Day 138 - 20 Jun 95 - Page 17


     
     1        A.  That has no application to that situation at all.  It
     2        is not meant to deal with that.
     3
     4   Q.   What is it designed to cover?
     5        A.  Confidential information of the Company.  Its trade
     6        secrets, those kinds of things.  There is certain
     7        proprietary information.
     8
     9   Q.   You have a concept of proprietary commercial confidential
    10        information?
    11        A.  Yes, we do in the United States.
    12
    13   Q.   So that if somebody went round to Burger King with the
    14        formula for the milk shakes, that would be one thing?
    15        A.  We would be rather upset.
    16
    17   Q.   But if, on the other hand, somebody went and spoke to a
    18        union about a grievance, that would not be covered by this
    19        provision?
    20        A.  Not only is it not covered by this provision, but it is
    21        their privilege and it is their right under the law of the
    22        United States.
    23
    24   Q.   Then it says, "Soliciting:  Solicitation of employees who
    25        are on working time by outsiders for funds memberships'
    26        individual commitment to outside organisations or
    27        distribution of literature for any purpose is prohibited"?
    28        A.  Yes.
    29
    30   Q.   Mr. Stein, does that prevent a union agent, recruiting
    31        officer, if I may call him that, from coming into the
    32        restaurant in any circumstances?
    33        A.  Obviously, they are welcome to come into the restaurant
    34        as a customer.
    35
    36   Q.   Does it prevent the organiser from speaking to the crew at
    37        all times within the restaurant?
    38        A.  Not speaking to them but they, like anyone else trying
    39        to do some soliciting, whether it is an insurance salesman
    40        or someone wanting to sell books, we do not want that kind
    41        of interruption in our restaurants.
    42
    43   Q.   Does that also apply when they are not working, that is to
    44        say, when they are on break?
    45        A.  When our employees are on a break, say, in their crew
    46        room, their facility, they have a right to talk about
    47        whatever they want to talk about.
    48
    49   Q.   But could somebody go in there and talk to them?
    50        A.  Not an outside person, no. 
    51 
    52   Q.   Then it says: "Solicitation by employees for funds, 
    53        membership, individual commitment to outside organisations
    54        or causes is also prohibited on restaurant premises during
    55        such employees' working time or even when not on working
    56        time if such solicitation takes place in an area of the
    57        restaurant frequented by customers or otherwise interferes
    58        with work being performed by other employees."
    59
    60        Mr. Stein, it may be thought that speaks for itself, and

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