Advance notice of technological change

Negotiating Tech: An Inventory of U.S. Union Contract Provisions for the Digital Age

Foundational technology rights


2.1.a Advance notice of technological change

Advance notice provisions require employers to inform unions about planned changes to workplace technologies—including the introduction of new systems, field testing, or modifications to existing tools. These agreements help ensure unions are notified early enough to assess and respond to potential impacts on job roles, working conditions, or workforce structure. Notice requirements vary in form, scope, and timing: some mandate formal written notice with detailed content; others tie notification to specific milestones such as field testing or implementation phases. While the length of required notice ranges from 30 to 180 days, the common thread is early transparency and the opportunity for unions to engage proactively. Many provisions are also linked to information-sharing and bargaining rights, detailed in the next section.

These provisions can be grouped into two areas:

Advance notice of proposed technological change

These provisions require employers to notify unions about planned technologies that may alter job duties, staffing levels, or working conditions. Some agreements require written notice with detailed descriptions and projected timelines.

Examples:

  • “The Employer shall simultaneously advise the affected Local Unions and the National [Labor-Managment] Committee for Technological Change of any proposed technological changes when the change has entered the field testing phase or at least six (6) months prior to the implementation of such change except where the change was later determined in which case the Employer shall provide as much notice as possible. In all cases, the Company will provide notice of any technological change covered by this Section before the technology is implemented.” (IBT-PCBA7)
  • “The Company will notify the Union at least six months in advance of planned major technological changes (including changes in equipment, organization, or methods of operation) which may affect employees represented by the Union.” (CWA-PCBA44)
  • “The Union party to this Agreement will be informed as far in advance as practicable, but no less than 30 days in advance, of implementation of technological or mechanization changes which affect jobs, including new or changed jobs in the area of wages, hours or working conditions. When major new mechanization or equipment is to be purchased and installed, the Union at the National Level will be informed as far in advance as practicable, but no less than 90 days in advance.” (APWU-PCBA14)
  • “The Employer will notify the Union prior to implementation of any new technology or methods that may have a material effect on the wages, hours, or working conditions of any bargaining unit employee. When practicable such notice will be given at least 60 days prior to implementation.” (UFCW-PCBA57)
  • “The Employer shall provide the Union at least sixty (60) day advance notice prior to the implementation of any new technological change, occurring after the effective date of this Agreement, which replaces or substitutes for or materially increases or decreases the type or manner of work performed by employees in the Employer’s workplace.” (UNITEHERE-OLMS69)
  • “The State shall endeavor to notify the Union one hundred eighty (180) days, but no less than sixty (60) days, prior to implementation of automation or technological changes that will result in a significant impact on bargaining unit employees. Upon request of the Union within thirty (30) days of such notification, the State shall negotiate with the Union on the impact of such changes.” (SEIU-PCBA84)
  • “The Company will provide in written notification to the Union Business Representative or his designee of the Company’s plans for the introduction of new technology, which may affect the employees. This notification will inform the Union of the anticipated schedules of the introduction of new technology and will identify areas of skill impacts and any training programs associated with those impacts.” (IAMAW-OLMS17)

Advance notice of technology field testing or technology modifications

Some agreements extend notice obligations to earlier or incremental stages, such as pilot testing, system upgrades, or modifications to existing tools that may impact the workforce.

Examples:

  • “The [Employer] agrees to notify the Union at the national level, no less than sixty (60) days prior to the field operational evaluation utilized to support system development and the operational test and evaluation (OT&E), unless a shorter notice period is required. The notification shall contain proposed start and stop times, and shall outline the reasons and intent of the test and/or evaluation. The [Employer] agrees to notify the Union at least sixty (60) days prior to the In-Service Decision (ISD) of the proposed implementation of technological changes affecting employees, unless operational necessity requires a shorter notice period.” (NATCA-OPM100; PASS-OPM1)
  • “The Employer shall provide the Union at least sixty (60) day notice before implementation of any plans to upgrade, modify, improve, or extend technology currently in use by bargaining unit employees that are made after the effective date of this Agreement.” (UNITEHERE-OLMS69)