Day 121 - 04 May 95 - Page 18


     
     1        A.  Yes.
     2
     3   Q.   -- and someone tries to come to a fair decision?
     4        A.  That is right.
     5
     6   Q.   From time to time it will turn out to be an unfair
     7        decision; you have to look at what has actually happened on
     8        that occasion?
     9        A.  That is correct, my Lord.  I would think it would be an
    10        inappropriate line of action to take, but I am not going to
    11        say it has not happened.  It depends upon the
    12        circumstances, what action we would take when it came to
    13        our attention.
    14
    15   MS. STEEL:  Whether or not the workers said they could not stay
    16        late.  If they said:  "I do not want to say.  This is how
    17        late I can stay" or "I have got no desire to work later
    18        than this."  I cannot say to you:  "I fancy coming in" or
    19         "I fancy staying an extra hour".  It is not a two-way
    20        thing, is it?  The crew cannot say to the manager:
    21        "Tonight I fancy doing an extra hour.  I demand that you
    22        let me stay an extra hour and pay me an extra hour"?
    23        A.  No, they cannot say that.  They can ask to work the
    24        extra hour, and if the Manager feels that that would be a
    25        productive hour unit for the store, he would let them
    26        stay.  If he did not feel it would be a productive hour
    27        unit for the store he would probably say:  "I am sorry
    28        I cannot do it".
    29
    30   Q.   So why should crew members be expected to stay late if they
    31        do not want to?
    32
    33   MR. JUSTICE BELL:  Are they?
    34        A.  I do not think they are.  No, let me put that in a more
    35        positive way.  No, they are.  There may be circumstances.
    36
    37   MS. STEEL:  It is in the contract?
    38        A.  There may be circumstances where a manager has a reason
    39        for asking crew to stop on.  I would have thought, with the
    40        staffing of our restaurants, the number we have there, they
    41        would almost inevitably find someone who wanted to stop on
    42        for extra hours.
    43
    44   Q.   Sometimes there are not people, or there either are not
    45        people or are not enough people who want to stay extra
    46        hours?
    47        A.  I do not know.
    48
    49   Q.   It is in their contract they do have to stay on for extra
    50        hours, whether or not they want to; is it not? 
    51        A.  Can you direct me to that? 
    52 
    53   Q.   Do you know or not?
    54        A.  Offhand I do not.  I do not believe it does.  I would
    55        like you to direct me to it.
    56
    57   Q.   It is in the Crew Handbook?
    58        A.  Which is?
    59
    60   Q.   Pink XI.

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