Transport Labor Contract/Leasing, Inc. & Subsidiaries - Page 31

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          performed services for a trucking company client and if TLC                 
          leased such truck driver to such trucking company client, two new           
          relationships involving such truck driver began:  (1) A new                 
          relationship between TLC and such truck driver as a driver-                 
          employee of TLC; and (2) a new relationship between such trucking           
          company client of TLC and such truck driver as a driver-employee            
          of TLC whom TLC leased to such trucking company client.  The                
          relationship between TLC and a truck driver as a driver-employee            
          was separate and distinct from the relationship between such                
          trucking company client of TLC and such truck driver as a driver-           
          employee of TLC whom TLC leased to such trucking company client.            
          In addition, both of those new relationships were separate and              
          distinct from any employment arrangement that a truck driver                
          might have had with a trucking company before such trucking                 
          company became a trucking company client of TLC.                            
               Petitioner did not persuade us at trial, and does not                  
          persuade us in petitioner’s motion for reconsideration, that the            
          duration of any employment relationship that may have existed               
          between a truck driver and a trucking company before TLC decided            
          to hire such truck driver as a driver-employee and before such              
          trucking company became a client of TLC should be aggregated with           
          the duration of the relationship between such trucking company              
          client of TLC and such driver-employee where TLC leased such                
          driver-employee to such trucking company client.  Any employment            






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Last modified: May 25, 2011