- 54 - TLC had the “sole and absolute authority * * * to terminate each driver-employee’s employment with TLC.” Id. at 164. With respect to petitioner’s argument that, in determining whether TLC was the employer of each driver-employee whom it leased to one of its trucking company clients, the Court gave improper weight to certain facts that it had found, petitioner asserts: The Court used the term “neutral” to describe certain factors which the Court concluded were not important in its decision * * *. This categorization of certain factors was in error for at least two reasons: (1) the Court was not free to disregard certain factors; and (2) a factor should be considered “neutral” only when there is evidence favoring both sides, in other words, when the court is unable to determine which party the factor favors. On the record before us, we reject petitioner’s assertion. As discussed above, the Court in Transport Labor I did not disregard any common-law employment factors. With respect to petitioner’s assertion that a common-law employment factor should be considered neutral only when there is evidence favoring both sides, that assertion ignores that the Court is “the trier of the facts, the judge of the credibility of witnesses and of the weight of the evidence, and the drawer of appropriate inferences”, Hamm v. Commissioner, 325 F.2d at 938. The Court in Transport Labor I was free to give evidence whatever weight it considered to be appropriate. Moreover, the Court does not consider a factor to be neutral only when there is evidencePage: Previous 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 Next
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