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Participation in technology design, development, and acquisition

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

Foundational technology rights

2.3.a Participation in technology design, development, and acquisition

These provisions embed unions into the earliest phases of technology development, allowing them to influence system goals, safety features, usability, and job impact before adoption decisions are finalized.

Early stage participation focuses on two main areas:

Participation in technology research and development

These provisions bring unions into the earliest stages of innovation, enabling collaboration on the design, testing, and safety of emerging technologies.

Examples:

  • “The parties agree to participate in [a] Labor Management Cooperation Fund.… The purposes of this Fund include the following: … to engage in research and development programs concerning various aspects of the industry, including but not limited to, new technologies, occupational safety and health, labor relations, and new methods of improved production” (IBEW-PCBA35)
  • “The parties recognize the importance of the Union’s involvement in identifying health and safety issues in the product development and transformation process.… The parties will continue their efforts to integrate health and safety into the development process of common design specifications, and review of such, into the earliest design cycle [as stated in the contract, “(e.g., the point when the initial drawings are completed and the initial physical device is assembled)”] of any new equipment, process, or operation at the appropriate level.” (UAW-PCBA18)
  • “Representatives of the [Professional Practice Committee] PPC shall be entitled to participate in the selection, design, building and validation processes whenever new technology affecting the delivery of nursing care is being considered. The committee shall recommend measures objectively to improve the delivery of safe, therapeutic, effective care in conjunction with the use of new technology.” (CNA-PCBA51)
  • The company and the unions representing employees at the [workplace] agree to jointly develop a mutually-agreed-upon participative work system for implementation on the No. 16 paper machine and the deinking system. The parties involved further agree to discuss development and implementation of a like system in the PS&D and power house areas in conjunction with the addition of two Will Sheeters and a gas turbine generator. Further, the parties agree to discuss development and implementation of a like system in existing mill operating departments. In the course of development of a participative work system, the parties involved agree to discuss development and implementation of a mutually-agreed-upon non-traditional line of progression system. It is the understanding of all parties involved that such discussion, development and implementation will begin during the term of this labor agreement. This process will take place through utilization of a “design team” concept. The program will be managed by a steering committee, to be comprised of two representatives of each union Local (to be designated by the Local presidents) and, from the company, the manager-manufacturing, and two training representatives.” (USW-IBEW-OLMS4)

Participation in technology adoption and acquisition

Agreements in this category give unions a role in evaluating proposed technologies, vendor options, and acquisition strategies before final decisions are made.

Examples:

  • “The [Employer] and [the Union] mutually agree that research is for the advancement of patient care and/or nursing science. It is recognized that participation in research development, gathering data, data analysis/recommendations, or research utilization can enhance the RN’s role/career development.… When the [Employer] enters into any research project that affects RNs working conditions, it will engage in pre-decisional involvement, as practicable.… When a research project results in an innovation, changes in documentation, or in technology that impacts RNs throughout the system, the Department will engage in predecisional involvement, as practicable, at the appropriate level.” (NNU-OPM37)
  • “The Parties agree that it is mutually beneficial for the Union to be involved in the various phases of acquisition lifecycle through deployment of all new technologies and changes to existing technologies and their applications. The Parties also agree that it is mutually beneficial for the Union to be involved in workgroups established by the [Employer] at the appropriate organizational level to provide operational perspective into the development, testing, and/or deployment of technological, procedural, or [programmatic] changes.” (PASS-OPM36) 
  • “The Company recognizes the value of engaging Skilled Trades in the earliest possible stages of consideration of new technologies. The Skilled Trades offer valuable insight into how technology will impact the plant, and its processes. Twice per year, the local joint leadership will meet to review in advance any new technologies being contemplated. Contemplated applications of Artificial Intelligence, including its impact on the bargaining unit and intended data collection, will be shared also. The technology will not be used as a punitive tool. Appropriate Skilled Trades associated with the applicable processes will be a part of these meetings. The Company commits to gap analysis and allocation of resources to close those gaps prior to any implementation of the equipment or processes.” (UAW-PCBA18)

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2.3.b Participation in technology implementation and post-deployment