What comes next in the Amazon-Teamsters showdown?

This fall, the dispute between Amazon and the Teamsters unfolded on several fronts, with neither side gaining a clear victory. Key events include a unionization effort in Kentucky where the Teamsters claimed success, contested by Amazon; proposed legislation in New York City that raises questions about local government authority in labor matters; and ongoing federal proceedings at the National Labor Relations Board (NLRB) that have so far favored union initiatives.

Kentucky Drivers Join Teamsters

In the Bluegrass State, Amazon employees operating Class 8 tractors at the SDF9 facility in Shepherdsville, south of Louisville, were reported by the Teamsters as the first Amazon tractor-trailer drivers to unionize. Unlike drivers at Amazon's third-party delivery providers (DSPs), these Kentucky employees receive W-2 forms directly from Amazon. The only other W-2 Amazon employees to vote for Teamsters representation are at a Staten Island warehouse, where contract negotiations are still ongoing.

Unlike other union drives, the Kentucky effort did not involve a formal NLRB election. Sources indicate the Teamsters submitted a recognition request supported by a majority of employees, citing the 2023 NLRB CEMEX decision. Under this precedent, employers can recognize the union, demand a secret ballot vote, or challenge union certification. Amazon questioned the Teamsters claims, emphasizing that employees have the freedom to choose union membership and that competitive pay, benefits, and career growth opportunities are already provided.

Proposed New York City Legislation

In New York City, a bill introduced by Council member Tiffany Caban aims to redefine employment for DSP drivers and warehouse workers, effectively making them direct employees of Amazon facilities. The legislation also seeks to limit contracting with third parties for core delivery and warehouse services. Experts question whether the city has legal jurisdiction, considering federal regulations on interstate commerce and preemption under the Federal Aviation Administration Authorization Act. The bill remains in committee and would need reintroduction if not passed before the end of the council session.

Federal NLRB Cases Favor Union Claims

A federal case involving DSP Battle Tested Strategies in Palmdale, California is testing Amazon's status as a joint employer. The NLRB, under the Biden administration and continued by the Trump appointee William Cowen, has maintained findings favorable to the union. The case argues that Amazon controls DSP drivers schedules, uniforms, and work processes, effectively making it a joint employer. Amazon disputes these claims and anticipates showing their lack of merit through ongoing legal proceedings.

Next Steps in NLRB Proceedings

The administrative law judge in Los Angeles will issue a ruling on unfair labor practices, which can be appealed to the full NLRB in Washington, currently lacking a quorum. Following that, the case could advance to federal court. These legal developments contribute to differing interpretations of Amazons joint employer status between the company and the Teamsters.

Throughout these developments, the Teamsters have also expanded influence in Amazons food distribution network, demonstrating the unions growing presence in logistics sectors connected to the e-commerce giant.

Author: Sophia Brooks