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1. I am 32 years of age.
2. I joined McDonald's in October 1987 as a crew member in the Bath restaurant. I had had three previous jobs, the last one working for the Post Office. I resigned from this job after six months because I did not like it and then joined McDonald's as a 'stopover'. I enjoyed the work and the working environment, so I decided to stay. I have worked for McDonald's full-time ever since.
3. I started work at McDonald's as a crew member and worked a variety of different shifts. In February 1989 I became a member of the training squad and in about July/August 1990 I was promoted to my current position of breakfast manager. Since I have been a breakfast manager, my hours have been 6.30 a.m. to 2.30 p.m. on Monday, Wednesday, Thursday and Sunday and 5.30 a.m. to 2.30 p.m. on Saturday.
4. I have read the statements of Michael Logan ("Michael") and the allegation that I have suffered problems caused by management in respect of my performance reviews. My comments on this allegation and the more general ones set out in Michael's statements are as follows.
5. Performance Reviews
When I joined McDonald's, performance reviews were given every two months, which later changed to every four months. Prior to the time when I became a breakfast manager I received printed performance reviews which were held on a regular basis. From the time when I first became a breakfast manager (July 1990) until the end of 1992, I received handwritten performance reviews from both Jane Jarvis and Alan Charlesworth who were the store managers during this period. There were some occasions during that time when my performance reviews were late. Specifically, I recall one occasion when two performance reviews were done at the same time, as one had been overlooked. Jane Jarvis apologised for this oversight and gave me a pay rise which was backdated to my original review date. It has been my experience that if any of my performance reviews have been late (some may have been 2-3 weeks late), they have always been backdated. My last review wee in October 1995.
6. I have always been happy with my performance reviews and have no complaints to make. I consider them to be a fair reflection of my work and performance. I have always been allowed to read each review which I have then signed and returned to the manager assessing me.
7. I consider myself to be a hard worker and I feel that the merit pay rises which I have received in addition to the company pay rises fairly reflect my performance. I much prefer the McDonald's merit system of pay rises to an annual 'across-the-board' system of increases because I would not consider it fair for someone who did not work as hard or as well as me to be paid the same.
8. Scheduling
I have always worked full-time at McDonald's and since I have become a breakfast manager I have had set hours each day, which I have described in paragraph 2 above. I have always been content with the scheduled hours I have been given including the time when I was a crew member working different shifts, including closes. Even though technically I know my hours are not guaranteed, I have always, in fact, been scheduled to work about 35 hours or more a week at times when I wanted to work.
9. I have never experienced managers using the scheduling as a 'tool of discipline'. It is my experience that managers try their best to get the schedules right. However, Bath is a very busy restaurant and the system sometimes breaks down, for example when crew members are sick, fail to turn up for a shift or when a number of experienced crew return to college or university and new crew have to be trained.
10. Overtime
I have no recollection of ever having worked more than 45 hours per week. Since I became a breakfast manager I have worked approximately 37 hours per week. I am happy with my pay, although I do consider it would be fairer for McDonald's to pay an enhanced hourly rate on Sundays.
11. Clockcards
Michael says that managers altered crews' clockcards without their knowledge or consent and so that they were paid for less time than they in fact worked. This has never happened to me and I have never heard of it happening to anyone else in the restaurant. We are all paid fortnightly when we receive a payslip detailing our total wages, the hours we have worked and the hourly rate of pay (regular or premium). I always check my payslips and I have never found an error or any instance where I have not been paid for the work I have done.
12. Breaks
I have always been happy with the breaks I have been given. I would estimate that nine out of ten breaks I get last the full 45 minutes. Very occasionally I am asked to shorten my break and come down from the crew room to help in the restaurant during an unexpectedly busy period. If this does occur, I am allowed a further break to make up the 45 minutes when the rush is over. I usually get my break between 11.00 and 11.30, about five hours after I start, which is my preferred time.
13. I have never been asked to take my break as soon as I arrive, but I have sometimes heard managers on a Saturday ask some crew to take an early break. Crew are never forced to do this. Most crew who take early breaks will have them staggered, by which I mean that they may take, say, a 20 minute break at the start of the shift and then take a 20 minute break later.
14. Grills
I do recall that there was a time when the grills often tripped out but I have no knowledge of the cause of this as the problem was dealt with by salaried managers. I am not trained to deal with electrical problems and I have never been asked to do so. It is not true to say that, because there was no indication that the grill had tripped out, this would lead to undercooking of product. If the grills do trip there is a loud noise as air is released and product not cooked is thrown away. It is also correct that we sometimes used to cook 12 patties on a grill which required the crew member on the grill station to be more accurate in placing the patties on the platen. Sometimes a corner of a patty might stick out if not properly laid and be uncooked but this would always be thrown away. We are all trained to perform a visual inspection of the cooked product prior to servicing it as well as relying on the calibration/timers etc. If the product looks defective for whatever reason it is discarded. The station that I often work is the grill and this has always been my practice.
15. It is not correct to say that there are customer complaints about raw meat approximately once a week. I personally can only recall a few occasions when I was working on wrap and call when there was a complaint about an undercooked quarterpounder (I cannot remember the dates).
16. Complaints are very rare in my experience and, if they are made, a manager comes round to check the temperatures, timers and cooking procedures, depending on the nature of the complaint. I have no recollection of the grease trap being broken although I accept that it might have been. Unless there was so much fat leaking from it that it ran in front of the grill (which I can never remember seeing) it would not constitute a safety problem. Any leakage is more likely to be spotted by those doing a 'close' when the grill is moved for cleaning.
17. Chicken Vats
I do not agree with Michael's comments that the chicken vats were unreliable and kept tripping out 2-3 times per week.
18. Since about August 1993 it has been my responsibility to check the temperatures of the vats and grills and the product for meat integrity. I check the temperatures of the grilles and vats twice a day and I personally take the internal temperatures of the meat product twice a day. It is done once more by the manager on the next shift. I would the Before know if there was a continuing problem during the day shifts, which there was not.
19. I do not agree that the vats were in poor condition, leaking to the integrity of the chicken being prejudiced. I can only remember one complaint about chicken being undercooked.
20. Maintenance and Repair
Jagon Flint is the maintenance person for the restaurant. I do not recall the toasters regularly breaking down and I hate never seen a toaster patched up with blue plaster.
21. My experience in the restaurant is that repairs are fit quickly.
22. Hustle
I understand this expression to mean that we need to work quickly and efficiently. It would be dangerous to run on the front counter because we serve hot drinks etc. As far as I am concerned I have never heard a manager tell or encourage anyone to run, although I have heard them say words to the effect of "get a move on".
23. Product Safety
Michael says that out-of-date product is commonly sold, particularly salad and buns.
24. As I am a breakfast manager I am responsible for checking the fridge in the morning. If I find salads from the previous day I always throw them away and in my experience this is what everyone else does. Salads are freshly made each day. I regularly see the waste bin filled with discarded products, including salads.
25. Similarly, I recall no instances of out-of-date buns being used. We have all been trained not to use out-of-date product which is why we so regularly check stock rotation. I have regularly compacted products, including buns, which are past their 'use by' date.
26. Buns are delivered in trays with plastic wrapping around them on which the 'use by' date is stamped together with a 'use-by-date if frozen' stamp. There is also a coloured stripe with a different colour each day.
27. Buns have a four-day shelf life and they can be frozen within that time. The buns may stay in the freezer for up to 30 days. On being taken from the freezer the buns are stamped with a date of removal and they then have to be used within 48 hours. This has always been the system and in my experience it is rigorously observed.
28. It is the shift running manager's responsibility to ensure that out-of-date product is not used. However, if ever I saw out-of-date product I would inform the shift manager.
29. Generally
Michael says that McDonald's treats its employees as a cost and not a resource, giving little regard to their rights and well being. This has not been my experience. If it had, I would have left McDonald's years ago.
30. I feel that I have had the opportunity to progress and I am treated with respect by both managers and crew. I do not feel exploited.
31. I feel that the communication in the restaurant is good and I have always felt able to talk to my manager if a problem arises.
32. As far as I am concerned there has always been a safety culture at the restaurant.
| date signed: |
November 19, 1995
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| status: |
Appeared in court
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exhibits: Not applicable/ available
transcripts of court appearances:
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