In a significant development for Amazon delivery drivers, a regional National Labor Relations Board (NLRB) director has determined that Amazon is a joint employer of the contractors responsible for ensuring prompt package deliveries. This finding could potentially force Amazon to engage in collective bargaining with unionized delivery drivers, contrary to its previous claims that the drivers were employed exclusively by the delivery service partners (DSPs).

The NLRB's decision comes after a year-long investigation, during which it was revealed that Amazon had unlawfully failed to bargain with the drivers' union. The NLRB found evidence of unfair labor practices, such as delaying start times and withholding information from the union. The Teamsters, the union representing the drivers, stated that Amazon had also made unlawful threats, including job loss and intimidating employees with security guards.

Sean M. O'Brien, the General President of the Teamsters, hailed the decision as a groundbreaking victory with far-reaching implications for nearly 280,000 drivers nationwide. O'Brien emphasized that Amazon now has a legal obligation to engage in negotiations over working conditions with its drivers, stating that the determination has set the stage for other Amazon workers across the country to demand their deserved rights and bring Amazon to the bargaining table.

Unless a settlement is reached, the NLRB will proceed to prosecute Amazon at a trial, issuing a complaint against the corporate giant for numerous unfair labor practices at its Palmdale facility. However, Amazon has downplayed the significance of the NLRB's determination, accusing the Teamsters of misrepresenting the situation. Amazon's spokesperson, Eileen Hards, confirmed that the company expects most of the Teamsters' claims to be dismissed.

Despite Amazon's response, the NLRB's determination that Amazon is a joint employer of the unionized delivery drivers could lead to improved working conditions for these employees. One Amazon driver from Palmdale, Jessie Moreno, expressed hope that Amazon would no longer evade responsibility for low wages and dangerous working conditions. Moreno emphasized that the NLRB's decision holds Amazon accountable and signifies a turning point for drivers.

The NLRB determination stems from a complaint filed by 84 Amazon workers from Palmdale, California, who became the first Amazon delivery drivers to unionize in April 2023, through representation by Teamsters Local 396. Since then, the strike has gained momentum, with workers from over 50 Amazon warehouses across 10 states joining the picket line. More recently, drivers in Skokie, Illinois, and members of the Amazon Labor Union in New York, voted overwhelmingly to affiliate with the Teamsters.

The Teamsters argue that Amazon has used its DSP subcontractor business model to avoid responsibility for its drivers since 2018. However, with the NLRB's determination that Amazon exercises control over the drivers' labor and working conditions, the Teamsters believe that the decision will extend to all Amazon DSP drivers who choose to unionize nationwide.

Amazon drivers are currently fighting for higher wages and improved safety measures, as they contend with what they describe as hazardous working conditions. Moreno, reflecting on the NLRB determination, sees it as a critical step towards organizing more drivers and ending Amazon's alleged unfair labor practices across the country.

As of now, Amazon awaits further proceedings related to the remaining allegations, which may be decided by an administrative law judge. The company maintains that the Teamsters' claims lack merit and anticipates that they will eventually be dismissed, while declining to comment on the impact of the NLRB's joint employer determination.

The NLRB's finding marks a significant milestone in the ongoing struggle to strengthen workers' rights within the Amazon delivery sector. With the support of the Teamsters, Amazon drivers are forging a path towards improved working conditions and fair negotiations with one of the world's largest e-commerce companies.