South Community Association - Page 15

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          would have declined to work in the gaming operation had they                
          received no compensation for their services.  We find in the                
          record that working in the gaming operation was demanding, that             
          the nonofficer/nonsecurity guard workers were pressured to work             
          in the bingo games on both Saturday and Sunday for a total of 14            
          hours (exclusive of the additional time that they were required             
          to spend accompanying Clausing and/or Carroll to the bank to                
          deposit the days’ receipts), that those workers were required to            
          give advance notice for any vacation time that they sought, and             
          that those workers were seldom given time off.  We also find in             
          the record that at least Helton, Phillips, and Cornett also                 
          worked full-time for employers other than petitioner and that at            
          least Cornett traveled more than 20 miles to work in the gaming             
          operation.  Given that we are unable to find on the basis of                
          credible evidence in the record that any of petitioner’s workers            
          worked in the gaming operation out of motivation to further                 
          petitioner’s educational purpose, or even out of motivation by              
          charitable impulses in general, we are hard pressed to, and do              
          not, conclude that any of petitioner’s four witnesses who                   
          received the $65 payments would have steadily and consistently              
          worked for petitioner without being paid for his or her services.           
               As to respondent’s three witnesses, we perceive the                    
          testimony of those witnesses to be candid, sincere, and credible.           
          Petitioner attempts to discredit that testimony by arguing that             

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Last modified: May 25, 2011