Day 143 - 27 Jun 95 - Page 23

     
     1   MR. JUSTICE BELL:  Can I just ask you what you are aiming here
     2        for, because I have tried to intervene, obviously not very
     3        helpfully, about 20 minutes ago about this.
     4
     5        I did not think there was any issue that the Store Manager
     6        or the franchisee, if he is actually running the store
     7        himself, has power to do all these things; ultimately, he
     8        must have or there would not be an employer/employee
     9        relationship.
    10
    11        Where Mr. Stein drifts away from what you are putting is
    12        that he would say that these things are generally worked
    13        out by agreement to the satisfaction of all, and you do not
    14        have head to head confrontations very often -- that is the
    15        drift of his evidence -- whereas you are, as I understand
    16        it, trying to put a more authoritarian system.  If that is
    17        so, it is not what power there is, it is the exercise of
    18        the power where the issue is.
    19
    20   MS. STEEL:  If a close is not completed in the expected length
         of time, employees would be expected to stay, would they
    22        not?
    23        A.  They would generally be asked if they are willing to
    24        stay, and volunteers would be asked for.  Again it needs to
    25        be in compliance with Company policy in that area.
    26
    27   Q.   Anyone who did not agree to it, if they were told, could
    28        either -- apart from any disciplinary action, there is also
    29        a common practice of scheduling workers for less hours than
    30        they want if they are not going to be co-operative about
    31        staying late?
    32        A.  No.  See, I think there is a basic misunderstanding
    33        between how you think employers and employees should work
    34        together, and the way we think.  Our goal is to have
    35        satisfied customers.  You can only have satisfied customers
    36        if you have satisfied employees.  If your employees are not
    37        happy with what you are doing, they are going to not serve
    38        your customers the way you want.  You want your customers
    39        to be happy and you want them to come back.  So, if you act
    40        surly because are you are unhappy with your employer, that
         does not suit us at all.
    42
    43        We want satisfied employees.  Therefore, we work with them
    44        and are flexible with them and do not follow some strict
    45        rules or take advantage in any way.  These are things that
    46        need to be worked out mutually so that everyone is
    47        satisfied, so that McDonald's is a fun place to work and
    48        they, in turn, satisfy the customers.  That is the whole
    49        theory and process.  Apparently, you and I have some basic
    50        disagreement on how people should be treated. 
    51 
    52   MR. RAMPTON:  My Lord, I wish to record for the transcript 
    53        (because I shall use it later on in this case) Ms. Steel
    54        and Mr. Morris, Ms. Steel in particular, seemed to find the
    55        whole of that answer comical.
    56
    57   MS. STEEL:  I am quite happy for that to be on the transcript.
    58        (To the witness):  Why do you not give them -----
    59
    60   MR. JUSTICE BELL:  Look, you have to leave it there because you