The Worker

New NLRB Ruling States Amazon DSP Drivers are Employees, not Contractors

Originally published by Labor Today – https://labortoday.luel.us/en/

The National Labor Relations Board (NLRB) ended a year long investigation in favor of workers at Amazon; specifically, that Amazon is a joint employer of the Delivery Service Partner (DSP) drivers and must now must be recognized as Amazon employees, and therefore they must legally recognize and bargain with the drivers who are organized with the International Brotherhood of Teamsters (IBT).

Back in 2018, Amazon launched its DSP program and has now grown to employ over 280,000 workers, but Amazon claimed the drivers were subcontractors even though the company controlled the drivers terms and conditions of employment. This led to Amazon sidestepping federal labor laws and committing dozens of unfair labor practices (ULP) in Palmdale, California including holding captive audience meetings, threatening job loss, and intimidation.

“Amazon drivers have taken their future into their own hands and won a monumental determination that makes clear Amazon has a legal obligation to bargain with its drivers over their working conditions. This strike has paved the way for every other Amazon worker in the country to demand what they deserve and to get Amazon to the bargaining table.”
-Teamsters General President Sean M. O’Brien.

DSP drivers from Palmdale have been on a ULP strike since June 24, 2023 after Amazon refused to recognize the newly formed union of 84 drivers, maintaining it did not employ the drivers. The Palmdale Teamsters have grown their picket line to over 50 Amazon warehouses, including Skokie, Illinois who also launched a ULP strike in June 2024, citing low pay, dangerous working conditions and their refusal to bargain with the Teamsters. Workers in the San Bernardino, California KSBD warehouse, as well as the Hebron, Kentucky KCVG Warehouse have also gone on strike recently over unfair labor practices.

“We wear Amazon uniforms, we drive Amazon vans, and Amazon controls every minute of our day. Amazon can no longer have all the benefits of their own fleet of drivers without the responsibilities that come with it. The time has come for Amazon drivers across the country to organize with the Teamsters and demand what we deserve.”
-Brandi Diaz, Amazon driver and Teamsters Local 396 member

The NLRB’s next step will be to issue a complaint against Amazon and bring the company before an NLRB judge for trial. The Teamsters are hoping the ruling from the NLRB on the Palmdale drivers will include DSP workers nationwide.

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