Some contracted delivery drivers working for Amazon are considered 'joint employers' by a labor group.

• An NLRB regional director ruled that Amazon should be classified as a "joint employer" for some delivery drivers at an Atlanta facility.
• The e-commerce giant, Amazon, has attempted to evade the classification of its delivery drivers as employees, stating that they are workers of the third-party companies contracted to deliver packages on their behalf.
• If drivers unionize, Amazon may be forced to negotiate.

The National Labor Relations Board's regional director stated on Wednesday that the company should be considered a "joint employer" of some of its contracted delivery drivers.

In January, two unfair labor practice charges were filed against Amazon at its Atlanta warehouse, DAT6, alleging that the company jointly employed drivers working for MJB Logistics.

Amazon has been challenged by lawmakers and labor groups, including the Teamsters union, over its classification as a joint employer of its contracted delivery companies. The union argues that drivers wear Amazon-branded uniforms, drive Amazon-branded vans, and have their schedules and performance expectations set by the company.

The NLRB's decision may force Amazon to negotiate with employees seeking to unionize, as it follows a similar ruling made by an NLRB official last month, which determined that Amazon is a joint employer of some subcontracted drivers at its facility in Palmdale, California.

In the past year, the Teamsters have intensified their efforts to organize Amazon delivery and warehouse workers. The union established an Amazon division in 2021 to support and fund workers at the company in their organizing efforts. Since then, they have led several strikes at Amazon delivery facilities and a labor group at an Amazon warehouse on New York's Staten Island has affiliated with the Teamsters in June.

In April 2023, Battle Tested Strategies' drivers were unionized with the Teamsters, resulting in Amazon canceling their contract. Amazon denied the claim, stating that the contract ended prior to the union push.

On Wednesday, the NLRB found merit to allegations that Amazon threatened drivers in Atlanta with closing their site if they unionized, made coercive statements, and gave the impression of surveillance at the facility.

The NLRB's determinations in Atlanta and Palmdale are not board decisions, according to Kayla Blado, a spokesperson for the group. Instead, they are the initial step in the agency's general counsel litigating the allegations laid out in an unfair labor practice charge. If the parties do not settle, a hearing will be scheduled with an NLRB judge. Either party can appeal that judge's decision to the NLRB board, and it can be further appealed in federal court.

Amazon didn't immediately respond to a request for comment.

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