Day 301 - 15 Nov 96 - Page 43

     
     1        not have had any ability to challenge management action
     2        against them.  That was also on page 8.
     3
     4        Mr. Nicholson denied the company's refusal to negotiate
     5        with unions was because "they would be more effective at
     6        arguing for better wages and conditions than individual
     7        workers".  Even though that is completely patently obvious
     8        and that is the whole purpose of unions.  That is day 120,
     9        page 14, line 53.
    10
    11        And it seems this is a general feature of McDonald's
    12        witnesses through the case on all issues, that obviously
    13        they are loyal -- virtually all their witnesses have been
    14        people in the employment of McDonald's dependent on them
    15        for their income and obviously committed to the company,
    16        because they are all at management grades or above, and
    17        they are just not capable of questioning or admitting even
    18        the most basic common sense views such as that unions would
    19        be more effective for arguing for better wages and
    20        conditions than individual workers.
    21
    22        You know, I am trying not to have any sarcasm or whatever.
    23        I am trying to say this is a piece of evidence that is
    24        important when evaluating McDonald's evidence and
    25        admissions in this case, that all the admissions that we
    26        have gained have been in the teeth of a complete denial of
    27        reality and attempt to uphold the company line at every
    28        stage, by the vast ----
    29
    30   MR. JUSTICE BELL:   Except there was some evidence about that,
    31        was there not, as to whether, if there was union
    32        representation, things would be any better so far as wages
    33        and conditions are concerned?
    34
    35   MR. MORRIS:   Of course, they will be.
    36
    37   MR. JUSTICE BELL:   You say that, but there is an issue about
    38        it.
    39
    40   MR. MORRIS:   I don't have any issue about it.
    41
    42   MR. JUSTICE BELL:  You may not in your mind, but the fact is
    43        I have got to make a decision on it and I am prepared to
    44        start from this premise, that one would normally think that
    45        a workforce which has organised representation would end up
    46        with better conditions in one way or another, including
    47        pay, than one which does not have organised representation,
    48        but then one has also got to go on and look at the whole
    49        picture and say, "well, would that actually be so here".
    50
    51        And McDonald's have put some evidence forward that it would
    52        not and you have called some specific evidence that it was,
    53        particularly one of your Irish witnesses, but I do not
    54        think it is right just for me to say that because at first
    55        blush one would expect them to be better, therefore the
    56        balance of probabilities is that they would in the case of
    57        McDonald's.
    58
    59   MR. MORRIS:   McDonald's obviously know they would be; that is
    60        why they are so hostile to them.  The reality is, we could