Day 187 - 13 Nov 95 - Page 25


     
     1        as we have had before, but rather the reverse of it.  They
     2        could not collect the 50 from any one individual
     3        restaurant, but over the 12 they had the 50; and McDonald's
     4        France confirmed that it was, in effect, one franchisee who
     5        was running all the restaurants.  So, provided they got 50
     6        from the 12, they got the accreditation.  Is that how you
     7        understand it?
     8
     9   MR. MORRIS:  My understanding is that they opposed -- they said
    10        that the stores were all separate enterprises.
    11
    12   MR. JUSTICE BELL:  Yes.  That is another way of putting what
    13        I have tried to put.
    14
    15   MR. MORRIS:  You may remember, it is the opposite of what -----
    16
    17   MR. JUSTICE BELL:  In effect, the court ruled that it was one
    18        concern, so they could collect the minimum of 50 from any
    19        one or all of those stores.
    20
    21   MR. MORRIS:  Yes.  I am not sure on the membership.
    22        (To the witness):  How many members did the union have in
    23        Lyon stores?
    24        A.  I am not sure of the exact number -- about 100.  Since
    25        I have been union representative, I have seen about 400
    26        different employees about problems that they faced within
    27        their restaurants.
    28
    29   Q.   So when he said -- sorry.  When you say "seen", does he
    30        mean interviewed?
    31
    32   MR. JUSTICE BELL:  Well, he has talked to them?
    33        A.  The employees come to his office and expose the
    34        problems that they have in their restaurant.  I write down
    35        the problems; I go to the restaurants to check on these
    36        problems; I talk to the person responsible within the
    37        restaurant; and, if nothing is done, I bring in the works
    38        inspectorate.
    39
    40   Q.   When you mentioned 50 workers, was that because the union
    41        is entitled to recognition if it has 50 members working for
    42        a particular employer?  What was the significance of the
    43        50 employees?
    44        A.  It is nothing to do with being a member of the CFDT.
    45        French law says that when a company employs more than
    46        50 workers on a full-time basis, they then have the right
    47        to the creation of a works council for any company; and,
    48        for this reason, McDonald's Lyon refused my designation.
    49
    50   Q.   Is there the same qualification for entitlement to a 
    51        representative, a staff representative? 
    52 
    53   THE INTERPRETER: I am sorry, I do not quite understand.
    54
    55   MR. JUSTICE BELL:  French law says that when a company employs
    56        more than 50 workers on a full-time basis, they then have
    57        the right to the creation of a works council.  Do they then
    58        also have the right to a staff representative?
    59        A.  No.  For a staff representative, there must be more
    60        than 11 workers in the company.

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