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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