In a recent development, the National Labor Relations Board (NLRB) has determined that Amazon should be considered a “joint employer” of some of its contracted delivery drivers. This decision comes after two unfair labor practice charges were filed in January regarding Amazon’s treatment of drivers at the DAT6 warehouse in Atlanta. Despite Amazon’s history of hiring third-party drivers to manage its increasing volume of deliveries, the NLRB found evidence that drivers at the facility operated by MJB Logistics were jointly employed by Amazon.
This ruling could have significant implications for Amazon, as it may compel the company to engage in collective bargaining with employees who are seeking to unionize. The NLRB’s determination challenges Amazon’s longstanding position that it is not a joint employer of its contracted delivery companies. Critics, including lawmakers and labor groups like the Teamsters union, argue that Amazon exerts significant control over drivers by providing them with branded uniforms, vans, and setting their schedules and performance expectations.
Over the past year, the Teamsters union has intensified its efforts to organize Amazon delivery and warehouse workers. The creation of an Amazon division within the union in 2021 demonstrates a commitment to supporting and funding workers in their organizing endeavors. This concerted effort has resulted in strikes at Amazon delivery facilities and the affiliation of a labor group at an Amazon warehouse in New York with the Teamsters.
The NLRB’s investigation also found merit to claims that Amazon engaged in anti-union practices, including threatening drivers in Atlanta with site closure if they unionized and creating a coercive work environment. Additionally, allegations of surveillance at the facility further raise concerns about Amazon’s treatment of its contracted workers.
While the NLRB’s determinations in Atlanta and Palmdale are not immediate board decisions, they represent the first stage in the agency’s process of litigating allegations of unfair labor practices. If the parties involved do not reach a settlement, a hearing will be scheduled with an NLRB judge. Both Amazon and the drivers have the right to appeal the judge’s decision to the NLRB board and potentially to federal court, prolonging the legal battle over Amazon’s status as a joint employer.
The NLRB’s ruling highlights the complex relationship between Amazon and its contracted delivery drivers, raising questions about the company’s labor practices and potential implications for worker rights. As the legal process unfolds, the outcome of this dispute will have far-reaching consequences for Amazon, its drivers, and the broader landscape of labor relations in the gig economy.