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assistants at their own discretion and incurred the cost of
paying those assistants.
Respondent overstates the role of the sales procedure
manual, contending that the sales procedure manual dictates the
manner in which sales representatives are to carry out their
sales activities. The sales procedure manual details the
procedure for submitting orders to TAG; it does not provide
direction with respect to the manner in which TAG's sales
representatives are to solicit sales.
We recognize that the sales procedure manual states that
sales representatives are to submit their schedules and vacation
requests to the national sales manager; however, these
requirements are toothless, as they are not followed by TAG sales
representatives, nor are they enforced by TAG. Hathaway
testified that the requirement that sales representatives submit
their 4-week schedules every 2 weeks to the national sales
manager is unworkable, as he usually is not able to predict where
he is going to be in a given week. These requirements also lack
substance in light of the fact that sales representatives use
their own business judgment with respect to the scheduling of
their time and the fact that sales representatives occasionally
miss sales meetings because they are on vacation. Further, even
if these requirements were followed and enforced, they would not
represent control by TAG with respect to the manner or means by
which sales representatives solicit sales.
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