The National Labor Relations Board recently announced that Amazon should be recognized as a “joint employer” of some of its contracted delivery drivers. This decision was made after reviewing two unfair labor practice charges filed in January, specifically regarding the treatment of drivers at an Atlanta warehouse known as DAT6. While Amazon has traditionally used third-party drivers to manage its increasing number of deliveries, the NLRB’s regional director determined that Amazon jointly employed drivers at the site who were working for a contractor named MJB Logistics.
Amazon has strongly resisted being labeled as a joint employer of its vast network of contracted delivery companies. Despite this, lawmakers and labor organizations such as the Teamsters union have challenged this characterization. They argue that drivers wear Amazon-branded uniforms, drive Amazon-branded vehicles, and have their schedules and performance expectations dictated by the company. This ongoing dispute could potentially lead to Amazon being required to engage in bargaining with employees looking to unionize.
Over the past year, the Teamsters union has intensified its efforts to organize Amazon delivery and warehouse workers. In 2021, the union launched an Amazon division aimed at aiding and financing workers in their organizing endeavors. This initiative has resulted in several strikes at Amazon delivery facilities, including a labor group at an Amazon warehouse on New York’s Staten Island choosing to affiliate with the Teamsters in June. However, conflicts have arisen, such as drivers working for Battle Tested Strategies alleging that Amazon terminated their contract after voting to unionize with the Teamsters in April 2023.
The NLRB’s recent determinations in Atlanta and Palmdale are not final board decisions but rather initial steps in the agency’s general counsel addressing the allegations outlined in an unfair labor practice charge. If the involved parties fail to reach a settlement, a hearing will be arranged with an NLRB judge. Subsequently, either party has the option to appeal the judge’s decision to the NLRB board and potentially pursue further appeals in federal court. The NLRB’s findings in Atlanta included claims of Amazon threatening drivers with site closure if they unionized, making coercive statements, and creating a sense of surveillance at the facility.
The ongoing conflict between Amazon and its contracted delivery drivers highlights the complexities of labor relations in the gig economy. The distinction of Amazon as a joint employer has significant implications for the future of labor organizing within the company. As legal processes unfold and disputes continue, the outcome of these developments will undoubtedly shape the landscape of worker rights and representation in the digital age.
Leave a Reply
You must be logged in to post a comment.