Day 196 - 06 Dec 95 - Page 27


     
     1
     2   MR. JUSTICE BELL:  The matter I wanted to raise in case you have
     3        dealt with page 5, is to make sure I understand exactly
     4        what is being alleged about two hours being docked off
     5        their time and clock cards being altered, just exactly what
     6        was done.  Can you tell me that?
     7        A.  In my early time as an assistant and when I was first
     8        Manager the hourly paid workers were actually paid on a
     9        manual clocking in card, so that came in.
    10
    11   Q.   Take it slowly.
    12        A.  They have to come in, punch the clock card, clock out
    13        for breaks, clock back in again and then clock out at the
    14        end of the day.  It was then a manual job for the Manager
    15        or Assistant Managers each day to physically add up with a
    16        calculator the number of hours worked minus the unpaid
    17        break, and then just write an hour figure on the clock
    18        card.
    19
    20        Once a week, on a Sunday, we would actually sit down and
    21        fill that on to a payroll sheet.  That would actually give
    22        the person the hours they worked that they were actually
    23        getting paid for.  What the practice was, if someone had
    24        actually done 42 hours, you would put down 41 or 40.
    25
    26        Another thing that could happen, if someone had actually
    27        clocked out -----
    28
    29   Q.   Yes, and then what happened?
    30        A.  What happened is -----
    31
    32   Q.   What about the clock cards?
    33        A.  The clock cards, to my knowledge, were all in the roof
    34        the last time I was at the restaurant.
    35
    36   Q.   Were they altered in any way?
    37        A.  Just the end totals would be altered.
    38
    39   Q.   Not an entry on the clock card?
    40        A.  No.  You would end up with a pencil or an ink -- six
    41        hours, for example, and when that was transferred on to the
    42        actual payroll itself it would change.
    43
    44   MR. JUSTICE BELL:  Yes.
    45
    46   MR. MORRIS:  These practices were going on, were they, when
    47        Colchester store was chosen as Store of the Year?
    48        A.  They would have been happening then, yes.
    49
    50   Q.   Also the food watering down practices? 
    51        A.  That would have been happening then, yes. 
    52 
    53   Q.   Obviously, Mark Davis was the Manager.  Would Frank Stanton
    54        have known about these things as well?
    55        A.  If my memory serves me correctly, he actually
    56        instigated or, not so much instigated, or help set things
    57        up, some of the ideas, so he would have been aware of what
    58        was happening.
    59
    60        As far as the food cutting and the paper cutting costs,

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