Ronald E. Byers - Page 5




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               Whether the trucks were owned or leased by the drivers, ECI            
          did not pay the truck drivers for fuel, insurance, or maintenance           
          costs of the trucks.  If truck drivers leased trucks from CCI to            
          make deliveries, CCI provided tools and other equipment (such as            
          pallet jacks) for the purpose of making ECI deliveries, and CCI             
          also paid the fuel, insurance, and maintenance costs for the                
          leased trucks.  In return, the truck drivers who leased trucks              
          from CCI owed CCI monthly lease payments on the trucks equal to             
          approximately 55 percent of the amounts ECI owed the truck                  
          drivers for deliveries.                                                     
               Under a typical lease agreement with CCI, a particular CCI             
          truck might be used by different truck drivers within a 24-hour             
          period.                                                                     
               Generally, trucks leased from CCI were required to be parked           
          overnight on ECI property, and trucks owned by the truck drivers            
          and trucks leased by the truck drivers from a company other than            
          CCI were not to be parked overnight on ECI property.                        
               ECI treated the truck drivers, including petitioner, as                
          independent contractors.  The June 9, 1999, operating agreement             
          that petitioner entered into with ECI referred to petitioner as             
          an independent contractor.  For example, clause nine of the                 
          operating agreement provided as follows:                                    

                    9.  Independent Contractor Relationship.                          
               [Petitioner] agrees and understands that the                           
               relationship created by this Agreement between himself                 
               and ECI is solely one wherein [petitioner] * * * is an                 






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Last modified: March 27, 2008