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Petitioner was paid on an hourly basis for his work as a
pipefitter as determined by respective project managers.
Petitioner was required to sign in and sign out at the worksite.
He typically worked an 8-hour day. Petitioner was required to
wear certain safety equipment, submit safety reports, and undergo
safety training. Petitioner was supervised on the job by
respective project managers. He was subject to discharge if his
finished product did not pass certain tests. While petitioner
utilized some of his own small tools on the jobs, approximately
90 percent of petitioner’s equipment was furnished by the
respective companies.
Petitioner also performed part-time work as a driver for
Matheson. The company delivered bulk mail for the U.S. Postal
Service under a contract negotiated with the International
Brotherhood of Teamsters Union. The contract permitted Matheson
to hire and fire petitioner. Petitioner would “on load” or “off
load” bulk mail and deliver it to various sites as directed by
Matheson. The trucks were owned by Matheson. Petitioner would
complete route sheets indicating the routes driven, and he was
compensated based on the number of routes driven.
Petitioner owned hand tools such as wrenches, screwdrivers,
and levels that he kept in his privately owned Mazda automobile.
In performing his work as a pipefitter, petitioner would drive
his Mazda to various jobsites and take his tools with him. The
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Last modified: May 25, 2011