Day 121 - 04 May 95 - Page 06

     
     1        A.  No.  The legal requirement is three years.  Jill Bond
     2         -- you can obviously ask Jill Bond when she comes -- now
     3        makes this clear in her presentations to the various
     4        courses she lectures on, and that instruction, I believe,
     5        is now presented in the inside front leaf of the accident
     6        book.
     7
     8   Q.   To actually get rid of the accident book after three years?
     9        A.  Not get rid of it, but it must be kept for three years
    10        from the last date.  As I say, they can keep them for as
    11        long as they have got storage room, but that is the legal
    12        requirement.
    13
    14   Q.   On page 6 of his statement he looks at another Defendants'
    15        witness, Omid Shaffibeck, and under point 14 with regard to
    16        overtime rates, He said it was correct that there is no
    17        overtime rate?
    18        A.  Yes.
    19
    20   Q.   However McDonald's pay premium rates for employees who work
         for certain hours?
    22        A.  Yes.
    23
    24   Q.   There is no indication there about your claim that
    25        supervisory grades would do some kind of individual
    26        calculation per crew member to find out if anybody had not
    27        been getting their entitlement.  You said before that has
    28        never been the subject of any memo, or written instruction
    29        or training paragraph or something?
    30        A.  Sorry?
    31
    32   MR. JUSTICE BELL:  What he said was he was not aware.  He could
    33        not refer us to one.  He did not exclude the possibility,
    34        but he could not draw your attention, Mr. Nicholson could
    35        not draw your attention to one.
    36
    37   MR. MORRIS (To the witness):  Has anybody ever asked you about
    38        any supervisory grades, ever asked you about the problems
    39        or differences they were having with checking individual
    40        crew persons' hours and wage rates to check if they were
         not getting their full overtime compliment?  Has anyone
    42        expressed to you any problems about this system or concerns
    43        or difficulties?
    44        A.  Not that I can remember.
    45
    46   Q.   It has not come up as a subject for conversation?
    47        A.  No, I cannot -- it may have done but I cannot bring it
    48        to my mind at the present moment.
    49
    50   Q.   You cannot remember, can you, Mr. Nicholson, because it in 
    51        fact does not happen, does it? 
    52        A.  That does not happen? 
    53
    54   Q.   This thing which you made up before about supervisors
    55        checking individual crew records to find out if their hours
    56        and their remuneration equalled the equivalent of what
    57        would be overtime if they worked over 39 hours?
    58        A.  Right, then the answer to that is, yes, they do.
    59
    60   MR. RAMPTON:  I am just looking at the transcript, Mr.  Morris