EXHIBIT A
. Case 1 :04-cv-00209-SLR Docu ment 1 12-3 Filed O9/08/2008 Page 2 of 3
Robert Henry Rehbach
12 (Pages 42 to 45)
Page 4 2 Page 4 4
E
1 time so that you can get on the road and start making 1 going to kid you. When you're dealing with twenty
2 these deliveries on your route, hitting one through 2 different products and they‘re coming in all different
3 forty, right, in a timely way? 3 times, and that's why some people will come in. I
4 A. It's not showing up at a certain time. It‘s 4 don't want to demean the job in any way, shape or form,
5 showing up in the time it takes you to get that end 5 but it is a simple job once you‘re out there making the
6 result. 6 deliveries.
7 Q. All right. Fair enough. In other words, some 7 Q. And I suspect that once you‘ve done it thirty
~ B people might be better at moving product around and 8 times you're going to get even that much better at it.
9 getting it to the end line more efficiently than 9 A. Oh, absolutely.
10 others? 10 Q. And if you do it sixty times you‘re that much
1 1 A. Absolutely. 1 1 better and probably by the time you're around three g
12 Q. But you‘re directing them to get to the 12 months you got it really under control? _
1 3 warehouse to get the papers, get it in your car and get 1 3 A. I would say you reach a plateau, yes, .
1 4 their show on the road. You could do that any way you 1 4 absolutely.
1 5 want to, but that's the logistics of how we're doing 15 Q. It‘s almost like, you know, brushing your
1 6 this? 1 6 teeth in the morning becomes routine?
17 A. Well, sure. You have to come here to get your 17 A. Yes. g
1 B product and you have to deliver it in a timely fashion. 1 B Q. All right. in every one of these paragraphs
1 9 I think that encompasses that. 1 9 in this document that I'm holding up, Novack No. l,
2 O Q. And just as Mr. Novack testified, they're 2 O every one of these paragraphs here, you are telling the
21 instructed to do that and you go so far as to actually 21 candidate driver that you're now entering into
22 show them their route, you know, and go through it once 22 contracting with this is how this works?
23 or twice until they reach a certain comfort level? 2 3 A. Yes, sir.
24 A. Well, we give them an overview of the route. 2 4 Q. This is the deal; right?
Page 43 Page 45
1 Again, in my days of training I would tell people this 1 A. Yes, sir. I don‘t know that we word for word
2 is what fifteen years of experience has shown me. It's 2 or paragraph for paragraph. We do try to pick out the
3 not all my learning. I've learned it from guys just 3 most important ones that they should be aware as not to
4 like you and I’ll learn tomorrow from somebody who doesi 4 negate their contract.
5 it better. So Pmjust going to show you what works 5 Q. And under paragraph 1.a., for example, we
6 best for me. What you feel works best for you is 6 talked about this, the bottom line is that you're
7 entirely up to you, but our end result must be delivery 7 telling them that they have to deliver this on time and
B within a reasonable period of time without customer B it has to be dry?
9 complaint. 9 A. If that's what-- T
1 0 Q. And if that person was smart, they'd probably 1 0 Q. Correct?
1 1 listen to you after all your years of experience? 1 1 A. Yes, sir.
1 2 A. lknow I do, absolutely. 12 Q. And you're also telling them in advance, look,
1 3 Q. They get it done efficiently so that their 13 if I get another customer on that route or if I have a
1 4 profit from the $50 that they earn that day, right, 1 4 customer on that route and they call me up and say "I
15 they actually have some profit for that day —— 1 5 want twenty more Wall Street lournals,“ you're going to
1 6 A. Sure. 1 6 have to deliver that?
17 Q. —— for wear and tear and gas; right? 17 A. Absolutely. And I believe that that's
1 8 A. 1 think the average person with average 1 8 probably in the next paragraph.
19 intelligence would figure that out without being 1 9 Q. You're telling them that right in that
2 O instructed in those things. Right. 2 0 paragraph b?
2 1 Q. It's a pretty simple job? 2 1 A. In paragraph b. Let me read it first. Yes,
22 A. Very simple. 22 sir. As well as other products that we might implement .
2 3 Q. Not a lot involved? 23 into our system.
2 4 A. It takes some coordination effort. Tm not 2 4 Q. Do you see the last sentence under b? It
t e ncs a . s.~ uss~; .; .. . : a ..Zkm.·, a s 2 i·. s¤.: ·ni ·: . 1 .. t €...··a:a. . e> .:
I_ www.c0rbettreport1ng.com
. Case 1 :04-cv—OO209-SLR Document 1 12-3 Filed O9/08/2008 Page 3 of 3
Robert Henry Rehbaeh
13 (Pages 46 to 49)
Page 4 6 Page 4 8
1 says, "Contractor shall deliver in any order and by 1 A. To report those things, not necessarily to
2 whatever manner, means, method or mode Contractor 2 repair them.
3 chooses." 3 Q. You tell them to do that?
4 A. Yes, sir. 4 A. To report it?
5 Q. The reality of it ls, Mr. Rehbach, the reality 5 Q. Yes.
6 of it is that these folks are going to deliver these 6 A. Yes, sir.
7 newspapers, they do it in their car? 7 Q. And they also have to pick up any unsold
8 A. Yes, sir. B newspapers from vending daily and provide proof of
9 Q. Have you known anybody ever to do it any 9 return?
10 differently than that? 10 A. Yes, sir. A
11 A. No, sir. 11 Q. They do that as well at your request?
12 Q. I mean, how else could they do it, seriously, 12 A. Yes, sir.
13 in terms of route 5 Newark? 13 Q. Under 2 your agreement to them is I'm going to
14 A. Well, again, I think that could be subjective. 14 provide you with the newspapers basically; right?
15 They could deliver it in any order. It‘s a sentence 15 A. Yesf
1 6 with many meanings. It covers many areas. They can 1 6 Q. I'm going to pay you 50 bucks a day?
17 deliver it A, D, F, Z, C. And whatever means, they 17 A. Yes.
18 could have three of their brothers come in and help 18 Q. You‘re going to provide them with deliveiy
1 9 them deliver them and break it down. And they have 1 9 data?
20 done that in the past. And method or mode, that‘s all 20 A. Yes, sir.
21 subjective, what you want to... 21 Q. And you're going to give them a 1099?
22 Q. You tell them they can't mess with the papers 22 A. Yes, sir.
23 by stamping it or putting anything else in the 23 Q. You’re not going to do a W-2?
24 newspaper? 24 A. Yes, sir.
Page 47 Page 49
1 A. No, sir. Absolutely not. I'm restricted by 1 Q. Now, you're not going to give them a W-2
2 that and I have to pass that down. 2 because if they were W-2 they'd clearly be an employee
3 Q. And they're instructed; right? 3 at that point; right?
4 A. Absolutely. 4 A. Yes.
5 Q. You instruct them that they need to have auto 5 Q. So you got to give them a 1099.
6 insurance in effect and have the appropriate licenses? 6 A. Yes, sir.
7 A. Yes, sir. 7 Q. Now, did Darian Johnson ever invoice you?
B Q. If a contractor cannot repair news racks or 8 A. Not thatl know. Not to the best of my
9 merchandise that has been made inoperable, the 9 knowledge, no.
10 contractor will notify the company within four hours 10 Q. You heard Mr. Novack say that some of these
1 1 for replacement or repair. In other words, if one of 11 delivery people invoice you?
12 these, what are they, newspaper vending machines 12 A. Yes, sir.
13 break —— 1 3 Q. How many? Out of a thousand, let’s say.
14 A. Yes. 14 A. I would say as ofthe beginning of'06 we
1 5 Q, -- and they can‘t fix it on the road, they · 1 5 pretty much have all of our contractors doing it.
1 6 need to let you know? 1 6 Q. You have all of your contractors as of '06 --
17 A. Yes. So hopefully we can get out there same 17 A. Pretty much. I believe so. I know he’s not
1 8 day, get it fixed. Especially if it has yesterday's 1 8 allowed to support my answer, but I do see many, many
1 9 paper in it. That will always generate a complaint. 1 9 invoices coming through with our contractors.
2 0 Especially it won't for the contractor, but it works 2 0 Q. I have to stop you. I‘ve got to understand
2 1 for the next paying customer. They don't call DMOD. 2 1 this and appreciate this now. Did you make it a
22 They call USA Today. Of course, their contention is 22 requirement in '06 for these delivery people to invoice
2 3 that we never serviced that machine. 2 3 you?
2 4 Q. Tl1at's part of their responsibility? 24 A. It’s not a requirement, no. It‘s a standard
www.corbettreporting.com
Case 1:04-cv-00209-SLR
Document 112-3
Filed 09/08/2008
Page 1 of 3
Case 1:04-cv-00209-SLR
Document 112-3
Filed 09/08/2008
Page 2 of 3
Case 1:04-cv-00209-SLR
Document 112-3
Filed 09/08/2008
Page 3 of 3
United States Free Forms
Canada Free Forms
United Kingdom Free Forms
Australia Free Forms