Witness Statement - Dan Gallin

name: Dan Gallin

section: Employment

for: The Defence

experience: General Secretary of the International Union of Food

summary:

Managing Director Theo Holm went to the press and complained that the trade union had created fear and concern among McDonald's employees, who had at least as good wages and conditions as any collective agreement would give them. The truth is that the workers basic wage is below the basic in the collective agreement and they get no other supplements that are included in the agreement.

McDonalds was not dormant during this time. Employees were called to meetings with management and every worker was called in. The press wrote a great deal about the issue and revealed that, inter alia, young people under 18 worked nights at some McDonald's, something which is illegal in Norway.

cv:

I am the General Secretary of the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers Associations (IUF).

Full cv: (not available for this witness)

full statement:

STATMENT REGARDING MCDONALD'S VS STEEL & MORRIS

Royal courts of Justice

I, Dan Gallin, am the General Secretary of the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers Associations (IUF). Paul Garver is a coordinator of our Department of Transnational corporations. The IUF is a world-wide federation, found in 1920, of trade unions in 90 countries representing workers employed in the manufacture, preperation and serving of food, in hotels and in tobacco. The IUF Secretariat is based in Geneva, Switzerland. The affiliated unions determine all IUF policy and elect office holders.

One function of the IUF is the co-ordination and representation of our national affiliated unions when engaged in disputes with transnational corporations. Hence the IUF can be seen as a "Union of Unions."

The IUF statutes include the convening of specific international Trade Groups and Conferences, as well as an official secretariat newsletter (the IUF News Bulletin). The statutes also provide for other periodical publications that are approved by the Executive Committee, which have included the HRC Bulletin and the IUF Directory of Transationals (profiles of individual companies, available only to affiliated unions).

A number of our member unions were involved in the 1980s in disputes with the McDonalds Corporation or its subsidiaries. As a result of this, in November 1984 the IUF Hotel, Restaurant and Catering Trade Group convened an international McDonald's Trade Union Working Group of national delegates, in order to further the recruitment and representation of McDonald's employees. This Working Group made first-hand official reports to the HRC Trade Group, which contained details of members disputes in Germany (Rhineland/Westphalia and Regensburg), Denmark, Finland, Netherlands, Norway, Sweden, USA, Australia and France. These reports of disputes often appeared also in the IUF News Bulletin for circulation to affiliates. Occasionally the IUF also circulated special official reports to the IUF from a member union in dispute with McDonald's, for example the HRF Report from Denmark.

Sincerely,

Dan Gallin

General Secretary

Paul Garver

supplementary statement:

November 11, 1993

SUPPLEMENTARY STATMENT OF DAN GALLIN FOR THE DEFENCE

McDonalds vs Steel & Morris

I, Dan Gallin, General Secretary of the International Union of Food, Agricultural, Hotel, Restaurants, Catering, Tobacco and Allied Workers Associations, make the following addition to my Statment of 26th July 1993.

I have been shown some of the relevant Statments of the McDonalds Corporation regarding various labour disputes involving the IUF and our affiliated national unions. I am able, if so requested, to contact the relevant union representatives for each of the disputes at issue in the case involving our organisation (regarding Germany, Denmark, the Netherlands, Norway, USA and France) in order for a statment to be sought and/or relevant documents to be made available to the defence and to the court. In some cases this may include updates.

I have read the defence particulars on the above-mentioned disputes and can verify they are accuruate summaries of official and specialist information provided to the defence by our union.

Dan Gallin

General Secretary

November 4, 1993

To affiliates in the HRC sector

(to the Executive Committee for Information in Geneva)

Dear Sisters and Brothers,

Concerns: Union Victory at McDonald's in Norway

We have been informed by our affiliate, the Norwegian Hotel and Restaurant Workers Union (HRAF) of the union's recent victory when McDonald's agreed to sign the collective agreement for the sector in Norway. The agreement covers 3 McDonald's units in Oslo, the capital.

At the request of HRAF the IUF secretariat sent messages of protest to McDonald's headquaters both in Norway and the USA on October 22.

Below is the union's own account of the dispute and its successful resolution.

Agreement at McDonald's in Norway

On October 28, Theo Holm, Managing Director of McDonald's in Norway, signed a collective agreement covering 3 of McDonald's units in Norway. The road to the agreement has been long and hard. The last time the union (HRAF) demanded an agreement with McDonald's all organised workers left the union after they had received "other jobs and better wages".

On June 9, HRAF sent its demand for a collective agreement for 6 McDonalds units, since 12 cleaners had organised McDonald's replied by giving all of them notice of dismissal.

Grounds for Dismissal

All cleaners work at night. They clean and wash cellars, floors, cookers in fact everything that needs to be cleaned. The grounds for their dimissal were that they had become redundant due to investments in new machinery.
After a negotiation meeting between HRAF and McDonald's the notice was withdrawn and all were allowed to keep their jobs. At the same time, they were given better wages and working conditions. Among others, they were given a night shift rate od 40% (140% of thr basic wage).

Reduced Working time

Immediatley after this, McDonald's reduced the cleaners working time so much that they ended up with exactly the same gross wage as before.

Decent Wages

Managing Director Theo Holm went to the press and complained that the trade union had created fear and concern among McDonald's employees, who had at least as good wages and conditions as any collective agreement would give them. The truth is that the workers basic wage is below the basic in the collective agreement and they get no other supplements that are included in the agreement.

Pressure

On October 1, McDonald's informed that it was dismissing staff, after all deadlines for signing the agreement had been passed. On October 15, the two parties were called to a meeting with an arbitrator, and HRAF's members began to suffer from enormous pressure from the company. Our 3 local braches in Oslo mobilised and worked very actively with other unions and leafleted McDonald's outlets. 8 of the 12 members resigned from the union, but other workers joined.

Arbitration Meeting

The meeting on October 15 ended in breakdown. Managing Director Theo Holm would not sign an agreement. He claimed he had no authorisation to sign and that he had to wait for representatives from the USA to come to Norway in the middle of November. HRAF gave McDonald's one week to sign the agreement, otherwise they would strike.

Mobilisation

HRAF local branches now began to fully mobilise for a dispute. They prepared various action, printed leaflets and held preparatory meetings almost everyday. McDonalds was not dormant during this time. Employees were called to meetings with management and every worker was called in. The press wrote a great deal about the issue and revealed that, inter alia, young people under 18 worked nights at some McDonald's, something which is illegal in Norway.

Full Victory

Following discussions with HRAF, McDonald's was given an extra week. During the extra week, the pressure on the company increased. The media reported on wages and working conditions and what action was waiting for the company if they did not sign an agreement.
On Thursday, October 13, there was a meeting between Theo Holm and HRAF President and First Vice-president. McDonald's wanted an agreement which was specifically adapted to their own concepts. HRAF could not accept this before an agreement was signed. HRAF has specific agreements with various companies, but all based on the national agreement. Outside the meeting roon there was a large gathering of press and the media waiting for the result.
One hour later the parties came out and announced a complete victory for HRAF. The agreement had been signed!

Yours in Solidarity

Dan Gallin

General secretary

Patrick Dalban-Moreynas

date signed: July 26, 1993

status: Read out in court

references: Not applicable/ available

exhibits: Not applicable/ available

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