Day 142 - 26 Jun 95 - Page 46


     
     1
     2   Q.   You do not know the right to overtime pay is included?
     3        A.  No, I do not know.
     4
     5   Q.   You made a number of visits to Germany?
     6        A.  Yes.
     7
     8   Q.   You have said.  When was the last time you were there?
     9        A.  I was there seven or eight months ago.
    10
    11   Q.   Have you not investigated the conditions that have been
    12        negotiated by the union since 1986?
    13        A.  No, because Labour Relations was not an issue.  They
    14        are perfectly happy with where they are at and what they
    15        are doing.  I dealt with other issues, other Human Resource
    16        issues.
    17
    18   Q.   Surely, conditions for workers are Human Resource issues?
    19
    20   MR. JUSTICE BELL:  Yes, Mr. Morris ---
    21
    22   MR. MORRIS:  Yes, fair enough.
    23
    24   MR. JUSTICE BELL:  -- Mr. Stein, obviously, has very wide
    25        ranging responsibilities.  If he can give information on a
    26        topic, well and good.  I must say I am surprised, however
    27        able and however retentive a memory he has got, he could
    28        take an interest in every topic which might interest you in
    29        this case and know something about it.  If you think that
    30        is a wrong attitude for me to take, ask more questions ---
    31
    32   MR. MORRIS:  It does -----
    33
    34   MR. JUSTICE BELL:  -- but any high executive very early on
    35        learns the value of leaving some things alone unless he
    36        must deal with them, deputing as much as he reasonably can
    37        to his subordinates, I would have thought.  Napoleon had
    38        something to say about that.  I am giving you a hint that
    39        I am unlikely to hold it against Mr. Stein or feel that his
    40        evidence is unreliable because he says he does not know
    41        something about this, that or the other.
    42
    43   MR. MORRIS:  Yes, but I think it is helpful to draw conclusions
    44        on what things Mr. Stein remembers and what things he does
    45        not.
    46
    47   MR. JUSTICE BELL:  You can address me on that in the future if
    48        you want to.  "Delegation" was the word I was trying to
    49        think of.
    50 
    51   MR. MORRIS:  Is it your understanding that following 
    52        negotiations with the union in Germany in 1986, certain 
    53        employee rights were established which were not in
    54        existence previously, such as -- you do not remember
    55        overtime but, in general, certain conditions were agreed
    56        for the first time at McDonald's?
    57        A.  Sir, I think I have told you, I did not participate in
    58        the negotiations.  I strongly encouraged the formation of
    59        the association, that they move ahead in that direction.
    60        I did not participate in the negotiations.  I really do not

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