Day 139 - 21 Jun 95 - Page 42
1 That is condition 1. I have said, because I do not want
2 this case to take any more of the enormous time it has
3 already taken, that I will accept the Defendant's witness
4 statements as pleaded allegations. In this case, and
5 I have no doubt in many other cases that are referred to in
6 this slanting way throughout this kind of IUF material,
7 there will be allegations which are neither pleaded nor
8 supported by a witness statement; and so long as that
9 remains the position, I persist in my objection.
10
11 MR. MORRIS: (To the witness) You have said in your evidence --
12 forgetting New York specifically -- that there was no union
13 attempt or petition of any note since 1974 in company
14 stores?
15 A. That is correct.
16
17 Q. Of any note. So there have been other attempts ---
18 A. No.
19
20 Q. -- and interest by unions, but they have not got to a
21 certain stage?
22 A. There clearly has not been any petitions at all
23 since '74, and there has been nothing that has even come
24 close to that. There may have been some union officials in
25 the lobby doing some soliciting, but that would be the
26 extent of any activity.
27
28 Q. As far as the other McDonald's stores, not run by McCop Co,
29 you said the last attempt was six to seven years ago?
30 A. Correct.
31
32 Q. What was that, then?
33 A. That would be in New Jersey, an owner/operator store,
34 and it was done by the teamsters, that I think I made
35 reference to the other day.
36
37 MR. JUSTICE BELL: Can you tell me, Mr. Morris: I remember,
38 I think it is Mr. Pearson's statement it was, about the
39 attitude of catering workers to unionisation in this
40 country and the difficulties which unions have, all of
41 which, without in any way prejudging the matter, I could
42 see might carry some conviction. Now, I can see that if
43 you are going to call him, that is your case in relation to
44 the UK. What is your case in relation to the US? I mean,
45 is it that lots of catering workers in the US would like to
46 be unionised, but there is great resistance to it from the
47 Company, or is it the equivalent of this country, that it
48 would be, you would say, very much in the interests of
49 catering workers to be unionised but, for one reason or
50 another, they are not interested or it is difficult for
51 unions to get hold of them because they are moving around
52 all the time? It has to be one or the other, has it not
53
54 MR. MORRIS: Well, it is both, actually. It is difficult to
55 unionise in catering, because of the conditions of the
56 turnover; and, in McDonald's case, obviously, because of
57 the very young people they employ, and also, obviously,
58 because of the hostility from the companies; and that would
59 go for the UK as well. But, obviously, I do not see any
60 great difference. It is common sense to me, but there you
