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

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