Day 124 - 10 May 95 - Page 26


     
     1        vary from person to person to some extent?
     2        A.  That is correct.  That is exactly right.
     3
     4   Q.   So you have to tune it into the new candidate?
     5        A.  That is right.
     6
     7   MS. STEEL:  Questions like:  "What do you think of McDonald's?
     8        Do you enjoy working for them?"  Things like that?
     9        A.  They were not on the exam.  Those questions were not on
    10        the exam.
    11
    12   Q.   If you were not asking direct questions about what
    13        employees thought about trade unions and their attitude to
    14        the Company, you were trying to glean that kind of
    15        information?
    16        A.  Absolutely not.
    17
    18   MR. MORRIS:  The lie detector test was something which any
    19        Manager of McDonald's could authorise at that time; whether
    20        they did or they did not, it was something which they had
    21        the power to authorise?
    22        A.  No.  That is not a fair characterisation.  The Manager
    23        would not be the one that would have the authority to make
    24        that decision.  The owner or operator or franchisee would
    25        authorise the use of the polygraph test and, in the case of
    26        Company restaurants, it would be the Regional Manager or
    27        Officer in charge of that particular area that would do
    28        that.
    29
    30   Q.   But any crew person would be aware that the management,
    31        whether it was the owner/operator or the Company, had that
    32        power somewhere?
    33        A.  No, that is not -- that is not true.  As I indicated
    34        earlier, there were many franchisees as well as some areas
    35        of the Company that did not use polygraph tests.  So they
    36        would not necessarily have knowledge that they would be
    37        given.
    38
    39   Q.   What was the reason that lie detector tests were made
    40        illegal or banned or, effectively, ruled out by the
    41        authorities?
    42        A.  They are still being used.
    43
    44   Q.   You said that when you knew that it was going to be ruled
    45        out, the Company, basically, quite prudently stopped doing
    46        it.
    47        A.  Well, issues were raised around the admissibility of
    48        tests in the use in court where people had committed
    49        offences, and we wanted to prosecute the individual for
    50        dishonest acts.  The use of those tests became inadmissible 
    51        in court.  The fact of the matter is that they are being 
    52        used still with the permission of the individual.  As 
    53        I recall, the law changed where an individual did not have
    54        to take it ---
    55
    56   Q.   Right, I see.
    57        A.  -- did not have to take a polygraph test, and the fact
    58        that the individual refused to take it was not grounds for
    59        the employer not to hire the individual nor ---
    60

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