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conclude that a significant number of the bakery workers had a
permanent, rather than transitory, relationship with petitioner.
c. Route Distributors
At least two of the route distributors worked for petitioner
in 1991 and 1992. The record is silent regarding whether any of
the other 21 route distributors working for petitioner in 1992
worked for petitioner prior to 1992.
d. Outside Sales Workers
At least two of the five outside sales workers worked for
petitioner in 1991 and 1992. According to Miller, petitioner had
a continuing relationship with the outside sales workers. On
this record, we conclude that the outside sales workers had a
permanent, rather than transitory, relationship with petitioner.
7. Relationship the Parties Thought They Created
a. Bakery Workers and Cash Payroll Workers
According to the November 1991 memorandum issued by
petitioner, starting in 1992 it would consider all workers
producing its product (which included the bakery workers and cash
payroll workers) independent contractors. None of the bakery
workers or cash payroll workers, however, testified regarding
what kind of relationship they thought they had with petitioner.
b. Route Distributors
Miller testified that petitioner did not consider the route
distributors to be employees or independent contractors. None of
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