Day 301 - 15 Nov 96 - Page 47

     
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     2   MR. MORRIS:   "The catering industry", and then it says
     3        specifically with McDonald's, "McDonald's have a policy of
     4        preventing unionisation by getting rid of pro-union
     5        workers".
     6
     7   MR. JUSTICE BELL:   At the moment, everything under "What is it
     8        like working for McDonald's", let us say that save where
     9        McDonald's are specifically mentioned, like the very top of
    10        the second column, it applies to the whole catering
    11        industry, but, as you said on more than one occasion, of
    12        which McDonald's is a part.  So, it seems to me that
    13        everything on the bottom half of the left-hand column under
    14        "What is it like working for McDonald's"  and in top half
    15        of the right hand column would be related in any reader's
    16        mind to McDonald's, and therefore the bit which is at the
    17        bottom of the left-hand column, "Another difficulty is that
    18        the kitchen trade has a high proportion of workers from
    19        ethnic minority groups who with little chance of getting
    20        work elsewhere are wary of being sacked, as many have been,
         for attempting union organisation."
    22
    23   MR. MORRIS:   Obviously, if you attempt union organisation at
    24        McDonald's, by definition, you must be got rid of, because
    25        it is against the whole Crew Handbook thing.  And -----
    26
    27   MR. JUSTICE BELL:   This is what I am saying is the sting of the
    28        matter.  Just saying we are entitled to the view that
    29        people should have union representation does not help you
    30        decide what this case is about.
    31
    32   MR. MORRIS:   Well, I do not know.
    33
    34   MR. JUSTICE BELL:   I mean, please accept these interruptions in
    35        the mood in which they are put, which is to avoid if
    36        possible you saying "we are entitled to this belief", which
    37        you may be perfectly entitled to, instead of putting
    38        forward your argument on the issues which I have actually
    39        got to decide.  There we are.  Anyway, carry on.
    40
    MR. MORRIS:   Yes, I just think we should be wary of taking the
    42        interpretation that is favourable to McDonald's when the
    43        evidence is favourable to us.  I think Mr. Rampton will
    44        certainly be arguing for some fairly sophisticated lines to
    45        try and overcome the poverty of the evidence on their
    46        side.
    47
    48        We had the case of Ireland which we put to Mr. Nicholson
    49        about the 1979 strike, which was for union recognition and
    50        there being concerns over conditions in the build-up to it,
    51        and then the sacking of two union members for union
    52        activity in 1985, which we heard about.
    53
    54        Mr. Nicholson claimed that company rap sessions for workers
    55        meant that there was no need for unions.  That was day 120,
    56        page 15, line 3.
    57
    58        He denied that crew felt exploited, pushed around, or felt
    59        they got low pay, because "no one has said to me they do".
    60        This is quite significant.  This is day 120, page 20,