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vice presidents assisted Ferguson in managing petitioner's
operations. Ferguson supervised the vice presidents.
Ferguson was a hands-on chief executive. He played a role
in purchasing and personnel decisions, although petitioner had
other employees that also worked in these areas. Ferguson played
a major role in selecting Elko, Nevada, as the site for
petitioner's western operations. Petitioner opened the Elko,
Nevada, site in June 1989. Ferguson also oversaw petitioner's
expansion into foreign markets such as Mexico, South America,
Canada, and Indonesia.
5. Ferguson's Sales Duties
During the years in issue, petitioner employed between 22
and 26 salesmen. Petitioner had two regional sales managers, one
that covered the Western United States and one that covered the
Northeastern United States.
After becoming CEO, Ferguson continued to serve petitioner
as a salesman. Ferguson's sales territory included southern
Alabama, Mississippi, and much of Louisiana. Ferguson personally
made sales calls to existing customers in his sales territory, as
well as any new customers within his territory. Like all of
petitioner's salesmen, Ferguson's sales duties forced him to
travel, at times, up to 4 days a week. Ferguson, like the other
salesmen, received a commission on the sales he generated.
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