Day 205 - 17 Jan 96 - Page 30
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2 MR. JUSTICE BELL: Yes, do. Is there something in Mr. Stein's
3 answers which -----
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5 MR. MORRIS: Obviously, we feel that -----
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7 MR. JUSTICE BELL: Not with regard to these specific ones, but
8 where I can imagine, for instance, you will say that the
9 breaches of the rules in this country, that they arise from
10 -- this will be your argument, I anticipate -- the
11 McDonald's system, which is much the same in the United
12 States, and tight scheduling and employing a large
13 proportion of young people; and you say that in this
14 country, as a result, there have been breaches of the law,
15 and I have actually had on one side and the other some oral
16 evidence from that witness box, which is always much easier
17 to handle than Civil Evidence Act evidence anyway; and
18 I suppose you are going to say that if it happens in this
19 country there is no reason why it should not happen in the
20 States. What I am asking you to do now is, can you point
21 me to what Mr. Stein said to Congress as some acceptance of
22 the fact that there had been significant violations in the
23 States?
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25 MR. MORRIS: If we look at page 232, which is the front page of
26 the Congress matters after the index, that is his testimony
27 in writing to the court.
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29 MR. JUSTICE BELL: I go to page 230, the top of the page.
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31 MR. MORRIS: At the front of it there should be two pages,
32 unfortunately out of order, which -----
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34 MR. JUSTICE BELL: I see.
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36 MR. MORRIS: To show that he made written testimony. Then, if
37 we go to page 234, which is immediately behind it -- do not
38 forget, these were already served; I am just identifying
39 the relevant passages -- he then says in the second
40 paragraph: "Very few of our 1726" -- that is in the
41 paragraph above -- "Company operated restaurants received
42 any violation notices." That is in recent enforcement
43 sweeps; so that implies some did anyway. He then goes on
44 to say: "With regard to franchisees, et cetera, 20
45 franchise McDonald's own operators were cited for
46 violations. That is in recent enforcement activity through
47 May 28th -- which is less than one per cent of our total
48 licensees, with less than one per cent of our restaurants."
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51 An important sentence is: "The majority of these violations
52 were primarily hour related." So that is an admission on
53 the character of the citations, which does not surprise
54 me.
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56 Then when you get into his actual testimony, his verbal
57 testimony -- I think we went through this before -- it was
58 established that the crucial page was something -- if we
59 look at page 227, I think that is probably the most
60 succinct part to look at, after Mr. Stein had been chased a
