Day 205 - 17 Jan 96 - Page 30


     
     1
     2   MR. JUSTICE BELL:  Yes, do.  Is there something in Mr. Stein's
     3        answers which -----
     4
     5   MR. MORRIS:  Obviously, we feel that -----
     6
     7   MR. JUSTICE BELL:  Not with regard to these specific ones, but
     8        where I can imagine, for instance, you will say that the
     9        breaches of the rules in this country, that they arise from
    10        -- this will be your argument, I anticipate -- the
    11        McDonald's system, which is much the same in the United
    12        States, and tight scheduling and employing a large
    13        proportion of young people; and you say that in this
    14        country, as a result, there have been breaches of the law,
    15        and I have actually had on one side and the other some oral
    16        evidence from that witness box, which is always much easier
    17        to handle than Civil Evidence Act evidence anyway; and
    18        I suppose you are going to say that if it happens in this
    19        country there is no reason why it should not happen in the
    20        States.  What I am asking you to do now is, can you point
    21        me to what Mr. Stein said to Congress as some acceptance of
    22        the fact that there had been significant violations in the
    23        States?
    24
    25   MR. MORRIS:  If we look at page 232, which is the front page of
    26        the Congress matters after the index, that is his testimony
    27        in writing to the court.
    28
    29   MR. JUSTICE BELL:  I go to page 230, the top of the page.
    30
    31   MR. MORRIS:  At the front of it there should be two pages,
    32        unfortunately out of order, which -----
    33
    34   MR. JUSTICE BELL:  I see.
    35
    36   MR. MORRIS:  To show that he made written testimony.  Then, if
    37        we go to page 234, which is immediately behind it -- do not
    38        forget, these were already served; I am just identifying
    39        the relevant passages -- he then says in the second
    40        paragraph:  "Very few of our 1726" -- that is in the
    41        paragraph above -- "Company operated restaurants received
    42        any violation notices."  That is in recent enforcement
    43        sweeps; so that implies some did anyway.  He then goes on
    44        to say: "With regard to franchisees, et cetera, 20
    45        franchise McDonald's own operators were cited for
    46        violations.  That is in recent enforcement activity through
    47        May 28th -- which is less than one per cent of our total
    48        licensees, with less than one per cent of our restaurants."
    49
    50 
    51        An important sentence is: "The majority of these violations 
    52        were primarily hour related."  So that is an admission on 
    53        the character of the citations, which does not surprise
    54        me.
    55
    56        Then when you get into his actual testimony, his verbal
    57        testimony -- I think we went through this before -- it was
    58        established that the crucial page was something -- if we
    59        look at page 227, I think that is probably the most
    60        succinct part to look at, after Mr. Stein had been chased a

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