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Job classification, performance metrics, and disciplinary safeguards

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

Governance of workplace technology applications

4.3.d Job classification, performance metrics, and disciplinary safeguards

As employers integrate new technologies into the workplace, unions have taken steps to protect job classifications, maintain fair evaluation systems, and ensure due process in disciplinary matters. Contract provisions in this section address how technology affects job boundaries, performance expectations, and the application of discipline. They reflect a consistent concern that technological change should not be used to undermine bargaining unit work, alter evaluation criteria without transparency, or expose employees to unfair disciplinary risks.

The examples below are organized by type of contractual protection: 

Job classification and work preservation

Unions have negotiated language that reaffirms bargaining unit boundaries and prevents new technologies from being used to shift responsibilities, reduce staffing, or downgrade positions. These provisions often clarify how tools like automation, AI, or remote platforms relate to existing classifications and job protections.

Examples:

  • “A maximum of 2 managers and supervisors may routinely operate rider or walk-behind automated floor scrubbers not to exceed 20 hours per week. In the event of layoffs, supervisors will not be used to permanently replace bargaining unit work previously done by laid off employees.” (IBT-OLMS49)
  • During the negotiations, the Company and Union agreed to clarify the nature of work involved in operating computer-controlled machinery. The term “programming” in this context refers to the input of specific instructions to the machine to carry out its designated function, rather than computer programming. It is understood that Crew Chiefs or mechanics will perform input tasks as part of their regular duties. However, supervisory personnel may also make adjustments to machine programs for training purposes, during experimental or developmental phases, or for non-production-related reasons. (TWU-IAM-PCBA37)
  • “No member of the bargaining unit on the effective date of this agreement in a tenure area shall be subject to a reduction in force, in whole or in part, as a result of the district sending/receiving courses in that tenure area through a Distance Learning Program.… The introduction and continuation of Distance Learning in a receiving district shall not replace a course being currently taught or a course recently taught by current staff unless the local union and district mutually agree in writing. A course may not be offered if it falls within the tenure area of a qualified employee on a recall list unless said individual declines the offer of part-time employment.” (WTA-OLMS29) 
  • The Producer will not require employees to furnish AI system prompts for use in bargaining unit work in a way that results in the displacement of covered employees. (IATSE-PCBA46)
  • “The Company agrees that AI technologies, which are used to accomplish currently assigned or similar work assignments, shall not be used as justification for revision of grade level, but are considered tools and devices assisting the individual to accomplish assigned tasks.” (IAMAW-PCBA54)
  • “Numerically Controlled/Computer Numerically Controlled (NC/CNC) or other adaptive computer system machine controls are synonymous and will be used as such in all existing job classifications, and shall be incorporated as such into all existing and future job classifications as appropriate. Operators may make adjustments to existing machine control programs similar and in comparable technical complexity as those required to manually provide machine instruction such that machines optimally perform the identified machine tasks. Such tasks as described above will not be used or considered as justification for grade adjustment but are inclusive of current grade level identification. Computer aided/assisted work stations such as those using PC’s, computer terminals linked to main frame systems, CATIA or any and/or all subsequent integrated computer assisted technology systems, which are used to accomplish currently assigned or similar work assignments, shall not be used as justification for revision of grade level, but are considered tools and devices assisting the individual to accomplish assigned tasks. The actual duties and tasks accomplished by the individual as a composite in comparison to the classification guides and representative jobs will be the basis for grade designation … as applied in the Collective Bargaining Agreement. Such terms will be incorporated into revised or new job descriptions and/or incorporated into the classification guides and/or Glossary of Terms and Phrases within the Collective Bargaining Agreement or a combination of the above.” (IAMAW-PCBA54)
  • “Expanding student access, program need and faculty desire and preparation to teach a distance education course shall be the primary determining factors when the College decides to offer a course through distance education. There will be no reduction in force of faculty as a result of the College’s participation in distance education. The parties agree that the use of such technology shall not be used to reduce, eliminate or consolidate faculty positions within the District.” (AFT-PCBA107)
  • “The Employer will continue to follow the current process for food deliveries from outside vendors. Specifically, the prohibition on food deliveries inside the [hotel] property by outside vendors shall remain in place. When an outside food vendor arrives to deliver food, the delivery person will stay with the vehicle and contact the guest who will then come to the front drive to pick up the order.” (LJEBLV-UNITEHERE-OLMS14)
  • “Due to the technology being used to operate and maintain the building systems, supervisors and managers will utilize building instrument controls systems as part of their responsibilities, including using such systems in order to assign employees to perform maintenance and repair work. Supervisors and managers will not perform mechanical work, except: in case of emergency, for purposes of instruction, or in other similar circumstances.” (TWU-OLMS28)

Metrics, performance standards, and workload fairness

With employers increasingly using digital systems to set benchmarks and monitor productivity, many agreements place limits on how such data may be used. These provisions aim to ensure that performance expectations are transparent, realistic, and not driven by automated or opaque algorithms.

Examples:

  • “The number of students in a [distance learning] class, including those at receiving sites, shall not exceed that which is traditional in the host district for teachers in the particular discipline being offered.” (WTA-OLMS29)
  • “During the current negotiations, the Union expressed concern that computer systems would be used to establish work standards and gather data for purposes of disciplinary action. It was pointed out that a warehouse management system is an enabler for improving processes and customer service. Such a system is to facilitate order consolidation, mechanize the recording of material movements and accomplish more efficient direction of warehouse functions.… The information accumulated and generated by any system will not be used to establish production standards or be used for disciplinary action.” (UAW-PCBA28) 
  • “The Corporation agrees that in exercising its right to establish standards and rates of production it will make studies on the basis of fairness and equity consistent with quality and workmanship, efficiency of operation, and the reasonable working capacities of normal operators. It is agreed that multiple operations on the same or different classifications by an employee will be considered as an element of the job in determining the fairness of the employee’s standard, and the employee shall be paid the rate of pay for the highest classification on which he is working.… No power operated assembly line will be operated above maximum speed established by the Scheduled Line Balance Standard without approval of Industrial Engineer.” [The provision includes comprehensive details on the procedure for setting production standards and employee recourse for standards set too high]. (IUE-CWA-OLMS27)
  • “It is understood by the Parties that satisfaction of revenue and traffic goals is not solely within the control of the writer and is subject to changes in the third-party platforms on which the Company relies to deliver traffic. Accordingly, neither revenue nor traffic metrics (e.g., page views, visitors, engaged minutes, social referrals, social interactions, and the like) shall be used as the sole indicia of poor performance for any employee, and accordingly, employees shall not be subject to performance-related discipline as a direct result of any revenue- or traffic-related goals or metrics (e.g., page views, visitors, engaged minutes, social referrals, social interactions). The Company may discuss the Company’s revenue and traffic goals as well as individual metrics with employees in connection with job performance at its discretion.” (WGAE-PCBA76)

Disciplinary safeguards and grievance protections

To prevent misuse of technology in disciplinary processes, unions have secured provisions that require human oversight, prohibit punitive uses of AI, and protect workers from being penalized based on data they cannot contest. Some agreements also strengthen grievance rights when disputes involve technical systems.

Examples:

  • “The [Employer] will consider the effects of new technology, methods or means of performing work when rating an employee. An accommodation period of a reasonable length will be provided where the new technology, methods or means of performing work has a direct impact on a critical element affecting the employee’s rating.” (AFGE-OPM15)
  • To mitigate potential slip-and-fall liability, the employer may require employees to use the “Deggy” tour guard system or a similar technology. Data from the system may be used to discipline employees for any issues related to negligence in their assigned tasks. However, during the initial three-month period, employees will be coached and not disciplined for any system-related performance issues. (IBT-OLMS49)
  • “Notwithstanding anything to the contrary in this Agreement, Player Audio [captured by the wireless microphone worn by the player in games or practice] shall not be used as the basis for the imposition of discipline upon any player.” (NBPA-OLMS1)
  • “Employees who are assigned to post material on the [Employer’s] social media sites must have the material approved by a supervisor or management official prior to its being posted. Employees may not be disciplined or have performance ratings affected where a supervisor has not approved the timely posting of material to a social media site.” (NFFE-OPM61)
  • “Social Media will not be used for disciplinary purposes unless a nexus to their position substantiates an adverse impact on the Employer’s mission.” (AFGE-OPM96)
  • “The technology [Artificial Intelligence] will not be used as a punitive tool.” (UAW-PCBA18)
  • “Employees shall not have their performance ratings negatively affected for the lack of timely access [to information technology resources].” (NFFE-OPM61) 
  • “The [Union] may be chosen as the representative at any point in the grievance procedure. A grievant may only be represented by one [Union] representative. When necessary, another [Union] official (a trainee or a technical assistant) may attend the grievance meeting.… “Technical Assistant” … means an individual who is knowledgeable in the specific technology involved in a grievance to serve as an advisor to the [Union] representative who lacks sufficient technological knowledge in a grievance where such knowledge is necessary.” (POPA-OPM66)
  • “Analyses completed by artificial intelligence systems or programs (“Al”) will not be used as the sole basis for decisions related to Unit employee discipline or officer assignments.… If an “Al” system that is implemented by the department produces or presents faulty data or misinformation related to officer reassignment or discipline; the department in consultation with the association may pause the utilization of the “Al” system. At that time the City and the association will reconvene to assess the issue and determine the appropriate action moving forward.” (PLEA-PCBA110)

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4.3.e Technology system oversight and accountability