- 50 -
like 401(k) and health insurance, does TLC
actually bear the cost of those benefits?
A: No. It’s paid by the trucking company.
(Tr. 92:10-13(Schrupp)(emphasis added).)
Q: [D]oes TLC pay for any portion of those
benefits?
A: Not to my knowledge.
(Tr. 103:12-15(Schrupp).) [Reproduced literally.]
On the record before us, we reject petitioner’s assertion.
The Court did not overlook the above-quoted testimony of Ms.
Schrupp. The Court found that testimony, like Ms. Schrupp’s
testimony with respect to the hiring of driver-employees, to be
questionable. Indeed, Ms. Schrupp’s testimony that each trucking
company client paid for the costs of the employee benefits was
contradicted by her own testimony and by the parties’ stipulation
of facts. On cross-examination by respondent’s counsel, Ms.
Schrupp testified:
Q Now, Ms. Schrupp, TLC has a 401(k) plan.
Correct?
A Yes.
Q And not all the drivers participate in it, but
some do. Correct?
A Correct.
Q And the payments for the drivers who
participate in the 401(k) plan are paid for by the
drivers through payroll withholding. Correct?
A Correct.
Page: Previous 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 NextLast modified: May 25, 2011