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for production efficiency in the manufacture of the fabric. Mr.
Penalba shared the responsibility for ensuring that the
manufacture of the fabric was cost efficient. Since petitioner
was a converter that contracted out its operations, selecting
efficient and capable factories to produce the fabrics was
essential to petitioner's success. Mr. Penalba was responsible
for selecting the fabrics to be contracted out to the various
manufacturers of its fabrics.
Jorge Rubino (Mr. Rubino) began working for petitioner in
1989 as its production manager. Mr. Rubino's duties as
production manager included purchasing yarn, taking the orders to
the knitting plants, controlling the production of the fabrics,
and delivering the fabrics to the finishing plants to be
finished. Mr. Penalba supervised and worked directly with Mr.
Rubino.
Mr. Penalba's duties as the top person in charge of
production included deciding which fabric designs petitioner
would produce. Mr. Penalba's duties included researching and
developing fabrics, meeting with customers in designing fabrics,
and negotiating with the commissioned knitting and dyeing plants.
Mr. Penalba held meetings with the production staff at least once
a week. Mr. Penalba worked very closely with Mr. Rubino.
Mr. Penalba was also responsible for petitioner's sales
operation. Mr. Penalba would recruit and train salespeople to
work with petitioner's customers. As petitioner's sales manager,
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Last modified: May 25, 2011