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Transport Labor I that TLC had the sole and absolute authority to
hire a truck driver as one of its driver-employees. Id. Indeed,
the parties’ stipulation supports the Court’s finding. When each
trucking company client entered into an exclusive lease agreement
with TLC, it ended whatever employment arrangement it had with
the truck drivers who were then working for it and relied on TLC
to provide through the exclusive lease agreement the services of
one or more of TLC’s driver-employees.40 Id. at 159.
39(...continued)
its existing drivers’ employment. TLC would then
generally hire all of the drivers who passed its ap-
proval process and assigned them to the Trucking Com-
pany.
40Section one of the exclusive lease agreement provided:
Lessor [TLC] hereby leases to Lessee [trucking
company client] those drivers in the employment of
Lessor during the term of the Agreement. Lessee hereby
leases Lessor’s drivers on an exclusive basis and from
and after the date of this Agreement, Lessee shall not
employ, directly or indirectly, any drivers for its
trucking operation except those agreed to be furnished
by Lessor under this Lease Agreement or as otherwise
provided herein.
Section nine of the exclusive lease agreement provided in
pertinent part:
For purposes of this Agreement, Lessee warrants
and represents to Lessor as follows:
* * * * * * *
* * * That during the term of this Agreement, Lessee
shall not hire, lease, or utilize any drivers other than
drivers to be furnished by Lessor hereunder except only in
emergency situations duly disclosed to Lessor or upon
(continued...)
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