Paul E. Hathaway and Brenda J. Hathaway - Page 21

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               Likewise, even if TAG enforced the requirements that sales             
          representatives not accept unauthorized cancellations or agree to           
          returns, those requirements would not represent control by TAG              
          with respect to the manner or means by which its sales                      
          representatives solicited sales.  In those respects the sales               
          procedure manual's statements on cancellations and returns are              
          parallel to the sales manual's instructions for the placing of              
          orders with TAG.                                                            
               We reject respondent's contention that Hathaway was under              
          the supervision of TAG's national sales manager.  The national              
          sales manager's role was not so much to supervise sales                     
          representatives as it was to be a status representative for TAG             
          when dealing with the upper-level management of major companies             
          or when a sales representative had a problem with a customer.               
          TAG's national sales manager facilitated sales, he did not                  
          supervise or direct the sales activities of TAG's sales                     
               We also reject respondent's contention that TAG's assignment           
          of exclusive sales territories to its sales representatives                 
          represents control by TAG.  At least part of the reason that the            
          sales territories were exclusive was to protect each sales                  
          representatives' earning capacity, and thus support the profits             
          of TAG.                                                                     

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