A regional National Labor Relations Board director determined that Amazon is a joint employer of contractors hired as Amazon delivery drivers, marking a big loss for Amazon, which has long argued that its drivers were exclusively employed by its delivery service partners, not by Amazon.
This relationship (or lack of) with its drivers has historically allowed Amazon to take no responsibility for bargaining with driver unions and no responsibility for alleged union busting. However now that golden era of lack of accountability may be coming to an end.
The Amazon delivery drivers' union calls the decision “a groundbreaking decision that sets the stage for Amazon delivery drivers across the country to organize with the Teamsters.”
Arstechnica reports:
The NLRB regional director confirmed that as a joint employer, Amazon had “unlawfully failed and refused to bargain with the union” after terminating their DSP's contract and terminating “all unionized employees.” The NLRB found that rather than bargaining with the union, Amazon “delayed start times by grounding vans and not preparing packages for loading,” withheld information from the union, and “made unlawful threats.” Teamsters said those threats included “job loss” and “intimidating employees with security guards.”
Sean M. O’Brien, the Teamsters general president, said:
“Amazon drivers have taken their future into their own hands and won a monumental determination that makes clear Amazon has a legal obligation to bargain with its drivers over their working conditions. This strike has paved the way for every other Amazon worker in the country to demand what they deserve and to get Amazon to the bargaining table.”
Unless a settlement is reached, the NLRB will soon issue a complaint against Amazon and prosecute the company after finding that “Amazon engaged in a long list of egregious unfair labor practices at its Palmade facility.”
Amazon claims that the Teamsters are trying to “misrepresent what is happening here,” and the company is taking issue with the union claiming that an NLRB determination on the merits of their case is a major win without it yet issuing a final ruling.
Next Steps: NLRB will determine if the remaining allegations should be determined by a judge, which if so, Amazon will have opportunities to appeal any unfavorable rulings.