Oct 2 (Askume) – A U.S. labor panel accused Amazon (AMZN.O) of unlawfully refusing to negotiate with unions representing drivers employed by the contractor, the agency announced on Wednesday.
The National Labor Relations Board (NLRB) complaint alleges that Amazon is a so-called “joint employer” of drivers employed by contractor Battle Tested Strategies (BTS) and that it has taken steps to prevent union activity at the Palmdale plant in California by using a number of illegal tactics.
BTS drivers voted last year to join the International Brotherhood of Teamsters union, making them the first Amazon delivery contractors to form a union.
The NLRB said in a complaint issued Monday that Amazon violated the law by terminating its contract with BTS after the drivers formed a union without first bargaining with other truck drivers.
The union’s claim that Amazon controls BTS drivers and should be considered their employer under federal labor law is unfounded, the commission said in August. At the time, the NLRB said it would delay filing a complaint until Amazon resolved the matter.
The commission said last month that it planned to file a second complaint against another group of Amazon drivers .
Amazon spokesperson Eileen Hardts said in a statement that the National Labor Relations Board (NLRB) did not include many of the Teamsters Union’s allegations in its complaint, indicating that the union “misrepresented the facts.”
“As we have stated previously, there is no merit to any of their allegations. We look forward to proving this as the legal process continues and hope that some of the remaining charges will be dismissed as well,” Hartz said.
Amazon has previously said it doesn’t have enough control over drivers’ working conditions to be considered their joint employer.
Teamsters President Sean O’Brien said in a statement that Amazon seeks to profit from the labor of its drivers without taking responsibility for their well-being.
“This decision brings us one step closer toward providing Amazon workers the wages, working conditions and contracts they deserve,” O’Brien said.
Joint employment has been one of the most controversial labor issues in the United States over the past decade, and the National Labor Relations Board’s standards for companies to qualify as a joint employer have changed several times since the Obama administration.
Business groups favor a test that requires direct and immediate control over workers, while labor unions and Democrats favor a standard that excludes indirect forms of control.
The case will be heard by a Los Angeles administrative judge, with a preliminary hearing scheduled for March next year. The judge’s decision will likely be reviewed by the five-member NLRB, which can be appealed in federal court.
The ruling declaring Amazon a joint employer under federal labor law could apply to cases involving other Amazon contractors and force the company to bargain with driver unions.
At the same time, the commission is facing allegations from several companies, including Amazon, that its structure and internal enforcement procedures violate the U.S. Constitution.
Amazon has filed a lawsuit against its board of directors, seeking to prevent it from deciding whether the company should negotiate with the union representing its New York City warehouse workers. A federal appeals court has temporarilyProhibits the NLRB from making a decision when reviewing Amazon’s claims .
