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baking and delivering bakery goods to customers. All
petitioner’s deliveries of bakery goods were subject to the terms
and conditions of a collective bargaining agreement between Local
952 and IBC (union agreement). Petitioner markets and delivers
the bakery goods to stores, restaurants, and other institutions.
Petitioner was required to wear a uniform bearing the name
“Millbrook Friday Breads”, and he was referred to as a “route
sales driver” by IBC. He drove an IBC-owned truck, for which IBC
provided maintenance and gasoline. Petitioner had no investment
of any consequence in facilities or equipment used in the
business of baking and delivering bakery products. Normally, he
would “punch a time clock” upon arrival and at the conclusion of
his workday. After he arrived at IBC, petitioner would load the
truck with IBC bakery products which he delivered to IBC’s
customers in a sales territory that IBC assigned to him.
Petitioner had no ownership interest in the bakery goods he
delivered, and all invoices to customers were issued in the name
of IBC. IBC controlled any credit terms offered to customers,
and petitioner earned a commission for bakery goods delivered,
even where the customer failed to pay IBC for the delivered
products. For the most part, petitioner’s working relationship
with IBC was contained in the union agreement between Local 952
and IBC. Under that union agreement, petitioner received a base
salary plus commissions that were based on the amount of net
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Last modified: May 25, 2011