Amazon illegally refused to bargain with drivers’ union, NLRB alleges

The National Labor Relations Board (NLRB) has filed charges against Amazon, alleging that the e-commerce giant has illegally refused to bargain with a union representing drivers who are frustrated by what they claim are low wages and dangerous working conditions. Back in August, drivers celebrated what they considered a major win when the NLRB found that Amazon was a joint employer of sub-contracted drivers, cheering "We are Amazon workers!" At that time, Amazon seemed to be downplaying the designation, telling Ars that the union was trying to "misrepresent" a merit determination that the NLRB confirmed was only "the first step in the NLRB’s General Counsel litigating the allegations after investigating an unfair labor practice charge." But this week, the NLRB took the next step, signing charges soon after Amazon began facing intensifying worker backlash, not just from drivers but also from disgruntled office and fulfillment workers. According to Reuters, the NLRB accused Amazon of "a series of illegal tactics to discourage union activities" organized by drivers in a Palmdale, California, facility. Amazon has found itself in increasingly hot water ever since the Palmdale drivers joined the International Brotherhood of Teamsters union in 2021. The NLRB's complaint called out Amazon for terminating its contract with the unionized drivers without ever engaging in bargaining. The tech company could have potentially avoided the NLRB charges if Amazon had settled with drivers, who claimed that rather than negotiate, Amazon had intimidated employees with security guards and illegally retaliated against workers unionizing. Although Amazon recently invested $2.1 billion—its "biggest investment yet"—to improve driver safety and increase drivers' wages, Amazon apparently did not do enough to settle drivers' complaints. The NLRB said in a press release sent to Ars that the complaint specifically alleged that "Amazon failed and refused to bargain" with Teamsters "and that it did not afford the union the opportunity to bargain over the effects of terminating" the Palmdale drivers' contract, "increasing inspections, reducing and termination routes, and terminating employees in the bargaining unit." Additionally, "the complaint further alleged that Amazon made unlawful threats and promises, held captive audience meetings, delayed employee start times and increased vehicle inspections to discourage union activities, and failed and refused to furnish information to the union." Amazon thinks it's notable that the complaint dropped workers' claims of retaliation. A company spokesperson, Eileen Hards, told Ars that “this complaint makes clear that the Teamsters have been misrepresenting the facts here for over 15 months, which is why the NLRB has not included most of their larger allegations. As we’ve said all along, there is no merit to any of their claims. We look forward to showing that as the legal process continues and expect the few remaining allegations will be dismissed as well.” In a press release sent to Ars, the Teamsters said that Amazon was charged "with dozens of unfair labor practices that were deployed in an unsuccessful effort to thwart organizing efforts by Amazon delivery drivers." As a potential remedy, the NLRB could force Amazon to rehire terminated drivers or provide them with a neutral letter of reference, Teamsters said. "Amazon wants to reap the benefits of drivers’ labor without having to take on any of the responsibility
for their wellbeing—and those days are over,” Sean O’Brien, Teamsters general president, said in the press release.“This decision brings us one step closer to getting Amazon workers the pay, working conditions, and
contracts they deserve. Amazon has no choice but to meet us at the negotiating table.” Amazon has until October 15 to respond to the charges.

Workers’ fight for $25/hour continues

After the merit ruling, O’Brien boasted in a press release that striking drivers had "paved the way for every other Amazon worker in the country to demand what they deserve and to get Amazon to the bargaining table." Now more workers are joining Teamsters, seemingly impressed by the results they've achieved so far. On Wednesday, over 100 Amazon warehouse workers joined Teamsters, becoming the "first-ever group of Amazon warehouse workers to demand union recognition outside of the National Labor Relations Board (NLRB) election process," Teamsters said in a press release. Warehouse workers had also secured a substantial financial offering from Amazon in September, when Amazon invested $2.2 billion to raise the base salaries of hourly fulfillment workers to more than $22 an hour and more than $29 an hour including benefits. But workers told Ars that they only got that raise because of their organizing, promising, "we'll keep fighting until we reach $25." Amazon has previously pushed back on the NLRB determination that it's a joint employer, Reuters noted, because it allegedly "does not have enough control over drivers' working conditions." That claim doesn't seem to gel with workers' experiences, however, as a proposed class action last year alleged that Amazon was spying on drivers, while Vice reported that footage from Amazon's invasive in-van surveillance was leaking online. Amazon will likely dispute the joint employer determination, arguing that only contracting companies like Delivery Service Providers have immediate control over contractors. However, if the determination sticks, Amazon may be forced to bargain with all unionized contractors seeking better working conditions. "The NLRB’s complaint rebuts Amazon’s argument, proving Amazon exercises widespread control over drivers’ working conditions, making Amazon the drivers’ lawful employer," Teamsters said Wednesday. There's still a long road ahead for drivers and other Amazon employees fighting to have their unions recognized. In March, Amazon will face an administrative judge who will weigh the evidence against Amazon at a hearing, Reuters reported. After that, the NLRB can review the ruling and it can potentially be appealed in federal court. This story was updated to include statements from the NLRB, Amazon, and Teamsters.