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ject the driver to discharge from employment. The
occurrence of a Level 2, 3 or 4 Loss is automatically
counted as an occurrence in the lower levels. There-
fore, if by the automatic counting of a higher occur-
rence into a lower level, that fills that level and
subjects a driver to a more sever type of reprimand,
then the more severe type of reprimand will take prece-
dence.
*DRIVER: The use of the word Driver refers to any
company employees who have been qualified to drive for
any of TLC, Inc.’s lessees.
* * * * * * *
EMPLOYMENT COUNSELING: Employment counseling may not
be completed during a period of reprimand, however must
be completed prior to a driver being allowed to return
to work. There shall be no compensation paid for the
driver’s time during an employment counseling session.
The driver’s failure to complete an employment counsel-
ing session will subject the driver to discharge of
employment.
I HEREBY CERTIFY THAT I HAVE READ AND UNDERSTAND
THE ABOVE EMPLOYMENT CONTRACT OF TRANSPORT
LEASING\CONTRACT, INC. AND WILL ABIDE TO ALL POLICIES
AND PROCEDURES STATED WITHIN. I FURTHER ACCEPT THESE
CONDITIONS WITH REGARD TO MY DRIVING QUALIFICATIONS AND
EMPLOYMENT WITH TRANSPORT LEASING\CONTRACT, INC. [Re-
produced literally.]
Both before and after entering into an exclusive lease
agreement with TLC, each trucking company client: (1) Owned or
leased the trucks, semitrailers, terminals, and other equipment
and facilities used in its trucking business; (2) obtained the
customers whose goods and merchandise it transported by truck;
(3) performed dispatching functions with respect to each driver-
employee by giving such driver-employee his or her route assign-
ments, directing each driver-employee as to the loads assigned to
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