Labor Commission confirms Amazon drivers are employees, union welcomes decision

An anonymous reader cites an Ars Technica report: Amazon may be forced to bring some unionized delivery drivers to the bargaining table after a regional director of the National Labor Relations Board (NLRB) ruled Thursday that Amazon is a joint employer of contractors hired to ensure the e-commerce giant delivers packages on time. That appears to be a potentially significant loss for Amazon, which has long maintained that delivery service partners (DSPs) exclusively employ delivery drivers, not Amazon. In denying its employer status, Amazon had previously argued that it had no obligation to negotiate with driver unions and no liability for alleged union-busting, The Washington Post reported.

But now, after a year-long investigation, the NLRB has issued what the Amazon Delivery Drivers Union called a “groundbreaking decision that paves the way for Amazon delivery drivers across the country to organize with the Teamsters.” In a press release seen by Ars, the NLRB’s regional director confirmed that as a joint employer, Amazon had “unlawfully failed and refused to negotiate with the union” after terminating their DSP contract and firing “all union employees.” The NLRB found that instead of negotiating with the union, Amazon “delayed start times by immobilizing vans and failing to prepare packages for loading,” withheld information from the union, and “made unlawful threats.” The Teamsters said those threats included “job loss” and “intimidating employees with security guards.” (…)

If no settlement is reached, the NLRB will soon “file a complaint against Amazon and take the corporate giant to trial” after finding that “Amazon has engaged in a long list of egregious unfair labor practices at its Palmdale facility,” the Teamsters said. Apparently downplaying the NLRB’s decision, Amazon claims the Teamsters are trying to “misrepresent what’s happening here.” Amazon is apparently taking aim at the union, which claims that an NLRB decision on the merits of their case is a major victory when the NLRB has yet to issue a final decision. According to the NLRB press release, “a decision on the merits is not a ‘decision of the board’ — it is the first step in the NLRB’s legal process after investigating an allegation of unfair labor practice.” Sean M. O’Brien, Teamsters general president, claimed victory for union drivers not only in California, but for nearly 280,000 drivers across the country.

“Amazon drivers took their future into their own hands and won a monumental decision that makes clear that Amazon has a legal obligation to negotiate with its drivers over their working conditions,” O’Brien said. “This strike has paved the way for every other Amazon worker in the country to demand what they deserve and bring Amazon to the table.”