Day 006 - 05 Jul 94 - Page 65


     
     1
         MR. MORRIS:  There is no reservation, with respect.  It is just
     2        that McDonald's failed to bring a witness to refute; that
              is their problem.
     3
         MR. JUSTICE BELL:  Yes, but he says:  "For that reason I have
     4        to find that the dismissal was unfair".
 
     5   MR. MORRIS:  Yes. It means the company basically conceded
              because they did not attend.
     6
         MR. JUSTICE BELL:  What can Mr. Preston add to that?
     7
         MR. MORRIS:  I want to say that he was not aware of that.  If
     8        that happens in this country, would you take that
              situation seriously?
     9        A.  I do not dismiss people for joining a union.  It is
              their right to join a union, if they so choose.  It is
    10        nothing to do with me.  That is solely their choice.
              I said that four or five times now.
    11
         Q.   If some people express an interest in joining a union?
    12        A.  Then they should join.
 
    13   Q.   Why does the company not explain about the right to join a
              union?
    14        A.  Their rights to join a union are fully explained.
 
    15   Q.   In the crew handbook?
              A.  I am sorry, I take exception to that completely. Their
    16        rights to what they can and cannot do are fully explained.
 
    17   Q.   Can we get a copy of the crew handbook and then see if it
              is in there?  Is it explained in the crew handbook?
    18        A.  I am not sure, but their rights as to what they can
              and cannot do are fully explained.  I believe there are
    19        notices on bulletin boards -- certainly have been in the
              past -- I need some help here myself, but their rights to
    20        join whatever they want are known, as are my rights to
              recognise whom I wish or do not.
    21
         MR. JUSTICE BELL:  There may be two issues among others.  The
    22        first is whether McDonald's objects to employees joining a
              union; the second may be whether, if employees happen to
    23        be members of a union and have joined a union, whether
              McDonald's is prepared to negotiate with their union as
    24        representative of its employee members?
              A.  I accept that.
    25
         Q.   So far, it has been put to you, or I think it has been put 
    26        to you, that McDonald's objects to employees joining a 
              union? 
    27        A.  Well, in terms of the British organisation an
              employee's rights are perfectly clear, what they can or
    28        cannot do.  As to joining a union, by law they are
              entitled to; they can do if they so choose.
    29
         Q.   I should have said there may be a third issue which looks
    30        as if it has reared its head in Iceland, which is if
              employees are members of a union, whether McDonald's is

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