- 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.Page: Previous 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Next
Last modified: May 25, 2011