Day 144 - 28 Jun 95 - Page 17

     
     1        criteria is for the award.  There are many different
     2        awards.  There are awards for operations; there are awards
     3        for landscaping.  There are many, many different types of
     4        awards in the US and you are asking me a very, very general
     5        question.
     6
     7   Q.   You said yesterday regarding the case of Mr. Theurer ---
     8        A.  Yes.
     9
    10   Q.   -- who died because of a car accident when he was exhausted
    11        from working 12 hours at McDonald's, 12 hours and 21
    12        minutes in a 17 hour period -----
    13
    14   MR. JUSTICE BELL:  Try not to give your summary of the matter
    15        because I heard what the evidence was.  (To the witness):
    16        You remember Mr. Theurer's case?
    17        A.  Yes, I do, my Lord.
    18
    19   MR. MORRIS:  You said that that was an intolerable situation
    20        working such long hours and the Manager was sacked?
         A.  My Lord, he is characterising again what I have said.
    22        I do not know if I should -- I do not want to delay the
    23        proceedings.
    24
    25   Q.   It is partly because he was young as well, he was 18 years
    26        old.  Anyway, the point is, does it concern you that at the
    27        Store of the Year in the UK in 1987 in Colchester, from
    28        which there are witnesses on both sides coming to give
    29        evidence in court in this case -----
    30
    31   MR. JUSTICE BELL:  Put it this way:  "Would it concern you if at
    32        the Store of the Year in England the situation was such and
    33        such?"
    34
    35   MR. MORRIS:  Yes, that staff sometimes had to work double shifts
    36        and Mr. Nicholson commented:  "They would be exhausted".
    37        Would that concern you that ------
    38
    39   MR. RAMPTON:  "If".
    40
    MR. MORRIS:  That was on day 121, page 15, line 4.
    42
    43   MR. RAMPTON:  My Lord, if I may pick up something your Lordship
    44        said?  There is an acute conflict about all the allegations
    45        in relation to Colchester; none of the evidence has yet
    46        been heard in court.
    47
    48   MR. JUSTICE BELL:  What I think causes difficulty is instead of
    49        simply putting the situation which you want Mr. Stein's
    50        view on, you then bring in a bit of what Mr. Nicholson said 
    51        about it because that complicates it and complicates it 
    52        quite unnecessarily.  What you want is Mr. Stein's view of 
    53        the matter; you have Mr. Nicholson's.
    54
    55        (To the witness):  What you are being asked is, would it
    56        concern you if a store in this country which had been made
    57        Store of the Year at or about the time of being Store of
    58        the Year -- there may be an issue about that -- was working
    59        people double shifts, i.e. two consecutive shifts, if it be
    60        established in due course that that was the situation,