Key Points:
- An NLRB regional director ruled that Amazon should be classified as a “joint employer” for some delivery drivers at an Atlanta facility.
- Amazon argues that drivers are employees of third-party contractors and not directly employed by the company.
- This ruling could require Amazon to negotiate with drivers if they seek to unionize.
A regional director for the National Labor Relations Board (NLRB) determined that Amazon should be considered a “joint employer” of certain contracted delivery drivers at its Atlanta facility, DAT6, on Wednesday.
The NLRB was reviewing two unfair labor practice complaints filed in January, addressing Amazon’s relationship with drivers employed by MJB Logistics, a third-party contractor. While Amazon has relied on third-party drivers for its massive delivery operations, the NLRB found that Amazon jointly employed drivers at the site, meaning the company has more responsibility for them than it has acknowledged.
Amazon has consistently fought to avoid being designated as a joint employer of the contractors who deliver its packages. Lawmakers and labor groups, including the Teamsters union, have argued that Amazon controls significant aspects of drivers’ work, such as their uniforms, vans, schedules, and performance standards, thereby making it a joint employer.
This ruling could have major implications for Amazon if drivers at the Atlanta facility decide to unionize, as it would force the company to come to the bargaining table. The NLRB’s regional director’s finding comes just weeks after a similar ruling involving drivers at an Amazon facility in Palmdale, California.
The Teamsters union has been ramping up efforts to organize Amazon’s warehouse and delivery workers, launching an Amazon division in 2021 to help workers with unionizing efforts. The union has led several strikes at Amazon delivery centers, and a labor group at the Staten Island warehouse in New York aligned with the Teamsters earlier this year.
In a notable case in April 2023, drivers who worked for Battle Tested Strategies alleged that Amazon canceled their contract after they voted to unionize with the Teamsters. Amazon, however, claimed the contract ended before the union push began.
In addition to the joint employer ruling, the NLRB also found that Amazon may have violated labor laws at its Atlanta facility by threatening to close the site if drivers unionized and making coercive statements that gave the impression of surveillance.
While the ruling is not a final decision, it marks the first step toward potential litigation. If a settlement is not reached, a hearing with an NLRB judge will be scheduled. Both parties have the right to appeal the judge’s decision, with the possibility of further legal action in federal court.
Amazon declined to comment on the NLRB’s findings.
Source: CNBC
