In a recent development, a regional director for the National Labor Relations Board (NLRB) stated that Amazon should be deemed a “joint employer” of some of its contracted delivery drivers. This decision comes after two unfair labor practice charges were filed in January concerning the treatment of drivers at an Atlanta warehouse known as DAT6. Despite Amazon’s practice of hiring third-party drivers to manage its increasing volume of deliveries, the regional director found that Amazon was jointly employing drivers at the site who were working for a contractor named MJB Logistics.
This determination has significant implications for Amazon as it could require the company to negotiate with employees who are seeking to unionize. This ruling is part of a broader trend, with an NLRB official making a similar decision last month, stating that Amazon is a joint employer of some subcontracted drivers at a facility in Palmdale, California. Lawmakers and labor groups, including the Teamsters union, have been challenging Amazon’s classification, pointing out that drivers wear Amazon-branded attire, use Amazon-branded vehicles, and have their schedules and performance expectations dictated by the company.
The Teamsters union has been particularly active in organizing Amazon delivery and warehouse workers over the past year. In 2021, the union established an Amazon division to provide support and resources to workers involved in organizing efforts within the company. Various strikes have been organized at Amazon delivery facilities, and a labor group at an Amazon warehouse in New York chose to affiliate with the Teamsters in June. Additionally, in April 2023, drivers from Battle Tested Strategies claimed that Amazon terminated their contract after they voted to unionize with the Teamsters, an allegation that Amazon refuted, stating that the contract had ended before the unionization attempt.
The NLRB’s investigation in Atlanta and Palmdale is not a definitive ruling but rather the initial step in the agency’s general counsel litigating the claims outlined in the unfair labor practice charge. If the parties involved are unable to reach a settlement, a hearing will be scheduled with an NLRB judge. Subsequently, either party has the option to appeal the judge’s decision to the NLRB board and potentially to federal court. The NLRB’s recent findings include charges of Amazon threatening drivers in Atlanta with site closure if they unionized, making coercive statements, and creating an atmosphere of surveillance at the facility.
Overall, the NLRB’s determination that Amazon should be considered a “joint employer” of contracted delivery drivers has significant implications for the company’s labor practices and may lead to increased pressure from labor groups and regulators to address employment practices within its network of contracted delivery companies. This decision underscores the ongoing debate surrounding the classification of drivers and the responsibilities of companies like Amazon towards their workforce.
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