Day 148 - 05 Jul 95 - Page 19
1 questions on the third sheet?
2
3 MS. STEEL: Unfortunately, I did not bring mine with me, but,
4 as I recall, they do not actually have the questions
5 there. It is summarised by a few words or something like
6 that.
7
8 MR. RAMPTON: My Lord, the comparison is with file page 104 in
9 the Operations and Training Manual which is pink X which is
10 the American version of the questionnaire. I do not in the
11 least bit mind. I am looking to see whether we can find a
12 copy of the English one in blank and, if so, disclosing
13 it. I think the evidence is that the English one is very
14 similar to the American one.
15
16 MR. JUSTICE BELL: Let me just have a look. It is coming back
17 to me now. Having seen page 104, and having seen the third
18 of H, I had assumed that they were in the rather laconic
19 form on the third page of H, but there is no harm in just
20 seeing -----
21
22 MR. RAMPTON: No. I did actually ask one of the witnesses
23 whether the English questionnaire was the same or similar
24 to the American one. I think she said, yes, it was similar
25 but not identical. I am not opposing that.
26
27 MR. JUSTICE BELL: You will dig that out.
28
29 MR. RAMPTON: Yes.
30
31 MR. MORRIS: I am just checking something. The next one is the
32 document showing length of employees' stay in the USA. It
33 is not really Beaver's date, 123; it was really referred to
34 by Robert Beavers senior vice president on day 4 which was
35 30th July, last year. It was on page 58 of the
36 transcript. It is between line 36 to line 1 over the page
37 on 59 and effectively it says: "Do you keep statistics on
38 how often people quit and what length of time they stay
39 there?" He says: "Yes, but it is vague; we do have
40 employment records". You said to him: "I think you are
41 being asked a specific question which would show that any
42 documents or statistics would show some light on whether or
43 not it is usual or unusual for workers to leave McDonald's
44 after something like four or five weeks." Answer: "We
45 have records that would show the average tenure" -- it has
46 actually got "10 year", but it should be "tenure" -- "of
47 our employees, yes, that would show the amount of time that
48 our employees would work, sir." You asked him: "Might
49 they show what proportion, if any, of the people employed
50 by McDonald's leave in the first week, in the first month,
51 in the first three months, in the first six months, things
52 like that?" Answer: "Yes, we could have information like
53 that, yes." He says: "We could have information like
54 that". When Mr. Stein was asked about this he said "Well,
55 Mr. Beavers has got it wrong"; but then he said that
56 information would be available in local stores.
57
58 It seems to me that this information is available in the
59 power, control and possession of the Plaintiffs, the First
60 Plaintiffs, in the United States. It is a question really
