State Police Association of Massachusetts - Page 9

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               Telephone solicitations were conducted during normal                   
          business hours 5 days per week, except on those days on which an            
          evening solicitation was conducted, when solicitations began at             
          12 noon.  Telephone solicitations were conducted approximately 46           
          weeks per year.  Telephone solicitations were monitored by a                
          member of petitioner (the Trooper Monitor) to answer questions,             
          if necessary, and to ensure that the solicitation did not involve           
          coercion, fraud, or duress.  Businesses which were solicited by             
          telemarketers could have made a contribution to petitioner                  
          without having their name or any other identifying statement                
          appear in print in The Constabulary.  Each year, only five or six           
          businesses that were solicited pursuant to the earnings program             
          contributed money to The Constabulary without being recognized by           
          name in The Constabulary.                                                   
               In operation, petitioner exercised substantial control over            
          BWE and McKnight.  Petitioner set the office hours for                      
          advertisement solicitations for The Constabulary; set rules for             
          depositing gross receipts and returning bad checks; monitored the           
          use of telephones for personal calls by ad sellers; required BWE            
          and McKnight office managers to be present at weekly                        
          reconciliation meetings; demanded to be advised of any problems;            
          demanded the names of all telephone solicitors; required BWE and            
          McKnight to maintain personal data files on all employees; and              
          geographically limited the areas to which advertisement                     
          solicitations could be made.                                                




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Last modified: May 25, 2011