Transport Labor Contract/Leasing, Inc. & Subsidiaries - Page 59

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          Right to Assign Additional Projects to Each Driver-Employee                 
               Petitioner argues that while TLC was leasing a driver-                 
          employee to a trucking company client, TLC had no right to lease            
          that driver-employee to another trucking company client and                 
          thereby assign additional projects to such driver-employee.                 
          According to petitioner, each driver-employee was effectively               
          assigned to only one trucking company client.                               
               Respondent counters that the exclusive lease agreement gave            
          TLC the right to lease a driver-employee to more than one truck-            
          ing company client and thereby assign additional projects to such           
          driver-employee.                                                            
               We have found that while TLC was leasing a driver-employee             
          to a trucking company client, TLC had the right to lease that               
          driver-employee to another trucking company client and thereby              
          assign additional projects to such driver-employee.  The parties            
          agree that, once TLC assigned a driver-employee to a trucking               
          company client, TLC did not reassign such driver-employee to                
          another trucking company client without permission from the                 
          trucking company client to which TLC had assigned such driver-              
          employee.  Such a practice of TLC was, we believe, a sound                  
          business practice.  TLC, like any business, was interested in               
          accommodating, to the extent feasible, the requests of its                  









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Last modified: May 25, 2011