- 66 -66 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 truckingPage: Previous 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 Next
Last modified: May 25, 2011