Day 151 - 10 Jul 95 - Page 24


     
     1        I would sit down with the manager and plan the anticipated
     2        sales.
     3
     4   Q.   You are saying that you ensured that crew were never
     5        scheduled to work more than 39 hours a week?
     6        A.  Right, yes.
     7
     8   Q.   That is what you are saying?
     9        A.  Yes.
    10
    11   Q.   But did you ever sit down afterwards and check whether they
    12        had actually, in fact, worked more than 39 hours a week?
    13        A.  One of the things I would have to do as part of my
    14        responsibilities, again, was to check payroll, and that
    15        would be the correct completion of the clock cards, and
    16        I think we discussed under- and over-18.
    17
    18   MR. JUSTICE BELL:  I mean, granted that the guidelines and the
    19        object is to make sure that no one works more than
    20        39 hours, when you checked the payroll, did you check
    21        that?  Would it matter a fig if someone worked 41 hours?
    22        A.  It would, indeed, so -----
    23
    24   Q.   They would get a paid a higher rate.  I mean, what would it
    25        matter?
    26        A.  It would matter because, in terms of the scheduling
    27        requirements, either we had people not showing up or
    28        somebody was ill or we had not anticipated the sales volume
    29        correctly.  So part of my responsibilities would, again, be
    30        to make sure that people were not working excessive hours.
    31        So I would check it.
    32
    33   Q.   You say "excessive hours".  This is where I have a
    34        problem.
    35        A.  OK.
    36
    37   Q.   To a lot of people, 41 hours would not be excessive, by any
    38        standard.  What concerns me is whether, granted that you
    39        are aiming at not working more than 39 hours, since they do
    40        not get time and a quarter, time and a half, or double pay
    41        for two hours if they work 41, is it really worth you
    42        checking and doing something about it if two people in the
    43        restaurant that week worked 41 hours?  If it is, then say
    44        so and tell me why?
    45        A.  It would certainly raise a question in my mind, and the
    46        manager and I would then -- or I would ask the manager,
    47        perhaps, why, whether it was two hours or 10 hours.
    48
    49   MISS STEEL:  So how often was that happening?
    50        A.  The checking? 
    51 
    52   Q.   No.  How often was it happening that you were discovering 
    53        that crew were working more than 39 hours a week?
    54        A.  To my recollection, not at all.
    55
    56   Q.   Never; you never recall it happening at all?
    57        A.  I do not recall crew.  I can probably remember floor
    58        managers who worked more than 39, but I have no
    59        recollection for any one particular crew member working
    60        more than that, or it being a problem, that is for sure.

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