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
