Day 138 - 20 Jun 95 - Page 02

     
     1                                      Tuesday, 20th June 1995.
     2
     3                     MR. RICHARD STEIN, recalled
     4                  Examined by Mr. Rampton QC, continued.
     5
     6   MR. MORRIS:  There is just one document we have served today.
     7
     8   MR. JUSTICE BELL:  Yes.
     9
    10   MR. MORRIS:  It relates to the Philadelphia survey and dispute
    11        on wage rates.  I presume the best place for it is at the
    12        back of the Defendants' expert employment documents file.
    13        I am not sure what number?
    14
    15   MR. RAMPTON:  My Lord, I have not seen it before.  All I ask is
    16        that, if necessary, I should be permitted to speak to
    17        Mr. Stein about it.  I do not think he has seen it either
    18        and, if necessary, ask him questions.
    19
    20   MR. JUSTICE BELL:  When do you think you might get to that?
    21
    22   MR. RAMPTON:  Sometime today; whether it be before the
    23        adjournment or not, I do not know.
    24
    25   MR. JUSTICE BELL:  Bear that in mind in relation to the
    26        adjournment.
    27
    28   MR. RAMPTON:  Then what I might do is to shunt it to the
    29        afternoon and speak to Mr. Stein at lunch time.
    30
    31   MR. JUSTICE BELL:  When it is agreed where to go, I will put it
    32        on one side.
    33
    34   MR. RAMPTON (To the witness):  Mr. Stein, could you recover from
    35        the table beside you the file pink XI, please?  Turn to tab
    36        6.  I want to pick up where we left off yesterday evening
    37        at page 305 in tab 6.
    38        A.  Yes, I have it.
    39
    40   Q.   The bottom paragraph on that page?
         A.  Yes.
    42
    43   Q.   You have explained the second half of that paragraph, we
    44        started on the first two lines of the paragraph, but I want
    45        to start again so that we all get it straight?
    46        A.  OK.
    47
    48   Q.   It says:  "McDonald's reserves the right to amend or modify
    49        the policies in this Handbook at any time without prior
    50        notice.  These policies do not create any contractual 
    51        obligation between McDonald's and its employees."   Does 
    52        that mean what it says? 
    53        A.  It does; it is words of art.  It is legal terms of art
    54        based upon US jurisprudence, if you will.
    55
    56   Q.   Are there any circumstances in which a change of the terms
    57        of the Handbook without notice could give an employee
    58        rights of law against the Company?
    59        A.  Oh, absolutely.
    60