It’s been a strange ride for Amazon delivery drivers operating under the company’s Delivery Service Partner (DSP) program in Palmdale, CA.
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In April 2023, dozens of drivers working for DSP Battle-Tested Strategies (BTS)formed a union and successfully negotiated a contract with company, which at first strangely seemed to welcome the union.
They were considered the first delivery workers for Amazon to unionize. Then, in June 2023, BTS lost its Amazon business.
An Amazon spokesperson later told the Associated Press that the contract termination was over unrelated contractual breaches and that BTS was notified about the termination before the workers unionized (as BTS, not Amazon employees).
However, many workers and labor advocates still accused Amazon of retaliation and union busting, leading to actions by the group to the NLRB.
Last week, the NLRB dtermined that Amazon is a joint employer of subcontracted drivers who delivered the company's packages out of the Palmdale facility for BTS, at least for awhile.
The regional NLRB also determined that Amazon had engaged in multiple unfair labor practices at the Palmdale facility, including that Amazon and BTS "unlawfully failed and refused to bargain with the union over effects of the decision to terminate the BTS contract." The office also found that Amazon made unlawful threats and failed to provide relevant information to the union.
But the NLRB office said it did not find merit to other allegations against Amazon, including the claim that the company's decision to end its contract with BTS was a retaliatory move.
On Saturday, Eileen Hards, an Amazon spokesperson, said in an email to NPR that "As we have said all along, there is no merit to the Teamsters’ claims. If and when the agency decides it wants to litigate the remaining allegations, we expect they will be dismissed as well."
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Importantly, the NLRB's finding of merit is not a board decision or ruling, but the first step in the NLRB's general counsel to litigate the allegations after investigating an unfair labor practice charge. If the two parties fail to settle, the NLRB regional director will issue a complaint and a hearing will be scheduled with a NLRB judge, according to NPR.
While the NLRB determination applies only the Palmdale, the Teamsters are hoping the decision will be a catalyst for Amazon delivery drivers across the country to unionize over the next few years.
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