Day 006 - 05 Jul 94 - Page 67
1 limitation on it at all. Did it mean if there was one
member of a crew in a double MM McDonald's who joined a
2 union, McDonald's were obliged by a Labour Board ruling to
negotiate with that union over rates of pay?
3
MR. MORRIS: I believe the laws are different in different
4 countries. In this country, as far as I can see, there is
no legal right.
5
MR. JUSTICE BELL: No. What is the Labour Board ruling you are
6 putting in Ireland?
7 MR. MORRIS: In Ireland, that if a group, more than one, as far
as I understand it.
8
MR. JUSTICE BELL: If just two joined?
9
MR. MORRIS: Just two in a branch chose to be represented by a
10 union, then they could ask a union official to negotiate
on their behalf with the company.
11
MR. JUSTICE BELL: If that be so, did you know it?
12 A. I know so little about the Irish thing other than it
happened. I am not the person to question about it.
13 There will, I am sure, be witnesses who can talk in great
detail about it. I can offer nothing. I was not there.
14 I was not party to any bit of it.
15 MR. MORRIS: If this situation develops in a local store or has
ever happened in a local store, is that really a matter
16 for the local store to sort out its communication problem
or whatever?
17 A. It is a matter for the company.
18 Q. What do you mean "a matter for the company"?
A. The company McDonald's.
19
Q. Yes, but which part of the company?
20 A. All of it.
21 MR. JUSTICE BELL: No, I think what Mr. Morris is saying -----
A. Who would negotiate?
22
Q. No. Suppose the question of union membership or, rather,
23 suppose a dozen members of a crew in an Irish McDonald's
joined a union, then the union wrote or got in touch with
24 the store manager and said: "We want to negotiate on
their behalf with regard to working conditions and rates
25 of pay", I think what you are being asked is: Would the
manager deal with that or would he refer it to someone up
26 above and, if so, whom and by what route?
A. I am sure it would be referred up above; to whom
27 exactly, I am not sure, although if it was Dublin, I would
imagine it would be the managing director of the operation
28 centred in Dublin. If it was a franchised restaurant, it
would be the franchisee. That individual would probably
29 refer it to human resources either here locally under my
jurisdiction; quite possibly they might do it through
30 Chicago. It depends on the circumstances. It would not
be dealt with conclusively by the restaurant manager. The
