Gary M. and Trudy J. Weichlein - Page 8

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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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