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It is difficult in part because many Amazon-branded delivery drivers work for local Delivery Service Partners (DSPs), not directly for Amazon. That creates a basic organizing question: which company is legally responsible for bargaining with the drivers? Amazon says DSPs hire and manage their own employees, while unions argue that Amazon’s operational influence can make it a joint employer. Even when workers win union representation, they still have to negotiate a contract.
Why don’t Amazon Prime drivers work directly for Amazon?
For drivers in Amazon’s Delivery Service Partner program, the local DSP is the named employer in Amazon’s description of the model. Amazon says these independent businesses hire and manage their employees, while Amazon provides program support and technology such as route-planning systems. That is Amazon’s account of the arrangement; it does not independently settle how much control Amazon exercises in practice. Amazon’s explanation of its DSP program describes that division of roles.
The distinction matters because a driver may experience a job shaped by Amazon’s delivery systems while being formally employed by a local business. Workers and unions may therefore seek bargaining responsibility from the DSP, Amazon, or both, depending on the facts and the legal determination in a particular case. The question is not resolved nationwide merely because a driver delivers Amazon packages.
Why does the employer question make organizing harder?
A union campaign needs to establish which workers are in the bargaining unit and which employer has the obligation to recognize and bargain with their representative. If the DSP is the formal employer but Amazon is alleged to exercise significant operational control, deciding who belongs on the other side of the bargaining table can become a legal dispute in its own right.
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The Teamsters reported that NLRB Region 31 found Amazon jointly employed drivers at a Palmdale, California, DSP after an investigation. The union also described allegations involving refusal to bargain and retaliation. That is a regional, case-specific account from the union—not a final nationwide court ruling or proof that Amazon is a joint employer of all delivery drivers. The Teamsters’ account of the Palmdale matter should be read with that scope in mind.
What does labor law protect during an organizing campaign?
The NLRB says employers may not interfere with workers’ protected organizing rights. Examples of unlawful conduct include threatening job or benefit losses, coercively questioning employees about union activity, promising benefits to discourage union support, or punishing workers for protected activity. The board’s guidance explains employer and union rights and obligations.
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Those protections do not automatically resolve who the employer is, whether a particular act violated the law, or what remedy applies. For example, the Teamsters’ Palmdale account alleges threats, intimidation, captive-audience meetings, and retaliation. Those claims should be attributed to the union and understood in the context of that specific proceeding, rather than treated as proven facts about every campaign.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Why can recognition still fall short of a first contract?
Choosing a union representative is an important step, but it does not itself create a negotiated agreement. The NLRB says an employer and a union must meet and bargain in good faith over mandatory subjects such as wages, hours, insurance, and safety. Neither side is required to agree to a proposal or make concessions. Disputes about employer status, the bargaining unit, or the duty to bargain can also continue after workers select a representative.
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What do current NLRB records show?
As of October 8, 2026, the NLRB case page for Amazon Logistics and DSP MJB LLC, Case 10-CA-333136, lists the case as open. Its docket includes a June 3, 2026 unilateral settlement agreement and a June 18, 2026 appeal acknowledgment. The NLRB cautions that its docket does not reflect every action, so those entries should not be read as a complete account of the case or as a national status report. The NLRB’s Case 10-CA-333136 docket is specific to that matter.
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