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product and resold it; however, they were able to return any
product they did not sell.
4. Right To Discharge
a. Bakery Workers and Cash Payroll Workers
Pursuant to the written agreement between petitioner and the
cash payroll workers, the cash payroll workers had the right to
hire and supervise the bakery workers. The agreement, however,
is silent with respect to whether petitioner retained the right
to fire the bakery workers. Additionally, the record is silent
regarding petitioner’s right to discharge the cash payroll
workers.
b. Route Distributors
The record is silent with respect to this factor.
c. Outside Sales Workers
Petitioner had the right to hire and fire the outside sales
workers. This is indicative of an employer-employee
relationship.
5. Integral Part of Business
Petitioner’s business was manufacturing baked goods.
Petitioner hired the bakery workers and cash payroll workers to
produce the baked goods, the route distributors to deliver the
baked goods, and the outside sales workers to market the baked
goods. The work performed by each category of workers was within
the scope of petitioner’s regular business.
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