Day 143 - 27 Jun 95 - Page 42


     
     1        I maintain my objection to what Mr. Morris does and has
     2        done throughout this case) to identify the nature of the
     3        document or its source.  In fact, what one should do is put
     4        the question before one ever shows the witness the
     5        document.  I agree it saves time if the witness is allowed
     6        to look at the document, but no identification of the
     7        document or its source must be made.
     8
     9        He can be given a tab number in a file, asked to read
    10        something and then Mr. Morris can ask his questions.
    11
    12   MR. MORRIS:  I just think that is impractical.
    13
    14   MR. RAMPTON:  It is not at all.
    15
    16   MR. JUSTICE BELL:  If the point is taken, it is, in fact, the
    17        right way to do it.  So, do not let us have an argument
    18        about it now.  In case you are going to do it during the
    19        remainder of Mr. Stein's evidence, for instance, you could
    20        just ask him to read the heading, "Mr. Stein, please note
    21        the date, go to the second sheet, and read the three
    22        paragraphs under 'Federal Republic of Germany'".  In other
    23        words, use the absolute minimum, for instance, mentioning
    24        Germany which it is difficult to avoid in order to show
    25        where you are on the page, and then ask whether things
    26        happened or not.
    27
    28   MR. MORRIS (To the witness):  Having read that, Mr. Stein, do
    29        you recall a set of agreements from 1990 that affected food
    30        chains, fast-food catering chains, in Germany that affected
    31        working conditions of employees in that section of the
    32        industry?
    33        A.  I know that at some point in time we had formed an
    34        employers' association that we had spear headed with
    35        fast-food, other fast-food companies, and that agreements
    36        were reached, an agreement with the NGG was reached.  I am
    37        aware of that, but no more specifics than that.  I have no
    38        idea if these terms are correct or incorrect.
    39
    40   Q.   But you recall that an agreement did affect McDonald's
    41        employees' conditions in some way following that agreement?
    42        A.  Yes.
    43
    44   Q.   The third paragraph, do you recall any specific agreement
    45        with the NGG regarding McDonald's and the formation of
    46        works councils at some time around 1990?
    47        A.  No, I cannot.  I know that there were discussions to
    48        try to resolve whatever difficulties there had been from
    49        time to time, but I do not know -- all I know is that our
    50        people were quite pleased and happy with the results of 
    51        that and, apparently, the union was, and it became what 
    52        I call a non-issue for me.  There was not anything to be 
    53        concerned about because it appeared that everybody was
    54        quite content.
    55
    56   Q.   Thank you.  If you turn to No. 45 or 145.
    57
    58   MR. JUSTICE BELL:  That is -----
    59
    60   MR. RAMPTON:  That is in another file.

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