Notice requirements for participation
Negotiating Tech: An Inventory of U.S. Union Contract Provisions for the Digital Age
Participation in technology governance
5.3.b Notice requirements for participation
Many agreements include requirements for notifying unions about the creation of committees, planned technology initiatives, and outcomes related to joint recommendations. These clauses support transparency and enable unions to engage proactively. The scope, timing, and triggers for notice vary across contracts. The examples below are organized by the type of notification required:
- Notice of committee or workgroup formation: Ensures the union is informed when collaborative bodies are established and clarifies their scope.
- Notice of planned technological change: Requires employers to notify committees or unions in advance of implementing new technologies.
- Notice of decisions responding to committee input: Obligates employers to communicate final decisions about whether and how they will act on committee recommendations.
Notice of committees, proposed projects, and workgroups formation
Some agreements require employers to notify unions when forming committees, workgroups, or pilot projects that may affect bargaining unit employees.
Examples:
- “When a demonstration project is considered, the Union at the appropriate level will be advised as soon as possible and provided specific information, including what proposals are being made, what laws, rules and/or regulations are being waived and the intended replacements for these waivers.” (NFFE-OPM71)
- “The [Employer] shall promptly notify the Union as to the formulation of any such workgroup(s) which affects bargaining unit employees. The scope of the workgroup shall be defined in writing and communicated to each member prior to the commencement of business.” (PASS-OPM36)
Notice to committee of planned technological change
To support proactive engagement, some agreements require employers to notify joint committees about upcoming technological changes before implementation.
Examples:
- “Notice to said Committee shall satisfy the notice requirements of the preceding paragraph [on technological change]. Upon receiving notice, said Committee shall attempt to resolve any questions as to the impact of the proposed change upon affected employees and if such questions are not resolved within a reasonable time after such change or changes are operational, the unresolved questions may be submitted by the Union to arbitration under the grievance-arbitration procedure. Any arbitration arising under this Article will be given priority in scheduling.” (APWU-PCBA14)
- “The Employer shall simultaneously advise the affected Local Unions and the National [Joint Labor Management] 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)
Notice of decisions in response to committee recommendations
To ensure accountability, some agreements require employers to inform unions in writing of their decisions regarding committee recommendations.
Examples:
- “Once the [Employer] has decided to accept, modify, or decline to implement an action proposed by a committee, the Designated … Management Official will inform the Union President in writing within 60 days of the decision.” (AFGE-OPM113)
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5.3.c Information sharing