AKRON, Ohio — Legal Analysis: As the International Brotherhood of Teamsters union tries to help Amazon drivers and workers unionize, people were picketing Thursday outside an Amazon facility at the former Rolling Acres Mall in Akron.
Legally Speaking, the impact of this demonstration and what might happen next are unclear.
Here’s why things are complicated: Many people who drive delivery trucks for Amazon work for other companies, and those companies contract with Amazon to provide it with drivers. At the most basic level, that would mean those drivers aren’t direct employees of Amazon.
Recently, though, the National Labor Relations Board issued a merit decision saying people who drive for Amazon can be considered joint employees of both Amazon and the company they’re directly hired by, and that Amazon is breaking the law by failing to bargain with those individuals. That merit decision isn’t final and has to go before an administrative law judge, but for now, that’s the position the Teamsters are taking.
The Teamsters are arguing Amazon is legally required to bargain with the union since they say the workers have organized and requested representation. Union General President Sean M. O’Brien said, “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.”
The Teamsters told Amazon it had until Dec. 15 to set a date to begin bargaining a union contract, or else drivers and workers would go on strike. No bargain time was set, and strikes have now been reported around the country.
However, Amazon spokesperson Kelly Nantel told 3News, “What you see here are almost entirely outsiders — not Amazon employees or partners — and the suggestion otherwise is just another lie from the Teamsters. The truth is that they were unable to get enough support from our employees and partners and have brought in outsiders to come and harass and intimidate our team, which is inappropriate and dangerous.”
The Teamsters couldn’t be reached to confirm exactly who was picketing in Akron, but in general, there’s a disagreement between Amazon and the Teamsters over what is required to amount to workers authorizing union representation.
The Teamsters say they represent somewhere around 10,000 Amazon drivers and workers, some of whom have signed representation cards. Amazon disputes that that satisfies what’s required, saying there have been no votes taken to unionize.
If you’re wondering how all of this might affect your holiday deliveries, Amazon says they haven’t seen any impact on operations so far.
Stephanie Haney is licensed to practice law in both Ohio and California.
The information in this article and video is provided for general informational purposes only. None of the information in this article and video is offered, nor should it be construed, as legal advice on any matter.
