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,

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