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by TLC or its affiliates, and not to allow any personal, legal or
financial problems, including attitude, to interfere with the
performance of services for TLC. If a driver-employee failed to
comply with such instructions, TLC could terminate such driver-
employee’s employment. Id. at 165-166.
The Court in Transport Labor I found that the driver
contract and the TLC driver handbook, which was incorporated into
and made part of the driver contract, evidenced that TLC had the
right to, and did, control the work and conduct of each driver-
employee. Id. at 188. Consequently, the Court gave appropriate
weight to such evidence.
With respect to petitioner’s argument that, in finding
certain facts, the Court in Transport Labor I gave improper
weight to certain evidence, petitioner advances several
additional assertions with respect to certain common-law
employment factors, which we address below.
Right To Control Driver-Employee
Petitioner contends that the Court in Beech Trucking Co.
found that Beech Trucking Company controlled the truck drivers
whom ATS leased to it because Beech Trucking Company performed
certain dispatching functions with respect to such truck drivers.
Petitioner asserts that the Court in Transport Labor I should
have found that each trucking company client controlled each
driver-employee whom TLC leased to such trucking company client
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