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The facts of the instant case do not support petitioner’s
assertion that the exclusive lease agreement “had no effect on
the duration of the drivers’ relationship” with a trucking
company where TLC leased such drivers as driver-employees of TLC
to such trucking company as TLC’s trucking company client. To
the contrary, the exclusive lease agreement had a dramatic effect
on such driver’s employment relationship. As discussed above, if
a truck driver had previously performed services for a trucking
company and if such trucking company became a client of TLC by
entering into an exclusive lease agreement with TLC, such truck
driver’s employment arrangement with such trucking company was
terminated. Transp. Labor Contract/Leasing, Inc. & Subs. v.
Commissioner, supra at 159. After a trucking company became a
client of TLC and terminated the employment arrangement with any
truck driver who had previously performed services for such
trucking company, TLC had the sole and absolute authority to
determine whether to hire such truck driver as a driver-employee.
Id. at 164. TLC exercised that authority by, inter alia,
requiring a truck driver, regardless of whether a trucking
company client referred such driver to TLC as an applicant for
the position of TLC’s driver-employee, to pass TLC’s screening
and approval process before TLC decided whether to hire such
truck driver as a driver-employee. Id.
If TLC decided to hire a truck driver who had previously
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