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?
