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Once petitioner was bumped from Minneapolis, he had no job
to return to there. His choices were to be laid off and have no
work, or to bump other employees and move to different cities to
continue working. NWA gave petitioner no end date for his
positions in Milwaukee and Detroit. NWA no longer required
petitioner to perform any services whatsoever in the Minneapolis
area once he was bumped. Although petitioner maintained a
residence in the Minneapolis area and returned there occasionally
to stay at the residence, this fact alone does not dictate that
petitioner’s tax home was in Savage, Minnesota, where the
residence was located. Unlike traveling salespersons who may be
required to return to the home city occasionally between business
trips, petitioner’s business ties to the Minneapolis area 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 petitioner would have liked to return
to the Minneapolis area to work for NWA, petitioner did not know
when such a return would be possible due to the seniority system.
The likelihood of petitioner’s return to a position in
Minneapolis depended on NWA’s needs for mechanics there as well
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