The National Labor Relations Board (NLRB) recently determined that workers at a company delivering packages for Amazon are considered employees of the e-commerce giant. This finding directly contradicts Amazon’s claim that it is not responsible for the subcontractor’s staff. The regional director of the NLRB in Los Angeles found merit in accusations made by delivery workers regarding Amazon’s refusal to recognize their decision to unionize and the failure to negotiate with the union over workplace issues. Additionally, Amazon was accused of threatening employees, requiring workers to attend meetings aimed at disparaging union activity, and withholding information requested by the union.
The delivery company in question, Battle-Tested Strategies, operated out of Amazon’s DAX8 fulfillment center in Palmdale, California. The company’s owner, Johnathon Ervin, voluntarily acknowledged the decision by drivers to organize and join a local chapter of the Teamsters union. Following this, Amazon terminated its contract with Battle-Tested Strategies, resulting in the loss of jobs for 84 drivers who delivered Amazon packages. This decision marked a significant win for Teamsters officials, challenging Amazon’s long-held stance that it does not exert control over subcontracted drivers and therefore has no legal responsibility for their working conditions.
Teamsters General President Sean M. O’Brien commended Amazon drivers for taking control of their future and achieving a milestone determination that obligates Amazon to bargain with its drivers over their working conditions. This victory has the potential to empower delivery drivers from other companies to unionize and demand negotiations with Amazon. O’Brien expressed optimism that the ruling would set a precedent for Amazon workers nationwide to seek what they deserve and compel Amazon to engage at the bargaining table. However, the NLRB did not uphold all the allegations made by the Teamsters, dismissing claims of retaliation related to Amazon’s decision to end its contract with Battle-Tested Strategies.
Amazon spokesperson Eileen Hards countered the NLRB’s findings by stating that most of the Teamsters’ significant claims had been dismissed. Hards reiterated Amazon’s position that the Teamsters were misrepresenting the situation and maintained that there was no merit to the allegations brought against the company. She expressed confidence that any remaining claims would also be dismissed if litigated by the agency. Since the termination of the Battle-Tested Strategies drivers, the Teamsters have organized protests at the Palmdale facility and other Amazon warehouses across the United States.
The NLRB’s determination is an initial step in the board’s process for addressing allegations of unfair labor practices. According to NLRB spokesperson Kayla Blado, if Amazon and the Teamsters fail to reach a settlement, the labor agency will issue a formal complaint based on its findings. The case would then proceed to an administrative law judge, who could mandate remedies for the situation. Any decisions made by the judge could potentially be appealed to the labor board in Washington, allowing for further legal recourse. The outcome of this case could have far-reaching implications for Amazon and its treatment of workers across various delivery companies.
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