Transport Labor Contract/Leasing, Inc. & Subsidiaries - Page 7

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          alia, fueling the trucks, starting the trucks’ engines, hooking             
          up the trucks to trailers, parking the trucks, driving the trucks           
          to achieve maximum fuel savings, braking the trucks, operating              
          trucks in cold weather, departure times of the trucks, and                  
          loading the cargo on and unloading it off the trucks.7  Thus, TLC           
          had the right to, and did, direct and control each driver-em-               
          ployee as to the operation and the loading and unloading of the             
          truck of the trucking company client that leased such driver-               
          employee from TLC and as to the details and means by which that             
          operation and that loading and unloading were to be accomplished.           
               Both before and after entering into an exclusive lease                 
          agreement with TLC, each trucking company client:  (1) Owned or             
          leased the trucks, semitrailers, terminals, and other equipment             
          and facilities used in its trucking business; (2) obtained the              
          customers whose goods and merchandise it transported by truck;              
          (3) performed dispatching functions with respect to each driver-            
          employee by giving such driver-employee his or her route assign-            
          ments, directing each driver-employee as to the loads assigned to           
          him or her and as to the times by which such driver-employee had            
          to deliver those loads, and relaying any instructions of its                
          customers relating to such loads; (4) was responsible for the               
          payment of tolls, fuel, repairs, and scale fees incurred during             

               7The TLC driver handbook consisted of approximately 50 pages           
          covering the various matters with respect to which TLC gave                 
          detailed instructions to each driver-employee.                              

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Last modified: May 25, 2011