Day 301 - 15 Nov 96 - Page 19

     
     1   MR. MORRIS:   So I will continue to read.  "They are at work in
     2        the evenings and weekends", that is true.  "Doing long
     3        shifts".  Can be, many of them have done.  "In hot, smelly,
     4        noisy environments".  That is all obvious common sense and
     5        proven on the evidence.  "Wages are low and the chances of
     6        promotion minimal".  We say that is all proven.  Low,
     7        again, you know, is that a fact or is that a comment?  We
     8        have proved the wages are low, and they are lower than the
     9        European decency threshold; much lower.  You could say they
    10        are indecent.
    11
    12        "Chances of promotion minimal"; in reality that is true as
    13        well.  In other words, you cannot increase -- that is
    14        connected to the wages are low -- your wages through
    15        promotion.  That is not the way, it is not an answer to low
    16        wages to say, yes, but you can get promotion, because
    17        obviously, we worked it out, a tiny proportion of crew who
    18        could possibly become management, it is not an effective
    19        way of the vast majority being able to increase their
    20        wages.  Anyway, it is a non-issue, because Mr. Rampton
         basically has not identified about promotional training in
    22        their Statement of Claim.
    23
    24   MR. RAMPTON:   What?
    25
    26   MR. JUSTICE BELL:   Pause a moment.  I thought you were relying
    27        upon it as an item which went to justification of bad
    28        conditions?
    29
    30   MR. MORRIS:   Yes.  What we are relying on is the fact that you
    31        cannot increase, it is not a method of increasing, the
    32        workers' wages.  The problem of low wages cannot be solved
    33        at all, or even impacted on in any way, by the ability of,
    34        you know, a huge percentage being able to get promotion.
    35        It is just obvious, really.  Do not forget, these are all
    36        the catering industry as a whole.
    37
    38   MR. JUSTICE BELL:   But do you not rely upon what you say is
    39        lack of opportunity from promotion as being a "bad"
    40        condition of employment quite regardless of wages?  Do you
         not rely on it in that context as well?
    42
    43   MR. MORRIS:   Not really, because we do not really see it as an
    44        issue.  The only issue we see it relates to, it is no
    45        substitute for improving wages, you know.  But having said
    46        it is not an issue, it is clear that because of the numbers
    47        involved promotion is a minimal reality.  Obviously, at
    48        McDonald's, they have so many levels of hierarchy that
    49        technically you are promoted when you get your first star
    50        or second star, or something, but it is really salaried
    51        management that we are talking about.
    52
    53        So, to move on, to improve this through trade union
    54        negotiation is very difficult.  That obviously, in terms of
    55        the catering industry as a whole, is an under-statement.
    56        But in terms of McDonald's it is almost a reckless
    57        understatement.  So that clearly applies to the catering
    58        industry as a whole.  There is no union specifically for
    59        these workers, it goes on to say, and the ones they could
    60        join show little interest in the problems of part-timers,