Day 140 - 22 Jun 95 - Page 33


     
     1   Q.   "I contacted Mr. Berkins the day after our meeting.  He
     2        adamantly defended his article as published.  He stands by
     3        his survey of 20 city and 20 suburban restaurants and
     4        maintains that he submitted to the Company in writing a
     5        list of the restaurants contacted."
     6
     7        Did you see that list?
     8        A.  What he did was, he had gone to the telephone book in
     9        Philadelphia, that was his list, and he had randomly
    10        selected some restaurants in Philadelphia.
    11
    12   Q.   So he gave you the list of the stores he had spoken to?
    13        A.  A page out of a telephone book with check marks next to
    14        stores that he had allegedly contacted.
    15
    16   Q.   "He also states that in each case he spoke with a manager.
    17        Mr. Berkins' firm denial surprised and disconcerted me.  He
    18        asked why you would make such a statement, so I forward the
    19        question to you:  why?"
    20
    21        Did you reply to this letter?
    22        A.  I called -- I think I mentioned that I spoke with the
    23        sister a couple of times after this, and we talked about
    24        it.
    25
    26   Q.   So you never gave her a written reply?
    27        A.  No, I did not.  That is not my typical style.  I would
    28        rather contact someone in person and talk things out with
    29        them.
    30
    31   Q.   To make sure it is not on the record?
    32        A.  No, it has nothing to do with that.
    33
    34   Q.   I just wanted to ask about one comment you made about what
    35        the TP ---
    36        A.  TPF & C.
    37
    38   Q.   -- report was doing.  You said the data required for the 33
    39        restaurants was not available because two had closed down?
    40        A.  Yes.
    41
    42   Q.   So you did not have payroll records still existing from
    43        that period?
    44        A.  That is correct.  They had been tossed away, and
    45        I think we had three owner/operators who did not supply
    46        information.
    47
    48   Q.   Even though you had asked for the information in November,
    49        or at the end of 1989, when you did your internal survey?
    50        A.  Yes, that is correct. 
    51 
    52   Q.   I thought franchisees had to make their records available 
    53        to the Corporation?
    54        A.  No, they do not.
    55
    56   Q.   None at all?
    57        A.  Not for payroll records, they do not.  I never said
    58        that.
    59
    60   Q.   Where else would you find the details of hours worked?

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