Transport Labor Contract/Leasing, Inc. & Subsidiaries - Page 43

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          control over the work and conduct of each driver-employee, id. at           
          168, and that TLC exercised that right through, inter alia, the             
          TLC driver handbook and the driver contract, id. at 188.  The               
          Court in Beech Trucking Co. did not have evidence before it, such           
          as the exclusive lease agreement, the driver contract, and the              
          TLC driver handbook that was incorporated into and made part of             
          the driver contract, which would have enabled the Court in Beech            
          Trucking Co. to have found facts such as those the Court found in           
          Transport Labor I.  It is mere speculation on the part of                   
          petitioner to assume that if the facts in Beech Trucking Co. had            
          been virtually the same as the facts in the instant case, which             
          they are not, the Court in Beech Trucking Co. nevertheless would            
          have found that Beech Trucking Company controlled the work and              
          conduct of the truck drivers whom it leased from ATS because of             
          the dispatching functions that Beech Trucking Company performed             
          with respect to such truck drivers.                                         
               With respect to whether TLC controlled the work and conduct            
          of each driver-employee, petitioner asserts:                                
               the Court overlooked the testimony of Ardell DeBerg,                   
               TLC’s CEO and former sales representative.  Mr. DeBerg                 
               testified that in all important respects, the control                  
               of the trucking company over the drivers was unchanged                 
               by the Lease Agreement.  In other words, the control of                
               the trucking companies over the drivers when the                       
               drivers were indisputably employees of the trucking                    
               companies did not change after TLC took over                           
               administrative functions.                                              
          On the record before us, we reject petitioner’s assertion.                  






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