Day 174 - 17 Oct 95 - Page 17


     
     1        17th October?
     2        A.  Yes, it is.
     3
     4   Q.   The union is referring the matter to the Labour Court as a
     5        dispute -- "concerning the refusal to apply the terms of
     6        the first phase of the National Understanding", and asking
     7        for a conciliation conference.
     8
     9        The question is:  the National Understanding then was part
    10        of the agreement that you made with the union at the end of
    11        the -- when the recommendations of the Labour Court to
    12        negotiate ---?
    13        A.  The National -----
    14
    15   Q.   -- and recognise the union?
    16        A.  Yes.  The National Understanding was a national pay
    17        agreement that applied to everybody.
    18
    19   Q.   Right.  The union was concerned that they should be
    20        involved in representing their members to ensure that this
    21        National Understanding was implemented at McDonald's; is
    22        that correct?
    23        A.  By way of this correspondence, that is correct, yes.
    24
    25   Q.   Right.  Part of the National Understanding is that the
    26        unions be involved in negotiations and representing their
    27        members; is that correct?
    28        A.  Yes, that is correct, in the negotiation of the
    29        agreement.
    30
    31   Q.   Then on page 13 of those documents on the -----
    32
    33   MR. JUSTICE BELL:  What page is that, and I will number my own.
    34        What page is 17th October?
    35
    36   THE WITNESS:  Page 11, my Lord.
    37
    38   MR. MORRIS:  Page 11, I think.  (To the witness)  You said in
    39        your second paragraph, responding to that previous
    40        letter: "It is quite correct to say the ITGWU had a
    41        discussion with our Company in relation to the National
    42        Understanding at our last meeting."
    43
    44        Then you have said there that you had explained to the
    45        union that you had already implemented the National
    46        Understanding and, therefore, there was no problem, but
    47        obviously the union did not agree.
    48
    49        So why did you not meet up with the union afterwards, as
    50        would be traditional, so that they could represent their 
    51        members and ensure that the National Understanding that had 
    52        been agreed was implemented properly? 
    53        A.  I did not consider it necessary, when I had implemented
    54        what they wanted implemented.
    55
    56   Q.   But they did not agree that you had implemented what they
    57        wanted implement; and they had a right to put that view to
    58        you, did they not, to meet with you?
    59        A.  Sorry, can you point me to where they indicated they
    60        did not agree.

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