Day 182 - 02 Nov 95 - Page 49
1 the case. Is there anything in the union agreement which
2 stops McDonald's from paying a higher wage if they wanted
3 to?
4 A. No, as long as -----
5
6 MR. JUSTICE BELL: He has already given that evidence,
7 Ms. Steel.
8
9 MS. STEEL: No, but not just in relation to performance related
10 pay.
11
12 MR. RAMPTON: I do not know how that arises out of it either.
13
14 MR. JUSTICE BELL: That could not possibly be so; I cannot
15 imagine a union in the world which would enter into an
16 agreement which stopped the employer paying more than the
17 minimum wage agreed in the agreement.
18
19 MS. STEEL: Neither can I, but it is just the implication of
20 something Mr. Rampton said.
21
22 MR. JUSTICE BELL: They might just as well hang up their
23 plimsolls and go home if that is what their union agreed.
24
25 MS. STEEL: No, I agree, but it is just the way that
26 Mr. Rampton put something.
27
28 MR. JUSTICE BELL: I have no doubt about it.
29
30 MR. MORRIS: I do not have to deal with that one then. I was
31 not sure whether the ventilation matter was entirely
32 clear. There was one point about it. Mr. Rampton was
33 trying to present it in a certain way as being just a kind
34 of routine, if slightly delayed repair. (To the witness):
35 Mr. Jenssen, when you complained about the -- when the
36 union complained about the -- I am not sure if this was
37 dealt with accurately or not.
38
39 MR. JUSTICE BELL: I think he has, what he said -- I am sorry to
40 interrupt you yet again, but I think sooner or later we
41 have to get to grips with what the purpose of
42 re-examination is -- it was put to him that from time to
43 time there were repairs to be made to equipment, and the
44 management was a bit sleepy about them getting them done.
45 Mr. Jenssen has made it quite clear to me that was not this
46 case here; that the case here was that the ventilation
47 system was inadequate for the job it was supposed to do.
48 It was not a question of lack of repair or maintenance. It
49 was not until the union came in that McDonald's got on and
50 replaced it with an adequate system.
51
52 MR. MORRIS: But they were ordered to replace it by the Labour
53 Board, or whatever it was. That is what he said, I think.
54
55 THE WITNESS: That is what I said, yes.
56
57 MR. MORRIS (To the witness): That is correct? OK. No further
58 questions.
59
60 MR. JUSTICE BELL: No, thank you. Thank you for coming,
