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billed its customers, each day ECI truck drivers earned more the
more deliveries they made.
ECI truck drivers did not bill ECI’s customers, did not
receive payments from customers, and did not involve themselves
in collection problems when customers failed to pay ECI for
deliveries.
Under the operating agreements, truck drivers could
terminate their contract with ECI with 30 days’ notice. In
practice, ECI allowed truck drivers to quit immediately without
giving advance notice.
Truck drivers with ECI did not accrue paid sick or vacation
leave or health or pension benefits.
Under the ECI operating agreements, truck drivers were not
precluded from making deliveries for companies other than ECI,
and typically truck drivers at their discretion could choose to
work or not work on any particular day without affecting their
status with ECI.
ECI did not provide trucks for the truck drivers to make
deliveries. Most of the ECI truck drivers owned their own trucks
outright or leased trucks through a company not related to ECI.
However, some truck drivers, including petitioner, leased trucks
from Conrad Companies, Inc. (CCI), a company related to ECI.
Also, truck drivers could lease from CCI cell phones and pagers
and could purchase from ECI work clothes.
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Last modified: March 27, 2008