Day 144 - 28 Jun 95 - Page 71


     
     1
     2   Q.   But it is part of employees' conditions to be taught how to
     3        serve the customer in a certain way?
     4        A.  I look at this -----
     5
     6   Q.   Is it not?
     7        A.  I look at this as a helpful reference to our crew
     8        people on things they are doing in their stores, and we are
     9        trying to communicate with our crew people and tell them
    10        what is coming or what they have and how we are trying to
    11        help them make their job easier for them.  That is what
    12        I get from that thing, that article, or just really trying
    13        the best we can to help them with their jobs and what we
    14        are doing.
    15
    16   Q.   OK.  I will not ask any further questions on that.
    17
    18   MR. JUSTICE BELL:  Thank you.
    19
    20   MR. MORRIS:  I wanted to ask someone from America that because,
    21        obviously, it is an American document.
    22
    23   MR. JUSTICE BELL:  I have something to say about that in a
    24        moment.  Please go and sit down, Mr. Stein.
    25
    26                        (The witness withdrew)
    27
    28   MR. JUSTICE BELL:  What I wanted to say is this, because
    29        obviously you will think overnight of what you have left to
    30        ask Mr. Stein about:  As far as I am concerned, where the
    31        document is a McDonald's document, as that is and as the
    32        Operations and Training Manual which we looked at was --
    33        because all I am dealing with matters, I am looking at what
    34        the balance of probabilities are, not what the certainty
    35        is, as you know -- and I will accept that what appears in a
    36        McDonald's publication such as that reflects the thinking
    37        of the nerve and brain centre of McDonald's.  In so far as
    38        it is a UK publication, which I take this to be, I will
    39        assume that -----
    40
    41   MR. MORRIS:  It is US.
    42
    43   MR. JUSTICE BELL:  That is US, is it?  Very well.  In so far as
    44        we are looking at a document which is produced in this
    45        country, I will assume it reflects the thinking of
    46        McDonald's in this country and, unless there is any obvious
    47        reason for me to think otherwise, I will assume that the
    48        McDonald's Corporation is content with it because it is
    49        what has been produced by a wholly owned subsidiary.
    50 
    51        There may be things in a UK publication which, obviously, 
    52        cannot apply to the States or where one has to allow for a 
    53        difference between the United States and the United
    54        Kingdom.  For instance, that most of the restaurants over
    55        there are franchisee restaurants and most of the
    56        restaurants over here are Company restaurants.
    57
    58        In so far as you have a major publication such as an
    59        Operations Manual which comes from the States, I will
    60        assume, unless there is something contradictory in the

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