Scope of technology negotiations

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These clauses clarify what topics related to technological change are subject to bargaining. Some focus on how employees and their work are affected, while others address job reclassification, pay structure, or necessary retraining efforts.

These provisions can be grouped into two areas:

• Impacts on employees, job classifications, and compensation: Covers negotiations about how technology alters job duties, required skills, or compensation models.
• Technology training plans: Ensures that affected employees receive the training necessary to retain or transition into jobs influenced by new technology.

Impacts on employees, job classifications, and compensation

These clauses ensure that unions can bargain over downstream effects of technology, including workload shifts, reclassification, or wage adjustments.

Examples: 

• “The Employer shall promptly negotiate the impact of the new technology on the bargaining unit employees and the work they perform.” (UNITEHERE-OLMS69)
• “The provisions of [Mid-term Bargaining] of this Agreement govern negotiations between the Parties on the impact of changes arising from revisions to technology, procedural, and/or [workplace] changes, as well as the effect of procedural and/or technological tests which impact employees.” (NAGE-SEIU-OPM120)

• If technology significantly changes a job’s duties, training, or skills, either the company or the union can request to renegotiate the job’s pay or classification. (IATSE-PCBA30)
• If new technology changes the underlying data used for pay calculations, the Parties will negotiate changes in the formula and/or pay levels. No adjustments to pay levels will be made until the company and the union have negotiated the necessary changes.  (NATCA-OPM100)

Technology training plans

Bargaining rights can extend to ensuring that adequate retraining or upskilling programs accompany technological transitions.

Example: 

• “Among the principal considerations of such bargaining will be appropriate training so as to enable affected employees to maintain their present job status. The [Employer] will balance manning levels and the use of technology in a manner that does not adversely affect the safety of Bargaining Unit employees.” (AFGE-OPM118)

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