Day 145 - 29 Jun 95 - Page 50


     
     1   Q.   That would go to things such as Company minutes, if they
     2        existed, and records?
     3        A.  If they are pertinent to the matter at hand, sure.
     4
     5   Q.   The fact is, Mr. Stein, if, as you say, the records that we
     6        have intimated we have asked about do not exist, it is
     7        because you have a policy of avoiding having documents that
     8        parties involved in litigation can get access to?
     9        A.  Absolutely not.  This may surprise you, but over the
    10        years I cannot recall many law suits, if any, where I was
    11        required to hand over documents of the nature you are
    12        talking about.  It is not done for that purpose at all.
    13
    14   Q.   One question on the Philadelphia document.  As we have
    15        looked at, the whole range of documents have been provided
    16        by your organisation, McDonald's Corporation, regarding
    17        that dispute, the wage survey dispute, the PUP survey,
    18        various leaflets by PUP and others, newspaper cuttings,
    19        letters with, you know, nuns, Ministers, etc., etc.,
    20        releases issued at the time by the operators, but the most
    21        important document of all, the Towers & Perrin report, was
    22        mysteriously destroyed after the dispute?
    23        A.  I disagree with your characterisation.  I did not keep
    24        any of those documents, if I recall correctly, others kept
    25        them.  I did not keep any of those documents.
    26
    27   Q.   I did not say you kept them.  I said you, the Corporation,
    28        provided them to this hearing, but the key document that
    29        would vindicate McDonald's position, would actually provide
    30        some evidence, is not ----
    31        A.  Wait a second.  What you are calling the "key" document
    32        was something that Towers & Perrin handed over to me that
    33        our owner/operators in order to get them to co-operate in
    34        this survey, they asked me to keep it confidential.  I did
    35        keep it confidential.  After a certain period of time when
    36        the problem was over there was no need to keep it.  As
    37        I mentioned, I did not keep any of the documents with
    38        regard to the Philadelphia matter.  I took everything I had
    39        apparently at some point and discarded it.
    40
    41   Q.   Yes, but you said you offered the document ----
    42
    43   MR. JUSTICE BELL:  We are arguing it again now.  We went through
    44        it before.  This is just rehearsing what you might say to
    45        me if you wanted to in the future.
    46
    47   MR. MORRIS:  I am sure if one of those documents exists it will
    48        be disclosed to us.
    49
    50   MR. JUSTICE BELL:  You have just done yet again what I invited 
    51        not to. 
    52 
    53   MR. MORRIS:  I know.  I could not resist it!  I think we are
    54        very close to finishing.
    55
    56   MS. STEEL:   No further questions.
    57
    58                   Re-Examined by Mr. Rampton Q.C.
    59
    60   MR. RAMPTON:  Mr. Stein, only one thing.  Do you remember

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