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.

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