Darryl R. and Kristi L. Stephens - Page 10




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          continue working.  NWA gave Mr. Stephens no end date for his                
          position in Minnesota.  NWA no longer required Mr. Stephens to              
          perform any services whatsoever in Georgia once he was bumped.              
          Mr. Stephens introduced evidence that he searched for work in               
          Georgia and actually accepted a position at Lockheed Martin that            
          ultimately was not available due to a hiring freeze.  Although              
          Mrs. Stephens and the family remained in Georgia with occasional            
          visits from Mr. Stephens while he worked in Minnesota, this fact            
          alone does not dictate that Mr. Stephens’ tax home was in                   
          Georgia, where the family residence was located.  Unlike                    
          traveling salespersons who may be required to return to the home            
          city occasionally between business trips, Mr. Stephens’ business            
          ties to Georgia ceased when he was bumped.                                  
               The Court understands that the NWA mechanics’ lives were               
          unsettled and disrupted.  Mechanics did not know how long they              
          would have a job in one specific location.  They only knew the              
          system was based on seniority.  They could bump less senior                 
          employees, and they could be bumped by more senior employees.               
          While we acknowledge that Mr. Stephens would have liked to return           
          to Georgia, Mr. Stephens did not know when such a return would be           
          possible due to the NWA seniority system and the Georgia job                
          market.  The likelihood of Mr. Stephens’ return to an NWA                   
          position in Georgia depended on NWA’s needs for mechanics there             
          as well as the choices of more senior mechanics.  Mr. Stephens              







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Last modified: November 10, 2007