Day 303 - 19 Nov 96 - Page 23


     
     1        Chicago 1978, we heard how a majority of McDonald's workers
     2        joined an union from Mike Soriano, who gave evidence for
     3        us.  A company took legal action to stop recognition for
     4        the union.  Did they welcome the union, did they welcome
     5        the majority of their workers being interested in
     6        representation?  No, they took legal action to stop it.
     7
     8   MR. JUSTICE BELL: The majority of their workers -- was that the
     9        one where it was a majority at one store and the argument
    10        about-----
    11
    12   MR. MORRIS:  That is right, yes, and we heard from Mr. Soriano
    13        of course, all about that, and his evidence is, as we say,
    14        the only live grass roots evidence, if you can put it that
    15        way, regarding the conditions and culture in the stores in
    16        the USA available in this case from the position of crew.
    17        They were told that they would have to get a majority from
    18        eight stores run by the franchisee.  Instead of being given
    19        a mediator being able to do the impossible and actually get
    20        an union established in one store, they were given yet
    21        another hurdle to overcome.  Of course, he was
    22        discriminated against, we have heard.
    23
    24        Detroit 1980, we heard from our witness that after workers
    25        in the store joined an union the Company organised a visit
    26        by a top baseball star, staff disco, McBingo, games, prior
    27        to elections for union representation.  They managed to
    28        thereby distract, and distract workers, from the issue at
    29        hand, which of course was union representation and, of
    30        course, trying to gain their loyalty, the company tried to
    31        gain their loyalty through these techniques.
    32
    33        The union organiser gave evidence for us about that.  I am
    34        just touching these very briefly because I am sure you have
    35        made notes.
    36
    37        Arkansas, USA 1983, the UFCW Union, which was interested in
    38        recruiting McDonald's workers, was involved in a different
    39        dispute in a chicken processing plant supplying
    40        McDonald's.  The union launched a boycott of McDonald's
    41        McNuggets products, and picketed many of its stores.
    42        Mr. Stein spent up to what he said "80 per cent" of a whole
    43        year fighting the union's campaign.  The only reason
    44        he spent 80 per cent of a whole year is because he saw this
    45        campaign as potentially being able to reach a substantial
    46        amount of McDonald's workers from a well established base
    47        outside McDonald's, and potentially then that McDonald's
    48        workers would start to unionise.
    49
    50   MR. JUSTICE BELL:  What was the evidence in relation to that?
    51
    52   MR. MORRIS:  That is just our conclusion of the effect of the
    53        evidence.  There is no reason why Mr. Stein, who is-----
    54
    55   MR. JUSTICE BELL:  What evidence was there from which I could
    56        conclude that that was so, that they would actually enlist,
    57        recruit, people working in McDonald's stores as a result of
    58        the dispute at the suppliers?
    59
    60   MR. MORRIS:  The evidence I cannot remember, I have not got my

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