- 53 -53 ployee. Respondent called as a witness Beverly Fiereck (Ms. Fiereck), the president of Parkway Auto Transport (Parkway), one of TLC’s trucking company clients.41 She testified that TLC, and not Parkway, decided whether or not to hire a truck driver whom Parkway referred to it.42 We found Ms. Fiereck to be credible. Moreover, the record establishes (1) that TLC successfully recruited and hired approximately 25 percent of its driver- employees through its own recruiting efforts and (2) that TLC rejected 10 to 15 percent of the truck drivers whom its trucking company clients referred to it. We shall not rely on Mr. Ankerfelt’s testimony to support petitioner’s position that TLC was not the employer of each driver-employee. See Lerch v. Commissioner, 877 F.2d 624, 631- 41The parties stipulated that the testimony of any person representing Parkway is to be considered representative of the testimony that would be given by any persons representing other trucking company clients of TLC if they had been called to testify at the trial in this case. 42Each exclusive lease agreement provided in pertinent part: Lessor agrees to use its reasonable best efforts in furnishing Lessee with drivers as may be requested from Lessee from time to time during the term of this Agreement. Lessee understands and agrees Lessor cannot absolutely guarantee the availability of drivers for Lessee upon demand but Lessor nevertheless agrees to use its reasonable best efforts in furnishing Lessee with any and all drivers required at all times during the terms of this Agreement. To facilitate the avail- ability of drivers to Lessee, Lessee shall refer to Lessor any and all qualified drivers known to it who may be suitable for employment by Lessor.Page: Previous 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 Next
Last modified: May 25, 2011