Day 140 - 22 Jun 95 - Page 38


     
     1        Plaintiff prepared an anti-union strategy in case employees
     2        began to join."
     3
     4        No doubt through my own lack of wit, I am not clear what
     5        the anti-union strategy is, save and unless it is the
     6        response to the PUP report.  Is that the extent of it, or
     7        is there some other strategy which you have in mind?
     8
     9   MS. STEEL:  I just want to say one thing.  I think there is
    10        actually a pleading about the wage rates in Philadelphia as
    11        well.  It is not just in the union part.
    12
    13   MR. RAMPTON:  The two things are not apparently connected on the
    14        face of the pleading, I fear.  That was the first thing
    15        I dealt with of the specific matters.  All that said is --
    16        and I will find the reference.  It is number 30 in the
    17        abstract, which appears to be simply this, that -----
    18
    19   MR. JUSTICE BELL:  It is at the bottom of page 12.
    20
    21   MR. RAMPTON:  Yes, that is right.  It is simply this allegation
    22        that McDonald's paid the minimum or more, I understand; no
    23        more than that.
    24
    25   MR. JUSTICE BELL:  I understand the case about what McDonald's
    26        may have been paying related to the minimum.  I understand,
    27        or at least I have heard the evidence about the response to
    28        PUP.  What I would like you to tell me at two o'clock is if
    29        item 99 refers to any strategy which might be thought to be
    30        anti-union, apart from the response to the PUP report.  Do
    31        you understand what I am saying?  I mean, you may be able
    32        to answer now.  Is item 99, which is -----
    33
    34   MR. MORRIS:  I have not got it in front of me.  Our pleadings,
    35        as I am sure everyone realises, are not comprehensive.
    36
    37   MR. JUSTICE BELL:  If they are not comprehensive -- it is a
    38        point I made several months ago -- as you go along, I would
    39        like you to -----
    40
    41   MR. MORRIS:  Clarify.
    42
    43   MR. JUSTICE BELL:  No, say.
    44
    45   MR. MORRIS:  Our understanding of this situation is, first of
    46        all, obviously, the wage rates in themselves are an issue.
    47
    48   MR. JUSTICE BELL:  I see that you have raised that.
    49
    50   MR. MORRIS:  Secondly, that the comparative wage rates are in 
    51        issue because the inner city workers are, in the majority, 
    52        black. 
    53
    54   MR. JUSTICE BELL:  Fair enough.  All I am asking at the moment,
    55        in 99, is there any anti-union strategy?
    56
    57   MR. MORRIS:  My understanding, when it came up, I believe, at
    58        the December 1993 hearing, I think, that there was a
    59        document which referred to anti-union strategy, and I am
    60        trying to get more information on that because, as you can

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