Day 145 - 29 Jun 95 - Page 17

     
     1
     2   Q.   But if you set your rate in a particular store and somebody
     3        came along and said:  "Oh, I am interested in a job but
     4        I want a dollar more than what you are offering", you would
     5        not take them on, would you?
     6        A.  It depends upon their experience, and if they warrant
     7        that dollar based upon their experience.  That is done all
     8        the time.
     9
    10   Q.   If you had two people coming along for a job, they both had
    11        exactly the same experience and references, one of them was
    12        prepared to work for what you were offering and the other
    13        one wanted a dollar more, you would take on the one that
    14        was prepared to work for what you were offering?
    15        A.  No.  The Manager would make a judgment decision on what
    16        is fair and what is equitable and they would move
    17        accordingly.  If you have people in stores treated as
    18        arbitrarily as that, you are going to have problems.
    19
    20   MR. MORRIS:  When we were going into the violations of Child
         Labour Laws you said something -- McDonald's stores have
    22        been involved in violations of Child Labour Laws, have they
    23        not, apart from the one that we looked into?
    24        A.  McDonald's Corporation's stores?
    25
    26   Q.   McDonald's stores, whether they are franchisees or
    27        Corporation stores?
    28        A.  Let me be very specific.  There has never, to my
    29        knowledge, on the Corporation been a finding of any child
    30        labour violation.  Operator stores, there have been some.
    31
    32   Q.   Do you know anything about the Department of Public health
    33        in the Boston area?
    34
    35   MR. RAMPTON:  My Lord, again I ask for the reference in the
    36        pleadings or the witness statements before this proceeds
    37        any further?
    38
    39   MR. JUSTICE BELL:  Where is it, Mr. Morris?
    40
    MR. MORRIS:  We have pleaded about violations of labour laws.
    42
    43   MR. JUSTICE BELL:  Yes, but you have pleaded specific ones and
    44        you must restrict yourself to specific ones.  Mr. Stein has
    45        just said that never to his knowledge has there been a
    46        finding of a child labour violation at a McOpco store.  If
    47        you have got evidence that his state of information is
    48        wrong, you produce it.
    49
    50   MR. MORRIS:  Yes.  I am going to refer to the specific examples 
    51        of violations of Child Labour Laws at McDonald's stores. 
    52 
    53   MR. RAMPTON:  My Lord, I insist on seeing the documentary or
    54        whatever other basis there is for this question.  There is
    55        no pleading.
    56
    57   MR. JUSTICE BELL:  The whole point of not being able to suddenly
    58        produce these things in a cross-examination is that if you
    59        give due notice of them by a proper pleading or of serving
    60        a statement which relates to them, it gives the other side