Governance of technology integration into job functions
Negotiating Tech: An Inventory of U.S. Union Contract Provisions for the Digital Age
Governance of workplace technology applications
4.3.a Governance of technology integration into job functions
As new technologies are introduced into core work processes, union contracts increasingly assert the right to be informed, consulted, or bargained with about the implications for job functions, working conditions, and worker roles. This section highlights how unions have negotiated procedural safeguards to ensure transparency, meaningful input, and collective oversight over the deployment, use, and impact of job-related technologies. These provisions vary in specificity—from general notice obligations to detailed bargaining triggers, consent clauses, and ongoing consultation commitments.
This section includes four key types of governance-related provisions:
- Notification, consultation, and bargaining over job-related technology: Provisions require employers to notify unions in advance of deploying new or modified technologies that affect working conditions, and in many cases, to engage in consultation or bargaining over their use or impact.
- Consent and conditions for technology use: Clauses prohibit employers from using certain technologies, especially those involving likeness, voice, or generative AI, without clear and explicit consent from the affected employee or the union, often outlining specific limits and required disclosures.
- Technology use policies and standards: Agreements establish or reference policies governing the acceptable use of digital systems, from AI tools and 3D printers to email and social media, and include provisions ensuring equitable application and mutual agreement on local adaptations.
- Technology investment and joint planning: Some contracts include provisions requiring employer investment in safe or equitable deployment of work technologies, joint testing and evaluation, and union involvement in oversight processes to assess new tools or infrastructure upgrades.
Notification, consultation, and bargaining over job-related technology
These provisions establish processes for union notification, consultation, or bargaining when employers introduce or modify technologies that affect job functions. Some clauses require advance notice of new tools or updates, while others require good faith discussions or reaffirm statutory bargaining rights when technology systems may alter working conditions.
Examples:
- “Except as explicitly provided herein, no performance or rehearsal of the Orchestra shall be recorded, reproduced or transmitted from the place of performance or rehearsal, in any manner or by any means whatsoever, in the absence of a specific written agreement with [the Union] relating to and permitting such recording, reproduction or transmission. No recording or broadcast of any kind (audio and/or visual) shall take place without five business days notification to the Orchestra and [Union].” (MA-AFM-OLMS33)
- At the start of each season, players will be provided with written notice outlining the conditions and limitations regarding the use of audio captured by the player-worn wireless microphone. (NBPA-OLMS1)
- “The [Employer] will provide the Union with notification of the intent to deploy new releases/applications when these changes impact conditions of employment. Interim releases of existing deployed software will not require advanced notification to the union, where the numeral left of the decimal does not change (e.g. Software Package X, Release 2.0 changed to Release 2.1).” (NATCA-OPM98)
- “If the [Employer becomes aware] of a planned or anticipated [organization-wide] workplace technology outage or disruption, it shall provide the Union President with reasonable notice. If the [Employer] plans or anticipates an office-wide outage or disruption, it shall provide affected employees with reasonable notice.” (AFGE-OPM113)
- “The Company agrees to provide the Union with information about plans to introduce Artificial Intelligence (“AI”) systems into the Production and Maintenance environment, within the Union’s jurisdiction. This will be achieved through regular and ongoing Technology Briefings as defined in … the parties’ Collective Bargaining Agreement.” (IAMAW-PCBA54)
- “The Company shall notify the Union with as much notice as is practicable of the implementation of any new GAI tool or similar technology that it expects to have a direct and material impact on specific terms and conditions of employment applicable to bargaining unit employees in the performance of the work covered by this Agreement.” (WGAE-PCBA65)
- “Nothing in this Article [on Artificial Intelligence] waives: Any obligation of the Company that may exist under the NLRA to notify the Union of implementation of a new GAI tool that may affect the terms and conditions of employment for bargaining unit employees. Any right of the Union that may exist under the NLRA to bargain over the effects of the Company’s implementation of any new GAI tool.” (WGAE-PCBA103)
- “[An employer’s] decision to require an employee to use an AI System in connection with the employee’s performance of bargaining unit work, including for any creative elements or administrative tasks, will be subject to consultation with the employee at the employee’s request, provided that the requirements of production allow time for the consultation.” (IATSE-PCBA46)
- Producers agree to notify the Union and engage in good faith bargaining over “appropriate consideration” if using an AI-generated “Synthetic Performer” in a role that would traditionally be filled by a human actor under this Agreement. If a Producer intends to create a “Synthetic Performer” with a recognizable facial feature (e.g., eyes, nose, mouth, or ears) that clearly resembles a specific actor, created by using the actor’s name and facial features as input to a generative AI system, they must obtain the consent of the real actor and negotiate terms for the use of their likeness. (SAG-AFTRA-PCBA2)
- “Once [distance learning] courses to be taught are determined, other matters that will be subject to local option [negotiations] are additional plan time, compensation, manner of assignment, and such others as the parties may wish to address.” (WTA-OLMS29)
- “The parties agree to meet six (6) months in advance of the expiration date of this Agreement to begin negotiations regarding this Section [on artificial intelligence].” (SAG-AFTRA-PCBA2)
- “[The Employer] and the [Union] share in the commitment to meet and discuss future CS&S technology initiatives and how these may impact the daily functions of CS&S [Customer Support & Services] Representatives. Furthermore, it is the intent of the Company to utilize our CS&S Representatives, when feasible, to continue to focus on and support our Customer Service commitment.” (IAMAW-PCBA52)
- “If the addition of a second U-Scan unit in any store has a material impact on any of the bargaining unit employees, the parties will agree to bargain over the effects of the installation of the second U-Scan unit in that store. A “unit” is defined as a bank with one to four self-scanners.” (UFCW-PCBA57)
- “The Company and the Union recognize the potential for Artificial Intelligence technology (‘AI’) to play a role in the Company’s operations in the future. The parties also recognize that such potential uses of AI are presently uncertain. Accordingly, the [Union] and the Company have agreed that the parties shall meet regularly to discuss strategies and best practices relating to the use of AI in the workplace. In the event [the Company] plans to expand, introduce and/or use (collectively “utilize” or “utilization of”) AI in a manner that impacts the job duties performed by members of the Union bargaining unit, the Company will advise the Union of such intended change, and, upon request by the Union, the Company agrees to discuss the intended usage and effects of same with the Union. The company shall give the union at least thirty (30) days’ notice of intent to use any new GAI tool or similar new technology.” (WGAE-PCBA91)
Consent and conditions for technology use
Unions have secured agreements that establish safeguards to ensure that workers are informed and have a genuine opportunity to approve how technology is used in relation to their roles, identities, or outputs. In creative, media, and sports industries, these provisions set clear conditions under which technologies like digital replicas, synthetic voices, and likeness-based media can be created, deployed, or reused—often requiring detailed descriptions of intended use, written authorization, and assurances that consent is not coerced or made a condition of employment.
Examples:
- The Employer may use, for promotional purposes, a Player’s attributes [e.g, a “Player’s name, nickname, picture, portrait, likeness, signature, voice, caricature, biographical information, or other identifiable feature”] and performance footage [“including, but not limited to, print, tape, disc, computer file, radio, television, motion pictures, other audio-visual and audio works, Internet, broadband platforms, mobile platforms, applications, and other distributions platforms”]. However, this does not confer the right or authority to use a player’s attributes or performance footage for unauthorized endorsements, unauthorized sponsor promotions, or on third-party products without explicit permission. (NBPA-OLMS1)
- Producers must notify performers (including background actors) 48 hours in advance when creating a digital replica as part of employment-based (contracted) services and obtain clear and conspicuous consent, documented either through a signed or initialed clause in an employment contract or separate agreement that includes a reasonably specific description of the intended use of the digital replica. Producers must also obtain the performer’s (including background actors) explicit consent for uses of the digital replica created under the original employment contract that are not part of the previously scripted content recorded by the performer. Consent granted during a performer’s lifetime remains valid posthumously unless otherwise limited. If the performer is deceased, consent must be obtained from an authorized representative or union if no representative can be identified. (SAG-AFTRA-PCBA2)
- “No employee shall be subject to scanning of their visual or vocal likeness for use in a motion picture without the employee’s consent. Producer shall provide the employee with a reasonably specific description of the intended use. The consent must be clear and conspicuous and may be obtained through an endorsement or statement in the employment contract that is separately signed or initialized by the employee or in a separate writing that is signed by the employee. A copy of the consent shall be provided to the Union in advance of it being presented to employees. The employee’s consent to such scanning may not be a condition of employment and the consent itself shall clearly state the same.” (IATSE-PCBA46)
- Producers must obtain clear and explicit consent from performers (including background actors) for any use of their employment-based digital replica beyond the original project for which the performer was hired, including its use in other films, media, or digital alterations (such as changing their voice or likeness). This consent must be based on a detailed description of the intended use and negotiated separately. These requirements also extend to the use of an “independently created” digital replica of a performer in a motion picture where a performer was not employed. (SAG-AFTRA-PCBA2)
- “Unless the Company obtains the consent of the individual, the Company shall not use a digital replica (voice or likeness) of any individual within the bargaining unit to generate materially new audio or visual materials that have not been recorded in any form to be used in content distributed by the Company.… Nothing herein is meant to prohibit, restrict or otherwise interfere with traditional post-production editing or similar processes.” (WGAE-PCBA65)
- “GAI will not be used to perform bargaining unit work without the express consent of the union.” (WGAE-PCBA91)
- “The Employer shall not use technologies such as generative artificial intelligence to simulate a specific named employee’s voice for broadcast, without written approval by the employee whose voice is simulated. (CWA-PCBA85)
- “The Company shall not use Generative AI to impersonate a specific actual Employee or team without the consent of the individual(s) involved and clearly identifying such work as AI-Generated Content as set forth in “iii” below. iii) If the Company uses AI to create, curate, or modify, in whole or in part, any content appearing in the same publication in which bylines of current or former bargaining unit employees appear (“AI-Generated Content”), the Company must clearly identify it as “AI-Generated Content” using the following guidelines 1) Transparency: AI-Generated Content should be clearly identifiable as such to the reader. 2) Disclosure: Any disclosures should be conspicuously visible, clear and unambiguous as to the use of AI. It is essential to communicate that the content has been generated by AI so that it is not mistaken as having been generated solely by a bargaining unit employee. 3) Multimedia: If the AI-Generated Content is in a video or audio format, disclosure should be included in the video or audio itself and not only in the description or text.” (ZDCG-TNG-CWA-PCBA111)
Technology use policies and standards
Some union contracts include provisions that define acceptable use of workplace technologies, ensure fair application of related policies, or require employer transparency or joint agreement on certain systems and settings.
Examples:
- Employees remain free to make reasonable personal use of the Company’s computer equipment, networks, systems, portable electronic devices, smart phones, internet accounts and other communications systems [“Company communications systems”]. (TNG-CWA-PCBA34)
- “Management agrees that appropriate limited personal use of email/social media during regular duty hours does not constitute a misuse or violations of law, regulation or policy.” (NFFE-OPM61)
- “Bargaining Unit employees may use 3D printers in the performance of normal and historical bargaining unit work. Where agreements and/or understandings do not already exist, the Local Parties are encouraged to discuss and determine the parameters of the use of the technology.” (UAW-PCBA18)
- Employees can use Employer IT resources for brief personal internet searches under specific conditions. The primary use of IT resources should be for official duties. Personal use should be limited in duration and frequency, and should not interfere with work responsibilities. Personal use can be justified if it serves a public interest, such as employee education or professional development. Employees must avoid using IT resources in a way that could negatively reflect on the Employer. (AFGE-OPM123)
- “All [workplace technology] program settings and local adaptations (e.g.: SET Zone, SET Point and local runway adaptations) shall be set by mutual agreement of the Parties at the local level.” (NATCA-OPM100)
- “[Employer] agrees to provide the International Union with any written policies governing the use of AI Systems by employees covered under this Agreement.” (IATSE-PCBA46)
- “Management agrees to apply the procedures of the Electronic Mail/Social Media Policy or any subsequent policy, procedures, or regulations fairly and equitably to all employees. Management agrees that the Electronic Mail/Social Media Policy will not affect any statutory, regulatory, contractual, or any rights of the employees.” (NFFE-OPM61)
Technology investment and joint planning
Unions have secured commitments from employers to invest in new technologies, safety tools, or facility upgrades, often as part of broader joint planning efforts with unions. These provisions may support modernization goals, protect jobs, or ensure that technological changes are implemented with input from affected workers.
Examples:
- “Within ninety (90) days of the date of this Agreement, the Employer will equip Housekeepers, Turndown Attendants, In-Room Dining Servers and any other employee who is required to enter an occupied guest room with devices to be carried on their persons at work that they can quickly and easily activate to effectively summon prompt assistance to their location. It is recognized that because of the varying size and physical layout of each hotel, different devices may be appropriate.” (LJEBLV-UNITEHERE-OLMS13)
- “During these negotiations the company and union continued their ongoing conversation regarding the rapid advancement of manufacturing technologies and how to best integrate these technologies in our manufacturing plants to enable improved efficiency and even higher-quality vehicles for our customers. Pursuant to this shared vision, the company has agreed to provide its Advanced Manufacturing Engineering organization with $1 million, over the term of the current agreement, for the purpose of identifying and purchasing 3D printers [for various plants].” (UAW-PCBA19)
- “The Company remains committed to enhancing the viability and competitiveness of the [specific] Plant. As a result of these discussions and the overall commitment to the plant, the Company agrees to make capital investments totaling $15 million dollars to upgrade and/or purchase new equipment/ technology during the term of this agreement.” (UAW-PCBA19)
- “The Company will work with Skilled Trades to identify and consider new technologies and safe troubleshooting tools that will assist in high-risk troubleshooting activities. This may include robotics, drones, portable vision systems, etc.” (UAW-PCBA18)
- “The Employer will incorporate the use of Voice Recognition System testing technology into its [Foreign Language Awards Program] FLAP for additional languages (e.g., Dutch and Arabic) to the extent the testing technology becomes available, is validated as meeting the Employer’s needs, and is cost effective. The Union may request that the Employer evaluate such technology at any time.” (NTEU-OPM127)
- To retain and attract commercial customers, the Company may offer service contracts involving USPS delivery for packages typically under 10 pounds and 2 cubic feet, as specified. Technology will identify and redirect Surepost [service contract] packages exceeding these limits to bargaining unit drivers before preload operations. Surepost will not be used to reduce the bargaining unit’s size, and the Company will increase the number of redirected packages annually, based on average daily volume. The Company will ensure technology identifying multiple Surepost or combined Surepost and ground packages to the same address operates as intended, testing it at least annually and sharing results with the Union. The Company will not deactivate or interfere with the redirect technology except during delivery constraints, and shall maintain the technology to prevent any local Employer operations representative from disabling its functionality. Employees identifying Surepost packages exceeding the limits shall redirect them to package drivers unless delivery to the address is impossible. Employees will be informed of this process, and no one will face discipline for properly redirecting packages. (IBT-PCBA7)
- “The Employer will incorporate into the [handheld device] for packages shipped using Worldship and Maxiship within sixty (60) days of ratification (as well as other shipping systems when it is technologically feasible) a function that will prompt the driver when a specific type of fund is to be collected for each C.O.D. delivery (e.g., certified funds, cashier’s check, money orders). The Employer will notify the Union prior to the installation of the prompts or as the system is expanded.” (IBT-PCBA7)