Day 138 - 20 Jun 95 - Page 10
1
2 Q. It goes on: "A recent survey of workers in burger
3 restaurants found that 80 per cent said they needed union
4 help over pay and conditions". It is not clear from
5 reading it whether that is a reference to this country or
6 to the United States. Do you know of any such survey?
7 A. I do not know. I have never heard, other than reading
8 this leaflet, of any such survey, and if that were true,
9 sir, there would be a great deal of unionisation within
10 that industry.
11
12 Q. It reads on: "Another difficulty is that the kitchen trade
13 has a high proportion of workers from ethnic minority
14 groups who, with little chance of getting work elsewhere,
15 are wary of being sacked, as many have been, for attempting
16 union organisation." Mr. Stein, two questions about
17 that: Within your experience and knowledge of McDonald's,
18 has any member of an ethnic minority at McDonald's ever
19 been sacked for wanting to join a union or attempting union
20 organisation?
21 A. No, sir.
22
23 Q. What would be the consequences at law if that should
24 happen?
25 A. Again I think I have mentioned yesterday the National
26 Labour Relations Act. One of the key provisions of the
27 National Labour Relations Act, the NLRB, is that no-one can
28 be discriminated, terminated or otherwise discriminated
29 because of any union activity.
30
31 There is a very strict process of filing charges before the
32 NLRB, an investigation by the NLRB, and if any merit is
33 found for prosecution, if you will, within the agency of
34 that matter before a tribunal of the agency and the reason
35 I know vividly is I worked for the National Relations
36 Board; I tried a lot of those cases. Then there is an
37 adjudication of whether or not there is merit, a formal
38 adjudication, and, if there is merit found, there is an
39 order of reinstatement. There is an order of back pay.
40
41 Q. Are you permitted in America to sack people if they go on
42 strike?
43 A. No, you cannot fire people who go on strike. "Sacking"
44 is fine; I understand that word.
45
46 Q. You are not permitted to do that either?
47 A. No, sir, you cannot.
48
49 Q. Can we just have another look at that little passage? Just
50 remind yourself. I have read it out so I will not read it
51 again at the bottom of that column. Just have another look
52 at it and, in particular, the last two lines. Yes?
53 A. OK. I think I am following what you are asking me to
54 do.
55
56 Q. I am going to ask you something else. You worked at
57 McDonald's for 21 years. For some part of that time, at
58 least, you have been concerned with what we call Labour
59 Relations amongst your work force, have you not?
60 A. Yes, I continued throughout in the greater part earlier
