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Hiring of Each Driver-Employee
Petitioner argues that TLC exercised only an advisory role
in hiring each driver-employee. Petitioner also points out that,
when a trucking company became a client of TLC, the truck drivers
who had worked for that trucking company continued performing
work at that trucking company client as driver-employees.
Respondent counters that the exclusive lease agreement
provided that TLC had the sole and absolute authority to hire
each driver-employee and that TLC did not hire a truck driver as
a driver-employee until he or she passed TLC’s screening and
approval process. According to respondent, TLC’s screening and
approval process was no formality, and in fact TLC rejected 10 to
15 percent of the truck drivers whom its trucking company clients
referred to it.
We have found that TLC had the sole and absolute authority
to hire each driver-employee. Before TLC hired a truck driver as
a driver-employee, such truck driver had to pass TLC’s screening
and approval process. TLC rejected 10 to 15 percent of the truck
drivers whom its trucking company clients referred to it.
Moreover, TLC hired approximately 25 percent of its driver-
employees through its own recruitment efforts. Ms. Fiereck, the
president of Parkway, testified that TLC, and not Parkway,
decided whether or not it would hire truck drivers whom Parkway
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