Day 144 - 28 Jun 95 - Page 55


     
     1        our increases are based upon performance, in general.
     2        There may be, you know, some unusual thing like -- but
     3        I think that virtually all the reviews that I have ever
     4        seen have been based upon performance.  Here I think what
     5        they are referring to is based upon performance they can
     6        get in Philadelphia an increase in that three month
     7        period.  That is all they are referring to.
     8
     9   Q.   It does not say in a three month period ---
    10        A.  Well, what the words are.
    11
    12   Q.   -- it says "as soon as three months after starting"?
    13        A.  OK.
    14
    15   Q.   So it does not happen before three months for the lucky
    16        ones that get their pay increase?
    17        A.  "As soon as three months", maybe it is at the three
    18        month point, maybe it is at the two month point.  The words
    19        are there.  They are implementing these practices.  Are you
    20        objecting to the fact that people may get an increase?
    21
    22   MR. JUSTICE BELL:  No.  What is being put to you is this, that
    23        on the face of that, I would not say it excludes the
    24        possibility that someone somewhere might get a rise before
    25        three months, but the phrasing of the words is that, by and
    26        large, the earliest you would get a rise is three months
    27        after starting, but many people do receive their rise as
    28        early as three months after starting.  That is what it
    29        appears to say to me.
    30        A.  I would agree, my Lord.
    31
    32   Q.   What Mr. Morris has said is, does it follow that that is
    33        reasonably the best you can do and an awful lot of people
    34        will not get one until after three months, that is what he
    35        is putting to you.  If you can help on that, say so ----
    36        A.  I cannot.
    37
    38   Q.   -- if you really cannot, say so.
    39        A.  I cannot help on that, my Lord.  These are
    40        owner/operator practices in Phili -- I can read the words
    41        as you and I can.
    42
    43   Q.   Can you add anything to that?
    44        A.  No, I cannot.
    45
    46   MR. RAMPTON:  My Lord, I draw your Lordship's attention to the
    47        fact (which your Lordship knows already) that the address
    48        given actually for the McDonald's Corporation is an address
    49        at King of Prussia(?) which is a suburb of Philadelphia.
    50 
    51   MR. JUSTICE BELL:  I had seen that it was Pennsylvania. 
    52 
    53   MR. RAMPTON:  King of Prussia is one of those suburbs mentioned
    54        in the -----
    55
    56   MR. JUSTICE BELL:  It clearly seems to me to be Philadelphia
    57        because the last bullet point on 1469 again refers to
    58        McDonald's restaurants in Philadelphia.  It refers to two
    59        officers at the very end who were of that .....
    60

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