The National Labor Relations Board (NLRB) recently ruled that workers at a company responsible for delivering packages for Amazon are, in fact, considered employees of the e-commerce giant. This decision directly contradicted Amazon’s assertion that it holds no responsibility for the subcontractor’s employees. The ruling was made by a regional director of the NLRB in Los Angeles, who found merit in the allegations made by the delivery workers against Amazon. These accusations included claims that Amazon unlawfully refused to acknowledge the workers’ decision to unionize and failed to engage in negotiations with the union regarding workplace matters.
The NLRB also determined that Amazon had threatened employees, forced workers to attend meetings designed to discourage union activity, and neglected to provide requested information to the union. The delivery company involved, Battle-Tested Strategies, operated out of Amazon’s DAX8 fulfillment center in Palmdale, California. Despite the company’s owner voluntarily recognizing the drivers’ choice to organize and join the Teamsters union, Amazon chose to terminate the contract with Battle-Tested Strategies, resulting in the loss of jobs for 84 drivers.
This ruling was seen as a significant victory for Teamsters officials who had long contested Amazon’s claim that it does not exert control over its subcontracted workers and therefore holds no legal responsibility for their working conditions. The ruling could potentially pave the way for delivery drivers in other locations to unionize and demand negotiation with Amazon. Teamsters General President Sean M. O’Brien hailed the decision as a monumental win for Amazon drivers who, by taking action, had forced Amazon to recognize its duty to bargain with drivers over their working conditions.
Despite the favorable ruling for the Teamsters, not all of their allegations were upheld by the NLRB. For instance, the Board dismissed the claim that Amazon’s decision to terminate the contract with Battle-Tested Strategies was retaliatory. Amazon’s spokesperson, Eileen Hards, stated that the NLRB had rejected the majority of the Teamsters’ significant claims and reiterated that there was no merit to the allegations made by the union.
Since the termination of the Battle-Tested Strategies drivers in June 2023, the Teamsters have organized protests outside the Palmdale facility and other Amazon warehouses across the nation. Jessie Moreno, a driver from Palmdale, emphasized that Amazon must be held accountable for low wages and unsafe working conditions. The Teamsters vowed to unite Amazon workers nationwide in an effort to demand fair treatment and improved working conditions.
The NLRB’s ruling represents just the initial phase in the agency’s process of addressing allegations of labor law violations. Following an investigation into the workers’ claims, the NLRB spokesperson, Kayla Blado, explained that if Amazon and the Teamsters fail to reach a settlement, the labor agency will bring formal charges based on its findings. Subsequently, an administrative law judge would hear the case and have the authority to require the company to implement corrective actions. Any decision made by the judge could be subject to appeal to the labor board in Washington.
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