Day 130 - 26 May 95 - Page 58


     
     1   Q.   But that would be a massive boom to you, would it not, to
     2        have that kind of employee power at McDonald's, to stop the
     3        production line over safety issues?
     4        A.  Why should they need it if the managers are properly
     5        trained and empowered to react themselves to any safety
     6        matter?
     7
     8   Q.   This would help you greatly in your position as health and
     9        safety or hygiene and safety, as you call yourself, if
    10        employees had that extra sanction on management.  That were
    11        certainly perk up management's responsibility if they knew
    12        that the employee might say: "That is it, we are all
    13        stopping work"?
    14        A.  This is nothing to stop them saying that now.
    15
    16   Q.   Apart from the fact it is probably gross misconduct to
    17        disobey an order.
    18
    19   MR. RAMPTON:  Is that an question?
    20
    21   MR. JUSTICE BELL:  As if it would be gross misconduct if someone
    22        said:  "I am not going to operate that machine, it is
    23        dangerous".
    24        A.  I would not expect it to be.  I do not know the
    25        specifics of our personnel manual, but I would not expect
    26        it to be. What is more we specifically ask crew to point
    27        out to managers if they feel something is unsafe, or if
    28        something looks like it needs repairing.
    29
    30   MR. MORRIS:  So have you ever sent any memos to crew members or
    31        articles in Mac News saying: "If you refuse to work with
    32        what you consider to be any unsafe machinery or practices
    33        that you are asked to do by management -----"
    34        A.  There are plenty of examples saying to crew, if you see
    35        something you think is dangerous, please let a manager know
    36        straightaway.  We not asking them to hide it or carry on
    37        with it, we are asking them to point it out so it can be
    38        addressed.
    39
    40   Q.   If it is pointed out and nothing is done, then they should
    41        be encouraged to take action themselves, should they?
    42        A.  One of the reasons we have rap sessions is so they can
    43        talk to somebody outside of the restaurant if they are
    44        unhappy with about how the restaurant management have been
    45        reacting to their requests.
    46
    47   Q.   So they have to wait 4 months?
    48        A.  They would not have to, they could ring the personnel
    49        department, they could go to the area supervisor.
    50 
    51   Q.   But ----- 
    52 
    53   MR. JUSTICE BELL:  But the reality is, it really depends upon
    54        the manager, be it the store manager, or the shift manager,
    55        taking a responsible view, if one of the crew points out to
    56        him or her that there is something which they think is
    57        dangerous?
    58        A.  Exactly, and the manager is there on the spot.  He is
    59        the best one to judge.
    60

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