- 43 -
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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