Marc G. Bissonnette and Lillian I. Cone - Page 6

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               At the end of a workday, petitioner usually did not have               
          time to return to his personal residence for dinner.  On account            
          of his early starting time and long commute to and from his                 
          residence, he remained in Seattle and slept on a cot stored                 
          aboard one of the company’s vessels.  The company did not require           
          him to stay overnight, pay him during this time, nor provide him            
          an allowance for meals or incidental expenses.  Regardless,                 
          during overnight periods he helped out with maintenance problems            
          and kept watch for bad weather.  On one occasion, severe weather            
          forced petitioner to move a ferryboat in the middle of the night.           
          Usually half of the captains employed by the company stay                   
          overnight on the ferryboats.4                                               
               The company’s voyages during the year are classified as                
          occurring during either peak travel season or off-peak travel               
          season.                                                                     
          B.   Peak Travel Season                                                     
               In the years at issue, the peak travel seasons began May 19,           
          2001, June 8, 2002, and June 7, 2003, and each generally lasted             
          though September 9 of the year in which it began.  Petitioner               
          ordinarily captained the Clipper III in 2001 and 2002 on a                  
          schedule servicing both Friday Harbor and Victoria on the same              
          day.  Because the company leased the Clipper III to the United              


               4 Petitioner does not claim he was away from home when he              
          stayed overnight in Seattle on one of the company’s ferryboats.             




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