Labor News & Commentary October 3, 2024 the NLRB has issued a complaint against Amazon & more

https://onlabor.org/october-3-2024/

By Divya Nimmagadda

Divya Nimmagadda is a student at Harvard Law School.

Over 47,000 port workers on the East and Gulf coasts went on strike earlier this week. The ILA union is demanding wage increases as well as protection against automation of cranes, gates, container-moving trucks, etc. As Everest discussed in yesterday’s post, President Joe Biden promptly announced the White House’s support for the striking workers. On Wednesday, Vice President Kamala Harris also aligned herself with the port workers, stating that “This strike is about fairness….The Longshoremen, who play a vital role transporting essential goods across America, deserve a fair share of these record profits.” She also took the opportunity to spotlight and critique former President Trump’s record on labor issues, noting how be “blocked overtime benefits for millions of workers, appointed union busters [to the National Labor Relations Board]…[and] said striking workers should be fired.” Trump meanwhile, in a statement earlier this week, has blamed the strike on inflation created by the Biden administration’s policies.

In other union news, the NLRB has issued a complaint against Amazon. The complaint states that Amazon has refused to negotiate with the Teamsters union representing their California drivers. These delivery service partners (DSPs) were employed through Amazon’s contract with Battle Tested Strategies. Amidst several other unfair labor practice charges, the complaint alleges that Amazon terminated its contract with BTS after the drivers unionized. Amazon has argued that it does not employ the workers, despite wielding substantial control over the drivers’ terms and conditions of employment. Teamsters president, Sean O’Brien, noted that “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.” This complaint comes on the heels of the regional NLRB’s decision (NLRB Region 31) in August that found Amazon to be a joint employer of its Delivery Service Partners, meaning the company has a legal duty to recognize and bargain with the Teamsters Union representing those drivers. An Amazon driver and union member, Brandi Diaz, described the joint relationship: “Drivers have always known that Amazon’s Delivery Service Partner program is a sham and that DSP companies are not the ones that control drivers. Now the government agrees. We wear Amazon uniforms, we drive Amazon vans, and Amazon controls every minute of our day….The time has come for Amazon drivers across the country to organize with the Teamsters and demand what we deserve.” Meanwhile, Amazon, in response to the proliferation of unfair labor charges in recent years, has been arguing that the NLRB structure is violative of the Constitution, filing a federal lawsuit on the issue with Starbucks, SpaceX and Trader Joe’s, which are also facing NLRB complaints. Amazon is required to respond to the complaint by October 15th and the NLRB hearing in front of an administrative law judge is scheduled for March 25th, 2025.