Day 142 - 26 Jun 95 - Page 44
1 MR. RAMPTON: I do not think it is strictly necessary I should
2 clarify anything at all.
3
4 MR. MORRIS: It is relevant. If it is something that is written
5 for the purpose of this case, it is important that the
6 court knows that. Can the Plaintiffs clarify that? They
7 disclosed it.
8
9 MR. JUSTICE BELL: I do not know whether it is important or not
10 whether it is written for the -- I do not know whether you
11 challenge it or not, first of all.
12
13 MR. MORRIS: Not particularly, no.
14
15 MR. JUSTICE BELL: I mean, if there is no issue about it, it
16 does not matter what it was written for. It is common
17 ground.
18
19 MR. MORRIS: Right. OK, Mr. Stein.
20
21 MR. JUSTICE BELL: Tell me what you are getting at here?
22
23 MR. MORRIS (To the witness): The case is, is it not, Mr. Stein,
24 that up till 1986/87 McDonald's was hostile to trades
25 unions in Germany and following a period of pressure,
26 including media publicity, concluded an agreement soon
27 afterwards?
28 A. I disagree with that. I know that we, the German
29 Company, approached the union to form -- in the mid 80s
30 approached the union to form an association of the quick
31 service restaurant group, Burger King, and others in order
32 to reach an agreement to avoid any issues in the future as
33 much as possible, but McDonald's was the catalyst to form
34 this organisation, made a suggestion to the union that the
35 best way of dealing with difficulties that had occurred in
36 the past was to have an association, have an agreement,
37 that fit what the employees, the union, the Company would
38 want and to move ahead. That part I am aware of.
39
40 Since 86 my understanding has been that there have been
41 successive labour agreements. The word "normal relations"
42 -- I am searching for a better word, I do not have it --
43 but the normal relations you would have with the union have
44 occurred. There have not been any -- I do not understand
45 where we are going with this, frankly, because there have
46 not been any labour disputes that I am aware of since the
47 86 or so.
48
49 Q. The relationship between McDonald's and the unions was not
50 normal before 1986 compared to other similar restaurant
51 businesses ---
52 A. I dis -----
53
54 Q. -- and the same union ---
55 A. I disagree with that.
56
57 Q. -- which is the evidence of the person who was asked to
58 make statement for McDonald's?
59 A. You are asking me what I am aware of, sir, and I am
60 telling you that there were some disputes with us. There
