Day 180 - 31 Oct 95 - Page 12


     
     1        unit with, say, 80 full- and part-time staff, I would
     2        expect to see a basic union recognition agreement with two
     3        or three elected, trained shop stewards covering the range
     4        of shifts.  By virtue of union recognition, the restaurants
     5        would have a health and safety at work committee with
     6        trained safety representatives accredited under the Health
     7        and Safety at Work Act, meeting regularly with management,
     8        undertaking regular, joint safety inspections.  A
     9        jointly-agreed grievance and disciplinary procedure would
    10        involve independent trained union representatives available
    11        to represent staff in a fair and competent manner, with
    12        employee access to a full-time union official and other
    13        union legal resources.  There might also be local
    14        substantive negotiations on pay and conditions and
    15        company-wide bargaining, depending on the overall union
    16        density within the operation.  Awareness of statutory
    17        employment rights, including health and safety, wages
    18        councils and the employment of young persons, form a part
    19        of union shop steward training courses.
    20
    21        "Health and safety at work.
    22        16.  I have read the 1992 Health and Safety Executive
    23        Report 'The Management of Occupational Health and Safety in
    24        McDonald's Restaurants Limited'. I note that it states
    25        there were no restaurant safety representatives or safety
    26        committees in the company (paragraph 2.12).  The report
    27        describes the application of the 'hustle' policy as a good
    28        illustration of the culture of the company which 'had
    29        resulted in the conflict between operational requirements
    30        and safety where the need to get the product to the
    31        customer and to maximise sales had taken precedence'.
    32
    33        "17.  The report observes that, for many staff, hustle
    34        meant having to 'run or slide' (paragraph 2.40).  The
    35        system was described as 'putting the service of customers
    36        before the safety of employees' in many restaurants.
    37        I find the HSE report a worrying assessment of company
    38        priorities.  Some practices are inherently unsafe, yet
    39        persist, from my own observations both as a customer and
    40        during site visits.  In work areas with hot surfaces, hot
    41        liquids, electrical machinery and sometimes wet floors,
    42        'hustle' is inherently a high risk culture."
    43
    44        That is all correct so far, is it?
    45        A.  It is.
    46
    47   Q.   Next heading:
    48
    49        "Controlling the cost of labour.
    50        18.  The food control schedules I saw during my two site 
    51        visits came to mind, when I read the detailed guide to 
    52        controlling labour costs (Document headed Profit Unit 
    53        Activity 3), which begins with the statement: 'As you know,
    54        labour costs are controllable in the same way food costs
    55        are.'
    56
    57        "19.  Constantly-monitored food and labour costs control
    58        systems form a disciplined, integrated approach to
    59        cost-management.  Both are monitored on an hour-by-hour
    60        basis, as statements by witnesses Gibney, Alimi and

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