Day 303 - 19 Nov 96 - Page 24


     
     1        full notes, but basically-----
     2
     3   MR. JUSTICE BELL:  You must have it in mind in order to have
     4        said it.
     5
     6   MR. MORRIS:  Basically, Mr. Stein is the McDonald's union
     7        buster; that is clear to me from the effect of his whole
     8        evidence on this issue, these union issues.  You know, he
     9        is a very busy man at a very high up position and there is
    10        no reason he would spend 80 per cent of a whole year unless
    11        it was, you know, central to his whole purpose in life,
    12        which is to prevent unionisation in McDonald's stores.  So,
    13        that is what we would say is the only possible inference
    14        from the evidence that was given on that issue.
    15
    16        Buried in the testimony will be, you know, indications
    17        further indications, about that.
    18
    19        There we go.  Then Ireland 1979, we have heard in detail
    20        about a seven month strike which led to recognition of the
    21        union, but all the key players were got rid of or elbowed
    22        out one way or the another at the end of the strike, the
    23        ones that had survived the seven month strike, but
    24        established a principle which is very important.  However,
    25        in 1985 two union activists in Dublin were dismissed and
    26        won a victory at the Labour Court after claiming
    27        victimisation and unfair dismissal for trade union
    28        activity, and we have a Civil Evidence Act notice on one of
    29        them and evidence from the other.
    30
    31        While we are on the subject of Ireland, Michael Mehigan,
    32        the owner of McDonald's stores in the Republic of Ireland
    33        since 1978, was questioned about the 1979 strike.  He said
    34        that the Company had refused to recognise the union because
    35        "we did not want to lose control of our business".  That
    36        really sums up McDonald's attitude to their workforce,
    37        which is one of control, and if the workers have any kind
    38        of collective organisation or representation or independent
    39        advice then they cannot be manipulated and controlled in
    40        the same way.
    41
    42        After the strike the Company clearly avoided meeting with
    43        the union, which was against the settlement terms of the
    44        strike, refused to give certain jobs back to prominent
    45        union activists, and, as we have heard, a couple of them
    46        went to tribunals as a result of discrimination and were
    47        successful at tribunals.
    48
    49        Anne Casey and Sean Mrozek from the strike came over to
    50        tell about how discontent over low pay and poor conditions
    51        had been the background to the unionisation attempt.  That
    52        is Ireland.
    53
    54        In Denmark between 1980 and 1990 there was a long effort by
    55        trade unions to negotiate with McDonald's, a collective
    56        agreement, and after protracted legal disputes and boycotts
    57        McDonald's recognised the union in 1989.
    58
    59        In Germany, we have heard about the letter in 1979 sent out
    60        from the personnel department with instructions to store

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