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E.XTENSIONS of REMARKS Trlct of the Maricopa County Health Depart­ (C) (2) (A) If the Principal Reduces the CONGRESSMAN RHODES RECEIVES Size of A

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E.XTENSIONS of REMARKS Trlct of the Maricopa County Health Depart­ (C) (2) (A) If the Principal Reduces the CONGRESSMAN RHODES RECEIVES Size of A 10372 EXTENSIONS OF REMARKS April 9, 1976 IN THB COAST GUABD Stephen J. Baumrind Walter E. Hanahan, Jr. FARM CREDIT ADMINISTRATION Ronald G. Grimmer Robert J. Cheney, Jr. The following-named lieutenant command­ M. R. Bradley, of Indiana, to be a member ers of the Coast Guard Reserve to be per­ Lawrence J. Toole William R. Allen ma.nent commissioned officers in the Coast George H. McEachern Richard R. Kuhn of the Federal Fa.rm Credit Board, Fa.rm Guard Reserve in the grade of commander: William B. Christy Rona.Id P. Hunter Credit Ad.ministration, for a term expiring Edward c. Ruba.tino Edwin J. Roland, Jr. March 3, 1982. Leona.rd P. Brooks Joseph Miralles Harry Y. M. Char Robert L. Foot The abov-e nomination was approved sub­ Warren J. Shadko Ira J. Hall ject to the nominee's commitment to re­ Charles w. Scheck Joseph F. Ba.roco CONFffiMATION spond to requests to appear and testify be­ Elliot R. Lese Joseph P. Ma.nfreda Benjamin A. Geerds J a.mes A. Rowins Executive nomination confirmed by fore any duly constituted committee of the Jon F. Engstrom Jackson McLaughlin the Senate April 9, 1976: Sen.ate. E.XTENSIONS OF REMARKS trlct of the Maricopa County Health Depart­ (c) (2) (A) If the principal reduces the CONGRESSMAN RHODES RECEIVES size of a. sales representative's territory and HUMANITARIAN AWARD ment. She warned that tuberculosis in the county was up 16 per cent last year and that reduces his commissions by 25 per cent caused six deaths. or more in the following year, he becomes HON. ROBERT H. MICHEL "Tuberculosis is stlll around and it can eligible for a reduced a.mount of indemnity happen to any of us," she said. or can consider himself "terminated" and OF Il..LINOIS Dr. Breen said it was more exciting in the pursue full indemnification. (c) (2) (A) (ll) IN THE HOUSE OF REPRESENTATIVES past to treat tuberculosis because drug except that if the reduced sales a.re the result of strike or natural disaster or war, Thursday, April 8, 1976 therapy would cure most victims. "You could give a person a drug and kiss 'em off for two the principal shall not be liable. Mr. MICHEL. Mr. Speaker, I have re­ years," she said. (c) (2) (B) If the principal redu~es the cently learned that our distinguished But now, she said, treatment ls more com­ sales representative's rate of commission by plicated and cures harder to come by because 25 per cent or more in a year, he can consider and modest minority leader received a himself "terminate" or seek partial indemni· I remaining tuberculosis patients have metab­ very prestigious award and am happy olisms that resist drug therapy or have fl.cation. to bring it to the attention of the House. exotic forms of the disease. Section 102. The amount of the indemnity JOHN RHODES was given the Humani­ is computed by multiplying the higher of tarian Award by the Arizona Friends of either the sales representatives average the National Jewish Hospital and Re­ monthly commissions over the year prior to search Center in Denver. The citation termination or the three years prior to ter­ SUMMARY OF H.R. 13111 mination by the total number of months he says that the award was given because of serviced the account by ten per cent. An ex­ his, "great compassion and concern for ample of the computation would be as fol­ mankind's birthright to breathe," and HON. JOHN Y. McCOLLISTER lows: The sales representative serviced a par­ the fact· that he "has helped and given OF NEBRASKA ticular account for four years and earned great hope to the sick of all ages, races, IN THE HOUSE OF REPRESENTATIVES an average commission of $12,000 a year. If he were unfairly terminated, he would be en­ and creeds." Thursday, April 8, 1976 I want to offer my congratulations to titled to-$1,000 (his average monthly com­ JOHN. I think all of us, as his friends, Mr. McCOLLISTER. Mr. Speaker, yes­ mission X 48 (months he serviced the ac­ I 13111, count) X 10%. His indemnity would total know how richly he deserves such recog­ terday, introduced H.R. the $4,800. nition for his tireless efforts on behalf Sales Representative Protection Act. I (a) (2) In no case would the indemnity of good causes such as the National Jew­ believe this bill is vitally important to exceed his average annual com.mission. ish Hospital and Research Center. independent salesmen throughout the (a) (2) (B) If the sales rep recovers under Mr. Speaker, I include the newstory country. The following is a brief sum­ section 102(B), his subsequent recovery un­ on the award which appeared in the mary of the contents of H.R. 13111: der 102(a) will be reduced by that amount. SUM.MARY (b) The reduced indemnity which can be Arizona Republic at this point in the claimed by a sales representative who has RECORD: Section 1. Title. his territory reduced or his commission rate [From the Arizona. Republic] Section 2. Statement of finaings and pur­ reduced and who wishes to continue to re­ pose. present his principal is computed in the same RHODES HONORED AS HUMANITARIAN Section 3. Definitions: "Sales Representa­ Rep. John Rhodes, R-Ariz., was honored tive" is defined to include only marketers fashion, but reduced by the percentage by Saturday night for his humanitarian con­ of merchandise who use sales representatives. which his total commissions from the ac­ tributions to Arizona residents and his long­ This will exclude providers of services such count or his rate of commission is reduced. time support of a Denver respiratory as insurance companies and companies of Section 103. Provides that a. sales represen­ hospital. sales representatives. tative is entitled to a settlement from his Rhodes was given the Humanitarian "Sales Representative" ls defined to mean principal within thirty days of termination Award by the Arizona Friends of the National only "independent contractors" (as distinct (or else he can seek relief from the courts Jewish Hospital and Research Center in under the Act) and provides a. payment from "employees") who solicit for a prin­ mechanism which will reduce any cash fl.ow Denver. cipal's merchandise. problems for smaller businesses liable for Dinner Chairman Samuel Shapiro credited "Good cause" includes "dishonesty, fraud, the indemnity. Rhodes with "distinguished service to Phoe­ other criminal activity, material breach of nix and Arizona" and "dedicated affiliation the contract, failure to put forth a. good faith TITLE 11--CONTRACTS BETWEEN SALES and concern for the National Jewish effort to sell the product, and gross negli­ REPRESENTATIVES AND PRINCIPALS Hospital. gence." Section 201. Provides that all contracts deal More than 500 persons at a dinner in the TITLE I-INDEMNIFICATION with certain areas of contractual concern, Hyatt Regency ballroom stood and ap­ Section 101. Provides that a principal who but does not specify that the contract be plauded as Rhodes accepted the bronze-and­ terminates a sales representative without written nor provide penalties if the two par­ wood plaque. good cause from an account which was ties to the contract do not formally agree "I am greatly honored to be pa.rt of this opened by the sales representative or which on any area. In such a case, the courts will worthy effort," Rhodes said. "All of you who he increased the sales by 50 per cent or examine the course of dealing to determine have supported this fine institution are hu­ more and which he serviced for a least the contract terms. The areas to be covered manitarians . this award I receive really eighteen months shall pay the sales rep­ include: rate of commission, provisions for belongs to you." resentative an indemnification. cash advances, amount of required termina­ The admission price of $150 a couple gen- (a) (3) If the principal discontinues selling tion notice, description of territory, existence erated $43,175 for the hospital, said former to the account, termination does not fall un­ and procedure if arbitration is involved, Phoenix Mayor John Driggs, who managed der the act. ownership of samples, notice period for prin­ financing for the dinner. (b) If a sales representative is terminated cipal to accept or reject order, arrangements The hospital cares for persons with hard­ "for the primary purpose of preventing for payment of commission on orders trans­ to-trea.t respiratory ailments regardless ot (him) from becoming entitled to an indem­ mitted prior to termination, procedures for their ablllty to pay. nification" he becomes eligible, providing sales representative to verify principal's deal­ Main speaker at the dinner was Dr. Lois he has worked for the principal for at least ings with his account and whether the sales Breen, chest consultant for the ea.stern dis- a year. representative can handle other lines. In all April 9, 1976 EXTENSIONS OF REMARKS 103r73 cases, the two parties can deter mine whatever the guarantee of free speech as basic to military barracks, where maltreatment ls terms they wish in the contract. our national integrity. Moreover, his routine. The trade unionists were in gen­ Section 202. The principal has several ability to recognize and understand the eral held in preventive detention, Without duties towards his sales representatives. They charges, for a period ranging from a few include: acknowledgement of receipt of a.n diverse economic and social forces af­ days or weeks to a few months. order, making relevant invoices and credit fecting the times in which he served, and However, more recently, some trade union­ memorandums avallable for inspection by to reconcile them in the light of our ists have been charged With offenses under sales representative, a nd provision of a Constitution, rendered him of major sig­ the La.w of National Security.
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