Robert Patrick Day - Page 3




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          the year at issue, petitioner had 11 drivers who operated his               
          vehicles.                                                                   
               Petitioner had the right to discharge the drivers, and the             
          drivers had the right to quit, at any time.  During the year at             
          issue, most of the drivers worked only a few months for                     
          petitioner.                                                                 
               The driver chose the route to take between the point where             
          he engaged the load and the destination point, and also which               
          hours he would drive and rest.  If the driver delivered the load            
          late, the company, not the driver, was liable for any penalties.            
               Petitioner required the drivers to call him daily while they           
          were on the road to inform him of their progress so that he could           
          arrange timely loads near the delivery points for the drivers to            
          haul on the return trips.  Petitioner provided each driver with a           
          cellular telephone for that purpose, and petitioner paid the                
          expense of these telephone calls.                                           
               On the occasions that a driver delivered a load to a place             
          where petitioner had not been able to arrange a return load, the            
          driver would try to find a load by contacting a broker or by                
          consulting the "load board" at a truck stop.  On these occasions,           
          the driver would call petitioner for approval of the terms of the           
          haul before engaging the load.  The contract for the                        
          transportation of the freight always was between the company and            
          the broker; the contract was never between the driver and the               






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Last modified: May 25, 2011