We have many Stores of the Year.  We have a lot of
    49        awards for owner/operators on how well they run their
    50        restaurants. 
    51 
    52   Q.   So they are ones that are particularly excellently 
    53        well-run?
    54        A.  Excuse me?
    55
    56   Q.   They are particularly well-run restaurants; if you get
    57        voted to be a Store of the Year in a particular area it is
    58        because you have the best practices?
    59        A.  At that point in time that the award is given it would
    60        have very good practices.  It depends also upon what the