The National Labor Relations Board (NLRB) Regional Director in Los Angeles (Region 31) has filed a complaint against Amazon saying it is a joint employer with one of its delivery contractors the Teamsters are organizing. The complaint will be challenged as it could set a significant precedent that not only threatens Amazon’s nationwide network of delivery contractors but could more broadly threaten the widespread use many companies make of contractors to insulate themselves from legal liability by outsourcing core functions of their business operations.
The complaint is based on a merit determination by the NLRB last month finding that Amazon and its contractor, Battle Tested Strategies, should be held jointly responsible for drivers at the DAX8 warehouse in Palmdale, CA who unionized with the Teamsters in 2023 before Amazon cut its contract with the firm, effectively firing the unionized drivers. The board’s complaint alleges that Amazon and the contractor failed to bargain with the union over the effects of terminating the contract, as well as a handful of other legal violations including delaying employee start times and increasing vehicle inspections to discourage union activities. The case is Amazon.com Services, LLC, N.L.R.B., No. 31-CA-317349, complaint filed 9/30/24.