Day 143 - 27 Jun 95 - Page 29


     
     1        in the store during that time, they are in their crew
     2        room.  It has just become part of practice.  They really
     3        cannot go anywhere within a half hour.
     4
     5   Q.   So are they not allowed out of the store?
     6        A.  No, they are, but it is -- a half hour is not a long
     7        time, and they can go out of the store if they want to.
     8
     9   Q.   But officially they are clocked out because officially they
    10        are considered off duty?
    11        A.  They are clocked out because the state laws require you
    12        to show evidence that people got their breaks.  That is why
    13        they are clocked out.
    14
    15   Q.   They are considered off duty?
    16        A.  That is correct.
    17
    18   Q.   Is it the law that they have to be paid for breaks?
    19        A.  I think in some areas it is and in other areas it is
    20        not.
    21
    22   Q.   Just coming back to the point about whether they are able
    23        to eat their own food or not?
    24        A.  Yes.
    25
    26   Q.   You say they are able to bring their own food in?
    27        A.  Yes.
    28
    29   Q.   How long has that been the case?
    30        A.  As far back as I go, I have seen people bring in their
    31        own food.  You have to remember that some people have
    32        dietary restrictions, some people want something different
    33        than McDonald's.  As far back as I can go, they have been
    34        allowed to bring in their own food.
    35
    36   Q.   So you think it was unreasonable if they were not able to
    37        bring their own food in?
    38        A.  I can tell you what our policy is.  I can tell you what
    39        we think, what we do.  I would like employees to have that
    40        opportunity.  This is, you know, this is not -- there is no
    41        good reason, in my opinion, to restrict them to that
    42        extent.  But, you know, there are different cultures, there
    43        are different societies, there are different settings
    44        around the world.  In the US it is kind of a custom that
    45        people can choose to bring in food or eat what they want.
    46        May be in other countries, in other jurisdictions, may be
    47        it is different, but in the US it would be customary to
    48        think in that fashion.
    49
    50   Q.   So you consider it unreasonable ----- 
    51        A.  No, because I am not going to comment on somebody 
    52        else's culture or custom.  I am talking about the US. 
    53        I learned a long time not to think in a centrist fashion,
    54        that the way it is done in the US is the only way to do it.
    55
    56   Q.   I am not asking you to say that.  I am asking you about a
    57        particular matter.
    58
    59   MR. JUSTICE BELL:  No.  What I suggest, if you have a particular
    60        situation in mind, put that to Mr. Stein, whether it is

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