Transport Labor Contract/Leasing, Inc. & Subsidiaries - Page 40

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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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Last modified: May 25, 2011