Miller & Sons Drywall, Inc. - Page 20

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          scope of Darle’s work justify high compensation.  This factor               
          weighs in favor of petitioner with respect to Darle’s                       
          compensation.                                                               
                    2.  Rocky and Dean                                                
               Petitioner has not offered any evidence detailing Rocky’s or           
          Dean’s duties as officers, but the record makes it clear that               
          Rocky and Dean primarily worked as job-site supervisors.                    
               Petitioner’s position appears to be that job-site                      
          supervisors are important to its success.  We agree.  Because               
          petitioner’s jobs are awarded in a low-bid process, it was                  
          necessary for petitioner to remain within its budget.  This was             
          confirmed by Darle’s testimony that employee productivity was one           
          of the keys to petitioner’s profitability.  Rocky and Dean made             
          this happen.  According to the Minnesota Work Force Center 1999             
          Salary Survey, relied on by both experts, Rocky’s and Dean’s                
          duties appeared to be similar to those of a construction manager            
          who has numerous responsibilities.  One specific duty of a                  
          construction manager was to make sure a job was completed within            
          budget.  Both Rocky and Dean had about 20 years of supervisory              
          experience, and this experience added to petitioner’s success.              
               Respondent argues that the nature, extent, and scope of                
          Rocky’s and Dean’s services are not “in any way unique to the               
          petitioner.”  We do not believe that the uniqueness of their                
          services is dispositive of this factor.  Rocky and Dean were both           






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Last modified: May 25, 2011