Day 173 - 16 Oct 95 - Page 55


     
     1
     2   MR. JUSTICE BELL:  We are never going to get near precise
     3        figures, but if your arithmetic is right and if it is
     4        something like 150, then it is 20 per cent and if the
     5        figures in Mr. Mehigan's statement are right it is 14 per
     6        cent.
     7
     8   MR. MORRIS:  But if you have something like 150 to 160 staff, on
     9        your figures of percentage of, taking off the managers and
    10        admin people, it would be getting down to something like
    11        140 to 150 of which, if you say 30 per cent, something
    12        round there, were full-time, we are talking about something
    13        like 45 to 50 full-timers in the Company at that time; is
    14        that correct?  That would be quite reasonable?
    15        A.  Yes, 30 per cent of 150 is 50, yes.
    16
    17   MR. JUSTICE BELL: 45.
    18        A.  45
    19
    20   MR. RAMPTON:  Before this goes any further, because Mr. Morris
    21        has asked the witness to agree to some calculations, which
    22        I have to say I think are somewhat wild, with all the best
    23        will in the world I can make a total of 11 at Graphton
    24        Street and ten from O'Connell Street.
    25
    26   MR. MORRIS:  I have been through that.  You can ask further
    27        questions if you like, Mr. Rampton.
    28
    29   MR. JUSTICE BELL:  If it is a matter of life and death you can
    30        do a list in due course and tell me where they come from
    31        and I can do the percentages.
    32
    33   MR. MORRIS:  So if you have ----
    34
    35   MR. JUSTICE BELL:  Do not forget that if the labour court got it
    36        right Mr. Mehigan was not prepared to consider union
    37        representation unless the majority were interested.  So it
    38        would not matter if it was 30 per cent or 45, it would fail
    39        to qualify.  The labour court, and I may think that its
    40        recommendations read very sensibly, said, "No, even if they
    41        have a minority they are entitled to be represented, have
    42        their unions speak for them".
    43
    44        You see, at the end of the day I might conclude that
    45        McDonald's is dead set against recognising unions unless
    46        the majority of its workforce, in whatever unit is
    47        sensible, wants the union or unless the law of the
    48        particular country says that they must.  It is where we go
    49        from there; whether that is because they would rather run
    50        the show themselves or they are concerned if there is union 
    51        representation they will have to pay more than they would 
    52        otherwise have to or improve conditions at their cost, that 
    53        may be the important issue at the end of the day.
    54
    55   MR. MORRIS:  Yes.  I am going to go to a very specific plank of
    56        this argument here, which is that if a third, something
    57        like 30 per cent, something under a third of full-time in
    58        your Company, something like 50 people, taking off the
    59        number of managers and admin people -- we are talking
    60        something like 40 people that are crew, something like

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