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employees through its own recruitment efforts; and (3) TLC
rejected 10 to 15 percent of the truck drivers whom its trucking
company clients referred to it. Id. In Transport Labor I,
petitioner failed to show that the totality of the facts and
circumstances with respect to the hiring of each driver-employee
was inconsistent with the exclusive lease agreement.
As a further illustration, the exclusive lease agreement
provided in pertinent part that TLC shall “direct the work and
conduct” of each driver-employee. The Court in Transport Labor I
found that TLC had the right to, and did, direct and control each
driver-employee 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. Id. at 168. TLC exercised that right through,
inter alia, the driver contract that TLC required each driver-
employee to sign and the TLC driver handbook, which was
incorporated into and made part of that driver contract. In
Transport Labor I, petitioner failed to show that the totality of
the facts and circumstances with respect to the control exercised
over each driver-employee was inconsistent with the exclusive
lease agreement.
As a final illustration, the exclusive lease agreement
provided in pertinent part that TLC “shall in its absolute
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