Day 139 - 21 Jun 95 - Page 46
1
2 MR. JUSTICE BELL: It may be, but I just do not know.
3 (To the witness) Anyway, you say not so?
4 A. Absolutely not so, my Lord.
5
6 MS. STEEL: While we have this file open -----
7 A. Excuse me.
8
9 Q. Just while we have this file open, could you turn to
10 tab 70, please? Sorry, it is 170, but it is marked 70.
11
12 MR. JUSTICE BELL: It is 70 in the bundle, Mr. Stein.
13 A. OK.
14
15 MS. STEEL: If you turn to the last page of that. This is what
16 we were talking about this morning.
17 A. Mr. McCale?
18
19 Q. Yes. If you just read that.
20
21 MR. JUSTICE BELL: Just read it to yourself (Pause)
22 A. OK.
23
24 MS. STEEL: Is that report correct?
25 A. We would have to go through it, because there is a lot
26 here.
27
28 Q. I mean, it looks as though the complaints filed were --
29 I think that is more or less what you said this morning.
30
31 MR. JUSTICE BELL: The first two paragraphs would broadly accord
32 with your recollection of the matter, would they not?
33 A. Broadly, my Lord. The problem that I am having is the
34 word "complaints", first of all. To me, that is a word of
35 art in the US.
36
37 Q. That is the actual prosecution process having started, is
38 it?
39 A. That is correct -- where they issue a formal
40 proceeding. There was no formal proceeding in this
41 matter. The specific allegations of excessive hours,
42 breaks, employment certificates, I would agree. In the
43 recordkeeping, I would agree.
44
45 MS. STEEL: Is it correct that Mr. McCale had been a McDonald's
46 franchisee for 30 years?
47 A. OK. I do not know that. I think I had mentioned that
48 it was 10 years or more. I know he had been with us a long
49 time, but I really did not know how far back.
50
51 Q. So that could well be right?
52 A. It is possible.
53
54 Q. Right.
55 A. I think the fact that he had not seen a complaint is
56 right, because there never was one. The fact that this was
57 the first time there had ever been an issue, that is
58 correct. Also, it says Pennsylvania authorities. My
59 recollection is that it was more local than state, but
60 whether that matters -----
