Day 121 - 04 May 95 - Page 16


     
     1        will be in a position where he has got to go:  "I am sorry,
     2        but I must get the store closed and I need you to work",
     3        but I would have thought that would be extremely rare.  Any
     4        reasonable manager would try to meet the requests of the
     5        crew person.
     6
     7   MR. MORRIS:  So, on those rare occasions where a crew member
     8        would not be allowed to go home, it would be those rare
     9        occasions where they did not have enough to complete the
    10        close without that person; is that correct?
    11        A.  Well, I have no doubt it happened, but a reasonable
    12        manager would put the case to him and a reasonable crew
    13        person would say:  "All right then, let me make a phone
    14        call" or whatever.
    15
    16   Q.   But, if on rare occasions -- as you said, it is rare
    17        occasions -- that a crew person was basically told they
    18        could not go home and had to complete the close -----
    19        A.  Well, again, I am in the world of make-believe again.
    20        I have never been in that situation.  I am just telling you
    21        what I expect would take place.  There would be some give
    22        and take on both sides.
    23
    24   Q.   But management has that power to do that if they cannot
    25        complete -- I am just trying to establish -----
    26
    27   MR. JUSTICE BELL:  If it comes to a confrontation and they
    28        cannot sort it out, the Manager has the right ---
    29        A.  Has the ultimate right to say:  "Well, you have got to
    30        stay".
    31
    32   Q.   -- to say:  "Well, if you go, you are going in breach of my
    33        instruction"?
    34        A.  That is right.
    35
    36   Q.   It would be a strange world if that did not happen?
    37        A.  And I am sure it must have happened at times.
    38
    39   Q.   What I may have to sort out is whether it is happening
    40        quite a lot or whether it is just one of those
    41        confrontations ---
    42        A.  Yes.
    43
    44   Q.   -- which do happen from time to time?
    45        A.  I would have thought if it happened a lot that would
    46        become known very quickly in the region.  It would be
    47        brought to the attention of the regional supervisory staff
    48        and to the regional personnel staff who would take the
    49        appropriate steps to correct it.
    50 
    51   MR. MORRIS:  So, it would be corrected because it is something 
    52        that you would not want to see happening? 
    53        A.  Correct.
    54
    55   Q.   If it did happen, is it an indication of poor personnel
    56        practice?
    57        A.  I do not know, I cannot .....
    58
    59   Q.   Under-staffing may be?
    60        A.  I do not know what would be the reason.

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