Labor Organizing and AI: The Employer Perspective
Artificial intelligence (AI) presents both opportunities and challenges for employers, particularly in unionized environments. As AI transforms the workplace, unions are responding with a mix of concern, advocacy, and strategic adaptation. Understanding these responses is crucial for effective labor relations and compliance with emerging legal frameworks.
Defining AI Systems
The term “AI system” refers to machine-based systems that operate with varying levels of autonomy and adaptiveness. These systems generate outputs such as predictions, content, recommendations, or decisions that influence physical or virtual environments. Both the European Labor AI Act and New York Senate Bill 1169 provide definitions that center around the concept of “inference,” a function historically performed by human workers.
Union Responses to AI
Unions have historically approached technological change with a focus on job security, retraining, and fairness. The rise of AI has prompted a similar response with new dimensions:
- Job Protection and Bargaining: Unions are seeking to bargain over AI implementation, particularly when it affects job duties, performance evaluations, or employment status. For instance, the Communications Workers of America and UNI Global Union have advocated for collective bargaining over AI deployment.
- Transparency and Oversight: Labor organizations are calling for greater transparency in AI usage, especially in hiring, scheduling, and disciplinary decisions. They argue that algorithmic decision-making requires human oversight to prevent bias.
- Reskilling and Workforce Development: Some unions are pushing for employer-funded upskilling programs to help workers transition into new roles. UNI Global Union is advocating for digital retraining as a labor right in the AI era.
Impact of NLRB Leadership Changes
Recent changes in NLRB leadership under the second Trump administration have reshaped the agency’s strategies, potentially affecting labor organizing and workplace protections. The firing of pro-labor members and the rescission of policy memoranda have diminished the NLRB’s enforcement capacity, creating legal uncertainty.
Strategic Guidance for Employers
To navigate AI adoption effectively, employers should consider the following strategies:
- Be Clear on AI Use Cases: Assess whether AI tools are necessary and understand their potential impact.
- Conduct AI Impact Assessments: Evaluate the legal and social implications of AI tools before deployment.
- Develop Clear AI Governance Policies: Establish policies governing AI use in employment decisions, addressing issues like bias mitigation and human oversight.
- Support Workforce Development: Invest in employee training to mitigate the need for reductions in headcount as roles evolve.
- Monitor Legal and Regulatory Trends: Stay informed about new laws and guidance at various levels and consult legal counsel.
- Be Prepared to Bargain: If AI tools could materially affect working conditions, unionized employers should be prepared to bargain with unions.
AI Law Reform in New York
Several bills in the New York State Legislature could significantly impact AI deployment in the workplace. Notably, Senate Bill S1169 would regulate “high-risk” AI systems, requiring independent audits and prohibiting algorithmic discrimination. Senate Bill S934 would mandate warnings on generative AI systems about potential inaccuracies or inappropriateness.
A Path Forward
Employers and tech firms are working with unions to co-develop training programs and establish joint policy positions on AI. By anticipating labor concerns and aligning AI strategies with legal and ethical standards, employers can harness AI’s benefits while reducing reputational risk.
Conclusion
The adoption of AI in the workplace requires thoughtful management to avoid negative impacts on individuals and communities. Employers have a vested interest in ensuring that AI systems are implemented in a way that is mindful of their perceived impacts. By doing so, employers can promote constructive labor relations and reduce reputational risk.
