Ronald E. Byers - Page 3




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               ECI operated a delivery service based in Minneapolis,                  
          Minnesota, offering deliveries by bicycle, car, and truck.                  
               On June 9, 1999, petitioner entered into a written                     
          “Contractor Operating Agreement” (operating agreement) with ECI             
          under which petitioner agreed to be a truck driver for ECI,                 
          picking up and delivering goods to and from ECI customers.  For             
          his services, petitioner was to be paid by ECI 70 percent of the            
          gross amounts ECI billed its customers relating to deliveries               
          made by petitioner.                                                         
               As ECI received orders from customers, ECI used a dispatch             
          center to coordinate and to assign to the truck drivers the                 
          pickups and deliveries.  Truck drivers who wished to work on a              
          particular day reported to ECI’s dispatch center their                      
          availability--usually for approximately 10 hours at a time.                 
          Throughout the day, truck drivers kept in contact with the ECI              
          dispatch center using cell phones and pagers.                               
               Usually, truck drivers determined for themselves which                 
          routes to take and in what order to make pickups and deliveries             
          for ECI.                                                                    
               As indicated, because ECI truck drivers1 were not paid a set           
          wage but rather a percentage of the gross dollar amounts ECI                




               1 References herein to ECI truck drivers is for convenience            
          only and is not intended to suggest an employment relationship              
          between Edina Couriers, Inc. (ECI), and the truck drivers.                  





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