Day 138 - 20 Jun 95 - Page 10


     
     1
     2   Q.   It goes on:  "A recent survey of workers in burger
     3        restaurants found that 80 per cent said they needed union
     4        help over pay and conditions".  It is not clear from
     5        reading it whether that is a reference to this country or
     6        to the United States.  Do you know of any such survey?
     7        A.  I do not know.  I have never heard, other than reading
     8        this leaflet, of any such survey, and if that were true,
     9        sir, there would be a great deal of unionisation within
    10        that industry.
    11
    12   Q.   It reads on:  "Another difficulty is that the kitchen trade
    13        has a high proportion of workers from ethnic minority
    14        groups who, with little chance of getting work elsewhere,
    15        are wary of being sacked, as many have been, for attempting
    16        union organisation."   Mr. Stein, two questions about
    17        that:  Within your experience and knowledge of McDonald's,
    18        has any member of an ethnic minority at McDonald's ever
    19        been sacked for wanting to join a union or attempting union
    20        organisation?
    21        A.  No, sir.
    22
    23   Q.   What would be the consequences at law if that should
    24        happen?
    25        A.  Again I think I have mentioned yesterday the National
    26        Labour Relations Act.  One of the key provisions of the
    27        National Labour Relations Act, the NLRB, is that no-one can
    28        be discriminated, terminated or otherwise discriminated
    29        because of any union activity.
    30
    31        There is a very strict process of filing charges before the
    32        NLRB, an investigation by the NLRB, and if any merit is
    33        found for prosecution, if you will, within the agency of
    34        that matter before a tribunal of the agency and the reason
    35        I know vividly is I worked for the National Relations
    36        Board; I tried a lot of those cases.  Then there is an
    37        adjudication of whether or not there is merit, a formal
    38        adjudication, and, if there is merit found, there is an
    39        order of reinstatement.  There is an order of back pay.
    40
    41   Q.   Are you permitted in America to sack people if they go on
    42        strike?
    43        A.  No, you cannot fire people who go on strike.  "Sacking"
    44        is fine; I understand that word.
    45
    46   Q.   You are not permitted to do that either?
    47        A.  No, sir, you cannot.
    48
    49   Q.   Can we just have another look at that little passage?  Just
    50        remind yourself.  I have read it out so I will not read it 
    51        again at the bottom of that column.  Just have another look 
    52        at it and, in particular, the last two lines.  Yes? 
    53        A.  OK.  I think I am following what you are asking me to
    54        do.
    55
    56   Q.   I am going to ask you something else.  You worked at
    57        McDonald's for 21 years.  For some part of that time, at
    58        least, you have been concerned with what we call Labour
    59        Relations amongst your work force, have you not?
    60        A.  Yes, I continued throughout in the greater part earlier

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