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delivery schedule was usually completed anywhere between 11:00
a.m. and approximately 1:30 p.m. each day. He generally had no
further duties after completing his route, although he could be
called upon to supplement a store's supply if the situation
warranted. Petitioner did not own the vehicle used in his
deliveries, nor was he liable for the gasoline and other
operational and maintenance expenses. He was required to punch a
time clock each day at the commencement and at the conclusion of
his deliveries. He could make deliveries only on the route
designated for him by Best Foods. Petitioner was required to bid
for any new route or changes to his route. Petitioner was
required to become a member of a labor union, the Teamsters,
which had a collective bargaining agreement with Best Foods.
While on his route, petitioner was required to wear a shirt that
bore the logo or trade names of the products he delivered.
Petitioner shelved the products he delivered, solicited and
accepted sales orders at each location, monitored the needs or
requirements of the stores on his route, and filed invoices of
his deliveries with Best Foods. Petitioner also removed from
each delivery point any stale, unsold, or outdated goods from
prior deliveries.
Petitioner did not purchase or own the products he
delivered, nor did petitioner have any ownership or investment in
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Last modified: May 25, 2011