Transport Labor Contract/Leasing, Inc. & Subsidiaries - Page 67

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          company entered into an exclusive lease agreement with TLC, such            
          trucking company terminated the employment arrangement that it              
          had with all of the truck drivers who previously worked for such            
          trucking company.                                                           
               In the instant case, it is the nature, and not the duration,           
          of the relationship between a driver-employee and TLC and the               
          relationship between a driver-employee and a trucking company               
          client that determines whether TLC or such trucking company                 
          client is the employer of such driver-employee.                             
               On the record before us, we find that TLC’s leasing a                  
          driver-employee to a trucking company client for which such                 
          driver-employee had worked before such trucking company client              
          entered into an exclusive lease agreement with TLC is a neutral             
          factor in determining whether TLC was the employer of such                  
          driver-employee.                                                            
          Termination of the Employment of a Driver-Employee                          
               Petitioner contends that, without exception, the trucking              
          company client made the decision to terminate the employment of             
          any driver-employee whom TLC leased to it.  Petitioner points out           
          that each trucking company client was in the best position to               
          evaluate each driver-employee’s performance and therefore to                
          decide whether to terminate the employment of a driver-employee.            
               Respondent counters that the exclusive lease agreement                 
          provided that TLC, and not each trucking company client, had the            






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Last modified: May 25, 2011