Day 139 - 21 Jun 95 - Page 39
1 what happened is pretty much the account you have given
2 over the dispute as to what the unit would be; and if the
3 report does not expressly say that Hawaii and New York are
4 McDonald's matters, I can see that other businesses
5 altogether which had more than one outlet in an area might
6 raise the same argument?
7 A. It is a common issue.
8
9 MR. JUSTICE BELL: That is what you said before.
10
11 MR. MORRIS: How long had these size of units disputes or
12 arguments been going on; had they been going on for
13 decades?
14 A. Oh, absolutely.
15
16 MR. JUSTICE BELL: Were they going on when you worked for the
17 Board?
18 A. Yes, they were. In fact, I wrote many; I was a hearing
19 officer for many. Absolutely, common.
20
21 MR. MORRIS: Can you remember at any time petitions being filed
22 in New York regarding McDonald's and unions or franchisees?
23
24 MR. RAMPTON: My Lord, I think Mr. Morris is now fishing.
25
26 MR. MORRIS: I am entitled to ask.
27
28 MR. RAMPTON: No, he is not entitled to ask. He is now fishing
29 for a case which he has not pleaded. He has evidently had
30 this document -- and it is only a document and a slanted
31 document for which there is no evidence in support -- for a
32 very long time. It was open to him to have pleaded some
33 kind of malpractice in New York, had he wished to do so.
34 He has not done so. He is now fishing.
35
36 MR. JUSTICE BELL: Well -----
37
38 MR. MORRIS: That is ridiculous.
39
40 MR. JUSTICE BELL: Quite apart from what Mr. Rampton has said,
41 there are two things: first of all, you have the witness
42 has said he does not recall a dispute in Hawaii and
43 New York; secondly, I do not read that as necessarily
44 saying it was McDonald's in Hawaii in New York, as opposed
45 to an argument which had been raised in some NLRB
46 jurisdiction and a few in Hawaii and New York; and,
47 thirdly, there is nothing there, on the face of what is
48 written there, which suggests anything for which McDonald's
49 could be criticised in Hawaii and New York.
50
51 MR. MORRIS: I am asking that the -----
52
53 MR. RAMPTON: No, my Lord. That is why I said Mr. Morris is
54 fishing.
55
56 MR. JUSTICE BELL: You see, you have gone beyond -- if you have
57 the basis of some allegation for Hawaii or New York, tell
58 me about it, and we can decide whether you should have
59 leave to amend formally or informally to bring it in at
60 this stage. If you read again what Neil LJ said, which is
