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Delivery drivers at third-party company in California are Amazon employees, NLRB finds

Workers at a company that delivered packages for Amazon are considered employees of the e-commerce giant, the National Labor Relations Board said, rejecting Amazon's claim that it is not responsible for the subcontractor's staff.

The finding, issued by a regional director of the NLRB in Los Angeles, determined there was merit to accusations by the delivery workers that Amazon unlawfully refused to recognize their decision to unionize and failed to negotiate with the union over workplace issues. The NLRB also found Amazon had threatened employees, inappropriately required workers to attend meetings meant to disparage union activity, and failed to provide information requested by the union.

The delivery company, Battle-Tested Strategies, operated out of Amazon's DAX8 fulfillment center in Palmdale, California. The company's owner, Johnathon Ervin, voluntarily recognized the decision by drivers to organize and join a local chapter of the Teamsters union.

Amazon ended the company's contract last year, effectively terminating the jobs of the 84 drivers who delivered Amazon packages.

The findings marked a win for Teamsters officials who challenged a stance long held by Amazon, that it does not exercise control over its subcontracted drivers and so bears no legal responsibility for their working conditions. It could open the door to delivery drivers elsewhere unionizing and demanding Amazon come to the bargaining table.

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