Day 138 - 20 Jun 95 - Page 17
1 A. That has no application to that situation at all. It
2 is not meant to deal with that.
3
4 Q. What is it designed to cover?
5 A. Confidential information of the Company. Its trade
6 secrets, those kinds of things. There is certain
7 proprietary information.
8
9 Q. You have a concept of proprietary commercial confidential
10 information?
11 A. Yes, we do in the United States.
12
13 Q. So that if somebody went round to Burger King with the
14 formula for the milk shakes, that would be one thing?
15 A. We would be rather upset.
16
17 Q. But if, on the other hand, somebody went and spoke to a
18 union about a grievance, that would not be covered by this
19 provision?
20 A. Not only is it not covered by this provision, but it is
21 their privilege and it is their right under the law of the
22 United States.
23
24 Q. Then it says, "Soliciting: Solicitation of employees who
25 are on working time by outsiders for funds memberships'
26 individual commitment to outside organisations or
27 distribution of literature for any purpose is prohibited"?
28 A. Yes.
29
30 Q. Mr. Stein, does that prevent a union agent, recruiting
31 officer, if I may call him that, from coming into the
32 restaurant in any circumstances?
33 A. Obviously, they are welcome to come into the restaurant
34 as a customer.
35
36 Q. Does it prevent the organiser from speaking to the crew at
37 all times within the restaurant?
38 A. Not speaking to them but they, like anyone else trying
39 to do some soliciting, whether it is an insurance salesman
40 or someone wanting to sell books, we do not want that kind
41 of interruption in our restaurants.
42
43 Q. Does that also apply when they are not working, that is to
44 say, when they are on break?
45 A. When our employees are on a break, say, in their crew
46 room, their facility, they have a right to talk about
47 whatever they want to talk about.
48
49 Q. But could somebody go in there and talk to them?
50 A. Not an outside person, no.
51
52 Q. Then it says: "Solicitation by employees for funds,
53 membership, individual commitment to outside organisations
54 or causes is also prohibited on restaurant premises during
55 such employees' working time or even when not on working
56 time if such solicitation takes place in an area of the
57 restaurant frequented by customers or otherwise interferes
58 with work being performed by other employees."
59
60 Mr. Stein, it may be thought that speaks for itself, and
