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ignored that each trucking company client “determined whether and
how much the drivers * * * [and] how [such] drivers would be
paid.” As we understand petitioner’s assertion, petitioner
contends that each trucking company client determined unilat-
erally without the agreement of TLC whether, how much, and how
each driver-employee was to be paid. Such a contention is
contrary to the findings that the Court in Transport Labor I made
based upon an examination of the entire record before it.
With respect to petitioner’s assertion that each trucking
company client determined how much each driver-employee was to be
paid, the Court found in Transport Labor I that TLC and each
trucking company client agreed in the exclusive lease agreement
that such trucking company client was to submit for each payroll
period a batch report to TLC which showed certain information
that TLC needed in order to determine, inter alia, the amount of
gross wages and per diem amounts, if any, to which each driver-
employee was entitled, the amount of the lease fee to which TLC
was entitled,45 and the amount that TLC had to withhold in order
to pay Federal and State income taxes and employment taxes with
respect to each driver-employee. Transp. Labor Contract/Leasing,
45For each payroll period, the batch report that each truck-
ing company client submitted to TLC showed, inter alia, such
trucking company client’s calculation of the lease fee for such
payroll period. TLC used the information submitted by each
trucking company client in each batch report to determine the
lease fee that such trucking company client owed TLC for each
payroll period.
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