Transport Labor Contract/Leasing, Inc. & Subsidiaries - Page 66

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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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Last modified: May 25, 2011