John L. Ginger Masonry, Inc. - Page 8

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               When a developer accepted a bid, Ginger provided                       
          petitioner's superintendent with the details of the job.  On a              
          small job, only one person would travel to the jobsite, and that            
          would be the job foreman.  The foreman would travel to the site             
          with his equipment and his materials and complete the job.  On              
          larger jobs, the foreman would oversee a crew on the jobsite.               
               During the fiscal years 1990 through 1992, petitioner                  
          employed approximately 80 to 100 people and had as many as 150              
          jobs in progress at any given time.  Ginger separated                       
          petitioner's operations into two categories:  Brick and stone               
          masonry and block masonry.  Ginger employed a superintendent on             
          the block masonry side of the business.  The superintendent would           
          visit the jobsites, talk with the job foreman, see how the work             
          was progressing, and then report the progress to Ginger at the              
          end of the day.  Since 1990, Steve Adams (Adams) has been the               
          superintendent of petitioner's block masonry division.  Until               
          1992 or 1993, Ginger, himself, worked as the superintendent on              
          the brick and stone masonry side of the business.                           
               Although the superintendent or foreman supervised the job              
          once work began on the jobsite, Ginger resolved any significant             
          problems that developed on the jobsite, such as quality,                    
          manpower, labor, etc.  When a significant problem developed,                
          typically the developer would contact Ginger directly, and Ginger           
          resolved the problem.                                                       






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Last modified: May 25, 2011