Transport Labor Contract/Leasing, Inc. & Subsidiaries - Page 30

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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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Last modified: May 25, 2011