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Duration of the Relationship Between a
Driver-Employee and a Trucking Company Client
Petitioner argues that “as between the Trucking Companies
and their drivers, their relationship was of indefinite dura-
tion”. Petitioner points out:
when a Trucking Company entered into a Lease Agreement
with TLC, the existing drivers would continue to drive
for the Trucking Company. * * * Moreover, upon cancel-
lation of the Lease Agreement with TLC, the drivers
typically would stay with the Trucking Company. * * *
Many drivers have long-term relationships with the
Trucking Companies that pre-date the Lease with TLC and
continue after termination of the Lease Agreement.
* * *
Respondent counters that “the duration of the relationship
is a factor which is of little significance in determining which
party was the employer.” Respondent points out that TLC fre-
quently was successful in reassigning to another trucking company
client a driver-employee whom a trucking company client did not
wish to continue leasing from TLC.
Petitioner does not explain what it means when it argues
that the “relationship” between a trucking company and its
drivers was of indefinite duration. We presume that petitioner
means that after a trucking company entered into an exclusive
lease agreement with TLC each driver who previously worked for
such trucking company continued to perform services for such
company pursuant to the arrangement with such company that
existed before it entered into such lease agreement with TLC. We
reject any such argument. We have found that, when each trucking
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