Day 138 - 20 Jun 95 - Page 34
1 A. My recollection is they had. There was a formal
2 request, but all of it got, I am going to call it mired
3 into unfair labour practice claims, and at the time that
4 I arrived, I believe the unfair labour practice charges
5 against Don Miller had already been lodged and there was
6 this picketing and strike. It was a major turmoil.
7
8 Q. What form did the picketing take?
9 A. Excuse me?
10
11 Q. Sorry, my fault. What form did the picketing take? Was it
12 peaceful?
13 A. No, it was violent.
14
15 Q. In what sense violent?
16 A. There were clubbings, there were fights. I can tell
17 you that after I arrived I was followed several times,
18 threatened. It was very disconcerting, to put it mildly.
19
20 Q. Were you able to resolve the matter in this particular
21 case?
22 A. No, I was not. Don Miller did not live in Puerto Rico.
23
24 Q. Where did he live?
25 A. He lived in Washington DC, a several hour plane ride,
26 if you will. McDonald's has a policy that we expect the
27 owners of the business to live within or nearby the
28 community in which they are doing business.
29
30 Q. Taking that up a moment, would I be allowed, as an
31 owner/operator, to have an inner city restaurant, let us
32 say, Philadelphia, but to live myself in the suburbs; would
33 that be all right?
34 A. If you are within a half hour or so of your business,
35 that might be permitted. In general, however, we would
36 want you to live within the community.
37
38 Q. Is this policy expressed in the franchise agreement or not?
39 A. The way it is expressed is we expect them to spend
40 their full-time and best efforts in running that
41 organisation. We do not want investors. We do not want
42 absentee owners. The purpose of having franchisees, of
43 having joint venture partners, is that they are going to
44 devote themselves fully to that business. So, geographical
45 separation is awfully important; you cannot put in full
46 time and best efforts.
47
48 Q. So, Mr. Miller in Washington DC was too far away from
49 Puerto Rico?
50 A. Not a doubt. No doubt about that.
51
52 Q. Was it suggested to him that he might move to Puerto Rico?
53 A. Yes, that direction came from Fred Turner who was the
54 CEO at that time, and Fred Turner clearly enormously
55 advocates this principle that I was telling you of living
56 within the community.
57
58 Q. I understand that. What was Mr. Miller's reaction to the
59 suggestion he might move house to Puerto Rico?
60 A. He did not want to go.
