Day 144 - 28 Jun 95 - Page 57

     
     1   Q.   I am sorry it was such a tough question.
     2
     3   MR. RAMPTON:  It was different question.
     4
     5   MR. JUSTICE BELL:  Leave it there, please, Mr. Rampton.
     6
     7   MR. MORRIS:  I suppose we have all spent a long time in this
     8        particular area of the case.  Mr. Stein, it is a fact, is
     9        it not, that for a significant percentage of McDonald's
    10        employees, whether it be 20 per cent or 80 per cent, a
    11        significant per cent of McDonald's employees remain at the
    12        starting rate that they enter in or 20 cents or 40 cents
    13        above that starting rate and that is a fact?
    14        A.  How do I answer that question?  You have so many
    15        different examples, so many different assertions.
    16
    17   Q.   As we have heard your starting rates in America on average
    18        are within some kind of 50 cents generally of the official
    19        minimum wages.
    20
    MR. RAMPTON:  Why does Mr. Morris say "We have heard that"?  I
    22        do not know, my Lord, we have heard that from anybody.
    23
    24   THE WITNESS:  I think he has heard that from himself before.
    25
    26   MR. RAMPTON:  Mr. Stein, please.  My Lord, I think the only
    27        person who has asserted that in this court has been
    28        Mr. Morris.  I have been looking at the Philadelphia
    29        figures and if anybody cares to do the mathematics they
    30        completely falsify what Mr. Morris says, even at the
    31        Philadelphia minimum which was I think 35 cents above the
    32        Federal minimum.
    33
    34   MR. JUSTICE BELL:  Mr. Morris, there is no need going back to it
    35        because I had a schedule which we looked at for some time
    36        yesterday.  I can see myself what the differences were
    37        between the starting rate and the average hourly pay with
    38        or without enhancements.
    39
    40   MR. MORRIS:  Yes.
    41
    42   MR. JUSTICE BELL:  I urge you not to go over it again because
    43        you can take me back to the schedule in due course and ask
    44        me to draw whatever conclusion you say is justified.
    45
    46   MR. MORRIS:  Just to come back on Mr. Rampton's point, in
    47        Mr. Stein's statement on page 7, point 14, paragraph I:
    48        "The Defendants stated that in 1989 the official minimum
    49        wage in Philadelphia was $3.70 per cent per hour and
    50        McDonald's paid $3.70 to $4 per hour."   So you were 
    51        actually starting at the official legal minimum in some of 
    52        the stores in Philadelphia at least, were you not? 
    53        A.  Some people may have started at that rate.
    54
    55   Q.   Well, that would be the store, would it not?
    56        A.  No, I think you have already heard in fact from your
    57        own information that there are varying starting rates in
    58        every store.  That is your own information that you have
    59        been presenting to us.
    60