Day 142 - 26 Jun 95 - Page 46
1
2 Q. You do not know the right to overtime pay is included?
3 A. No, I do not know.
4
5 Q. You made a number of visits to Germany?
6 A. Yes.
7
8 Q. You have said. When was the last time you were there?
9 A. I was there seven or eight months ago.
10
11 Q. Have you not investigated the conditions that have been
12 negotiated by the union since 1986?
13 A. No, because Labour Relations was not an issue. They
14 are perfectly happy with where they are at and what they
15 are doing. I dealt with other issues, other Human Resource
16 issues.
17
18 Q. Surely, conditions for workers are Human Resource issues?
19
20 MR. JUSTICE BELL: Yes, Mr. Morris ---
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22 MR. MORRIS: Yes, fair enough.
23
24 MR. JUSTICE BELL: -- Mr. Stein, obviously, has very wide
25 ranging responsibilities. If he can give information on a
26 topic, well and good. I must say I am surprised, however
27 able and however retentive a memory he has got, he could
28 take an interest in every topic which might interest you in
29 this case and know something about it. If you think that
30 is a wrong attitude for me to take, ask more questions ---
31
32 MR. MORRIS: It does -----
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34 MR. JUSTICE BELL: -- but any high executive very early on
35 learns the value of leaving some things alone unless he
36 must deal with them, deputing as much as he reasonably can
37 to his subordinates, I would have thought. Napoleon had
38 something to say about that. I am giving you a hint that
39 I am unlikely to hold it against Mr. Stein or feel that his
40 evidence is unreliable because he says he does not know
41 something about this, that or the other.
42
43 MR. MORRIS: Yes, but I think it is helpful to draw conclusions
44 on what things Mr. Stein remembers and what things he does
45 not.
46
47 MR. JUSTICE BELL: You can address me on that in the future if
48 you want to. "Delegation" was the word I was trying to
49 think of.
50
51 MR. MORRIS: Is it your understanding that following
52 negotiations with the union in Germany in 1986, certain
53 employee rights were established which were not in
54 existence previously, such as -- you do not remember
55 overtime but, in general, certain conditions were agreed
56 for the first time at McDonald's?
57 A. Sir, I think I have told you, I did not participate in
58 the negotiations. I strongly encouraged the formation of
59 the association, that they move ahead in that direction.
60 I did not participate in the negotiations. I really do not
