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In January 1990, petitioner was rehired by Fontana through
Local 12. She was instructed to report to Vernon Paving Co.
(Vernon)5 at its hot plant in Anaheim, California. Petitioner was
informed that she would run the Anaheim hot plant for 2 weeks,
within which time Vernon expected to have another operator to
replace the operator who had quit without notice. She was told that
she would then go to Fontana's Victorville hot plant to replace Mr.
Cooley, who was absent for a short period of time. Understanding
that her employment in Anaheim would last 2 weeks, petitioner drove
to Victorville on January 1, 1990, and made arrangements to stay
with Ms. Criffield in Victorville.6 Petitioner resided with Ms.
Criffield until February 27, 1990, except for those occasions when
she stayed overnight in Anaheim or in Catheys Valley.
On January 3, 1990, Walter Bludder, supervisor of the Vernon
hot plants located in Anaheim, Irvine, and Irwindale, instructed
petitioner to train Steve Guerrero to operate the Anaheim plant.
Although the training was expected to last 2 weeks, the training did
not go well and extended into February. On February 12, 1990,
petitioner was informed by Jim Collie, supervisor of the Victorville
5 Vernon and Fontana were, at that time, both owned by
Boral Resources. Petitioner was hired through the union hall by
Fontana, which rented her services to Vernon. Payments for
petitioner's services were made to Fontana on purchase orders
from Vernon to avoid the necessity of further union hall
involvement.
6 Petitioner could stay with Ms. Criffield for $60 per
week as opposed to $40 per night in Anaheim.
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Last modified: May 25, 2011