Day 187 - 13 Nov 95 - Page 24


     
     1
     2   MR. JUSTICE BELL:  It is the very last bit which -----
     3
     4   MR. RAMPTON:  Yes, I agree.  I can tell your Lordship that B is
     5        accepted as being accurate.
     6
     7   MR. JUSTICE BELL:  Then, read that out, Mr. Morris.
     8
     9   MR. MORRIS:  Right.  "On 1st July 1993, Judge Lacroix, President
    10        of the Tribunal D'Instance of Lyon, found in favour of the
    11        union (CFDT) in securing representation for the 12 stores
    12        despite objections from a McDonald's franchisee."
    13
    14   MR. JUSTICE BELL:  That is what is accepted by your clients,
    15        Mr. Rampton, is it?
    16
    17   MR. RAMPTON:  Yes, my Lord; that is accepted as being accurate,
    18        as far as it goes, yes.
    19
    20   MR. MORRIS:  (To the witness): Can you just explain what the
    21        objections were?
    22        A.  When I was designated by the union in 1992, the
    23        management of McDonald's Lyon contested my designation.
    24        They took this matter before a hearing; and, after a year
    25        of investigation, Judge Lacroix, after an investigation,
    26        found in favour of the union on this point and of myself,
    27        for my designation as union representative, and for the
    28        creation of a works council.
    29
    30   Q.   What was the objection of the McDonald's stores to the
    31        union representative and works council?
    32
    33   MR. JUSTICE BELL:  On what basis did the management of the
    34        12 stores object before the judge to Mr. Lamti's
    35        designation and the approval of the union, recognition of
    36        the union -- sorry, to the creation of a works council?
    37        A.  The McDonald's management contested my designation
    38        because they said there were less than 50 workers
    39        throughout the restaurants in Lyon; secondly, they said
    40        that the restaurants, the McDonald's restaurants in Lyon,
    41        were not headed by the same manager.  When I wrote to
    42        McDonald's France, they confirmed that Michel Antolinos was
    43        the franchisee for McDonald's Lyon.
    44
    45   Q.   Sorry, for all the stores?
    46        A.  For all the McDonald's in Lyon; and the works
    47        inspectorate carried out an investigation and gave their
    48        opinion to Judge Lacroix.
    49
    50   MR. MORRIS:  I do not know if that is 100 per cent clear? 
    51 
    52   MR. JUSTICE BELL:  I think I understand that. 
    53
    54   MR. MORRIS:  Can I just say -- could I ask a leading question?
    55        I will tell you what it is first.
    56
    57   MR. JUSTICE BELL:  Let me put my understanding, and then I can
    58        be corrected if I am wrong.  50 of the people working were
    59        required to be members of the union, if there was to be a
    60        works council and a representative.  It is a bit the same

Prev Next Index