Day 144 - 28 Jun 95 - Page 54

     
     1   MR. MORRIS:  It has "McDonald's Corporation" at the top.
     2        A.  Yes, but they are referring to Philadelphia.  They are
     3        referring to the owner/operator stores in Philadelphia, and
     4        they are referring to the practices of those operators in
     5        Philadelphia.
     6
     7   Q.   So are you saying that Philadelphia stores had worse
     8        conditions, are you, than the general stores in America?
     9        A.  No, what I am saying to you, sir, as I have said to you
    10        time and time again, owner/operators have a right to set
    11        their open policies, their own processes and the right
    12        procedures.  In Philadelphia, in accordance with their
    13        flexibility, they have chosen to have this approach.
    14
    15   Q.   Is that worse than the conditions in other parts of
    16        America?
    17        A.  What is worse?
    18
    19   Q.   That the general implication is that sometime after three
    20        months, and sometimes as soon as three months, people will
         get a chance of a pay rise based on a performance review?
    22        A.  OK, so what are you asking?  That is their practice.
    23
    24   Q.   Is it a general situation in America, as far as you are
    25        concerned?
    26        A.  That is their practice.
    27
    28   MR. JUSTICE BELL:  Take it step by step.  What that document
    29        appears to say is that employees, and that includes
    30        employees at owner-operated stores, because most of them
    31        are owner/operator stores ---
    32        A.  That is correct, my Lord.
    33
    34   Q.   -- but it is clearly relating to Philadelphia, receive
    35        frequent raises based on performance.  Many new employees
    36        receive a raise as soon as three months after starting.
    37        Firstly, do you accept that is the position in
    38        Philadelphia?
    39        A.  I am assuming it is, my Lord.
    40
    Q.   You are assuming it is.  Mr. Morris' next question is would
    42        you, in your experience, think that that is so broadly
    43        across the States?
    44        A.  My Lord, I believe -----
    45
    46   Q.   If you cannot say, so say so, but you are being asked to
    47        help if you can.
    48        A.  My Lord, I believe what they are referring to here is a
    49        practice that occurs in some parts of the US, and that is
    50        after a person is with us a relatively short period of 
    51        time, they may give them a special increase at that time. 
    52        That is what I think it is referring to, my Lord. 
    53
    54   MR. MORRIS:  So when it says "raises based on performance", they
    55        are not talking about raises based on performance then?
    56        A.  I think they are.
    57
    58   Q.   Exactly.  It is not a special increase, is it?  Really, it
    59        is their first opportunity -----
    60        A.  Wait a second, wait a second, wait a second.  All of