Dennis J. and Carol R. Kraus - Page 13

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          a commission; (3) he illegally possessed a controlled substance             
          or was drunk, dishonest, or guilty of gross misconduct or                   
          insubordination; (4) he “puts private label products on the bread           
          table”; or (5) his performance is deemed unsatisfactory.                    
          However, IBC was required to meet with the union regarding the              
          conduct and to notify the union if petitioner were suspended or             
               Although the first, second, and fourth of the above-listed             
          reasons for discharge appear to be unique to the type of work and           
          union agreement, the third and fifth are broad categories of                
          reasons for which IBC could have discharged petitioner.  Those              
          categories are of the type that may be associated with an                   
          employer-employee relationship.  Even though the union contract             
          provided the union’s right to be involved in the discharge                  
          process, that aspect does not diminish the fact that IBC could              
          discharge petitioner for poor performance.                                  
               Lastly, the record reflects that petitioner had little or no           
          investment in facilities or equipment.                                      
               The relationship between petitioner and IBC is, in                     
          substantial part, governed by the union agreement between                   
          petitioner’s union and IBC.  The terms of the agreement provide             
          for a relationship that is more akin to that of an employer-                
          employee (common law) than that of a self-employed individual or            
          an agent, as contended by petitioner.   We therefore hold that              

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