Day 138 - 20 Jun 95 - Page 46


     
     1        there anything in the process which ended up with Kahan's
     2        operation being organised that gave you any discomfort?
     3        A.  None whatsoever.
     4
     5   MR. JUSTICE BELL:  Has he stayed as an owner/operator or a joint
     6        venture partner?
     7        A.  Yes, he has.
     8
     9   Q.   How many restaurants does he have now, do you know?
    10        A.  Saul would have 12 to 15.
    11
    12   MR. RAMPTON:  Thank you.  Now, Mr. Stein, we will move a few
    13        miles north to Chicago, but a few years back in time to
    14        1978?
    15        A.  OK.
    16
    17   Q.   The Lyon Webber affair?
    18        A.  Sure.
    19
    20   Q.   Let me read you what the Defendants allege.  It is in two
    21        parts, my Lord, 49 and 112 in the abstract.  The first one
    22        is quite short, Mr. Stein: "In the United States in or
    23        around 1978/79 the Plaintiff was hostile to the union
    24        recruitment drive.  A Chicago labour report criticised
    25        McDonald's for unlawful retaliation methods". Pausing
    26        there, is that true?
    27        A.  No, that is not true.
    28
    29   Q.   Then it is expanded at 112 which, my Lord, is on page 40 at
    30        the top:  "In Chicago in January 1978, following a majority
    31        of vote for union affiliation in a Chicago McDonald's, an
    32        employee who was a member of the hotel and restaurant
    33        employees union".  Is that one of the ones that you
    34        mentioned to his Lordship earlier?
    35        A.  Yes.
    36
    37   Q.   Which specialises in the sort of work that your people do?
    38        A.  That is correct.
    39
    40   Q.   "An employee who was a member of that union asked for union
    41        recognition.  The store management tried to persuade
    42        employees not to join by running an anti-union publicity
    43        campaign".  Before I ask you questions of fact, Mr. Stein,
    44        is this something with which you have personal knowledge?
    45        A.  Yes, I did.
    46
    47   Q.   Were you involved?
    48        A.  Yes, I was.
    49
    50   Q.   I do not know whether this is one store or more, is it? 
    51        Can you remember? 
    52        A.  Sure I can.  The principal store involved was the 
    53        Warbash Avenue store in Chicago.
    54
    55   Q.   That is right?
    56        A.  Lyon Webber are two partners who are owners and Lyon
    57        Webber had a total of 8 stores, if I recall correctly, at
    58        that time.
    59
    60   Q.   Now the pleading, the allegation, goes on as follows: "The

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