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AI In The Next Cubicle? What You Can Do About Your Robot Coworker

Like it or not, AI is already in your workplace. Chatbots handle customer inquiries, algorithms analyze big data. It’s in the background of everything from manufacturing to high finance. What’s a worker to do? Here are some issues that you might already be facing, and some action steps to consider.

Issue 1:  Job Displacement and Automation

AI is causing significant job loss, especially in routine and manual jobs. The best way to fight this is through collective action – Unions have been through this before. If you’re concerned:

If you are not in a Union: Join up! Unionize! Organize! Learn about solidarity and use it to strengthen your mutual bond with your coworkers. Get in there and fight like hell for recognition!

If you are in a Union:
  1. Collectively demand the employer identify new and emerging job roles that displaced workers can move into. For example, roles related to AI management, human-AI collaboration, and digital strategy may become increasingly important.

  2. Collectively demand the employer provide courses or workshops that focus on industry trends and emerging technologies that could impact your job. Demand the employer provide training, or help pay for new certifications or degrees.

  3. Advocate for policies that prioritize workforce sustainability and fair labor practices in the deployment of AI technologies.

Issue 2:  Surveillance and Privacy Concerns

Employers use AI to monitor employee activities. While workplace privacy protections have never been particularly robust, AI’s ability to snoop surpasses even that of Whatshisface in Accounting. If you’re concerned:

  1. Familiarize yourself with your employer’s policies on surveillance and data privacy.

  2. Don’t share personal information in workplace communications or on company devices. Avoid discussing personal matters that do not pertain to work.

  3. Use secure and encrypted communication platforms for any personal conversations. Avoid using company email or chat systems for personal matters.

  4. When possible, avoid using personal devices for work purposes. If you must use a personal device, be aware that some companies monitor usage – even on your personal phone.

  5. Talk to a lawyer! Familiarize yourself with local laws regarding workplace surveillance and data privacy. Many jurisdictions have regulations that limit the extent of employer surveillance.

If you’re in a Union:
  1. Discuss concerns regarding surveillance with coworkers. Raise awareness about privacy issues.

  2. Collectively demand information on how AI tools and surveillance technologies are being used in the workplace (e.g., cameras, tracking software). Support collective bargaining for better privacy provisions in workplace contracts.

  3. Collectively demand training on privacy settings available on the employer’s platforms and applications. Configure these settings to enhance your privacy where possible. Demand training on privacy, data security, and responsible use of AI, particularly how to protect your data.

Issue 3: Bias and Discrimination

AI systems perpetuate biases present in training data. This can result in discriminatory hiring practices, performance evaluations, or disciplinary actions, which violate anti-discrimination laws. The lack of transparency around AI decision-making processes makes it even harder to prove discrimination. If you’re concerned:

  1. Know your rights! Familiarize yourself with labor laws and regulations that protect against workplace discrimination. To be able to fight discrimination, you need to be able to identify what it is and what it is not, with or without an AI component.

  2. Keep detailed records of all discriminatory behavior or decisions. This is a good idea even if the conduct is not the product of AI.

  3. Talk to a lawyer! If you face discrimination, consult an attorney who specializes in labor law and discrimination cases in your jurisdiction. They can guide you on how to proceed with complaints and claims.

If you are in a Union:
  1. Collaborate with coworkers to address concerns regarding AI discrimination collectively.

  2. Push for transparency in the AI systems used by employers. Request information on how decisions are made and the data used to train algorithms.

  3. If you suspect that an AI system is biased, advocate for review and adjustment.

Issue 3: Impossible Algorithms

AI and management have a tendency to make equally lousy decisions about workload, performance assessments, and promotions. Not only do these decisions lead to burn-out, they can undermine worker safety. If you’re concerned:

  1. Keep detailed records of how AI influences your work, including the criteria used for performance assessments and any implications on workload, including safety. This documentation can serve as evidence in case of disputes or grievances.

  2. Talk to a lawyer! Particularly if the algorithm appears to have a discriminatory bias and/or results in unsafe working conditions, speak with an attorney who specializes in workplace law in your jurisdiction.

  3. Familiarize yourself with your state’s labor laws and regulations. Don’t just look at anti-discrimination and wage and hour laws; specific industries may have regulatory requirements on safe hours of work and workloads. If you’re not sure, talk to a lawyer.

  4. If your lawyer thinks it’s a good idea, report the issues to relevant authorities, such as labor boards, health and safety agencies, or civil rights organizations, to seek investigation and resolution.

  5. Monitor developments in laws and regulations surrounding AI and labor rights. If you’re not sure, talk to a lawyer.

If you’re in a Union:
  1. Collectively demand clear explanations about the AI systems in use, including how they operate, what data is being collected, and the algorithms applied. Understanding these elements can help ensure that processes are perceived as fair and justifiable.

  2. Collectively advocate for development of clear organizational policies regarding AI use. These policies should address transparency, ethical considerations, safety, and the potential impacts on employment practices, including hiring and promotions.

  3. Engage in regular labor-management discussions about the use of AI tools in decision-making processes. Express your concerns about how these technologies affect safety, workloads, and evaluations. Back up those concerns with your documentation.

A final thought:

Any tool that management uses, workers can use too. Make no mistake, AI is being used to undermine workers’ rights. But workers aren’t powerless. Whether you’re a lone brave voice or working in solidarity with your Union family, you have some options. You may even be able to leverage AI to help protect your rights. (Make it analyze your paystubs and identify discrepancies! Use it to detect systemic discrimination! Get it to gather social media commentary on issues that your coworkers are fed up with, and then organize them to fight those issues!) And talk to a lawyer when you run into something that requires action.

 

Why Understanding Your Union Contract is Crucial for Your Rights and Benefits

Discover why it's important to read and understand your union contract. Learn how knowing your rights can help you maximize benefits, enhance job satisfaction, and navigate grievance procedures. Contact our expert employment law attorneys for assistance.

Why Understanding Your Union Contract is Crucial for Your Rights and Benefits

As an employee represented by a union, you are entitled to numerous rights and benefits outlined in your collective bargaining agreement (CBA). However, many workers overlook this essential document, leading to misunderstandings and missed opportunities. In this blog post, we’ll explore the importance of reading and understanding your union contract, and how it can safeguard your rights and enhance your job satisfaction.

What is a Union Contract (Collective Bargaining Agreement)?

A collective bargaining agreement (CBA) is a legally binding contract negotiated between your union and your employer. It outlines the terms and conditions of employment, including wages, work hours, benefits, working conditions, and grievance procedures. Understanding this document is vital for ensuring you receive the protections and perks negotiated on your behalf.

1. Know Your Rights

One of the most critical reasons to read your union contract is to gain awareness of your rights as an employee. Your CBA outlines protections against unfair treatment, discrimination, and workplace hazards. By familiarizing yourself with these rights, you can confidently address any issues that arise in your workplace.

2. Maximize Your Benefits

Understanding your union contract also allows you to access the full range of benefits available to you. From health insurance and retirement plans to paid leave and overtime pay, your CBA details your entitlements. Neglecting to read this document might lead you to miss out on benefits that could significantly enhance your quality of life.

3. Navigate Grievance Procedures

If you encounter a problem at work—whether it’s an unfair disciplinary action or a dispute over pay—your collective bargaining agreement will serve as your guide to resolving the issue. It outlines the grievance procedures that you must follow to address misconduct or violations of your rights. Understanding these procedures empowers you to advocate for yourself effectively and ensures that you don’t forfeit your right to appeal.

4. Enhance Job Satisfaction

When you’re informed about the terms of your employment, you can work more confidently and comfortably. Knowing what to expect in terms of wages, work conditions, and job security can reduce workplace anxiety and enhance job satisfaction. If you’re clear about your rights and benefits, you can focus on your work without fear of exploitation.

5. Be an Active Participant in Your Union

Understanding your union contract positions you to be an active and engaged union member. When you know the terms of the CBA, you can participate meaningfully in union meetings and discussions. You’ll be better equipped to voice your opinions on negotiations, suggest improvements, and advocate for your fellow employees.

 6. Be Prepared for Negotiations

As contracts expire and negotiations begin, your understanding of the current CBA will influence your input. Being knowledgeable allows you to lobby for changes that benefit all employees. Engaging in the negotiation process can lead to improved working conditions and benefits for yourself and your colleagues.

Conclusion

In conclusion, reading and understanding your union contract is essential for knowing your rights, maximizing your benefits, and enhancing your overall job satisfaction. Take the time to familiarize yourself with this important document. If you have questions or need further clarification about your collective bargaining agreement, don’t hesitate to reach out to your union representative or an employment law attorney. Empower yourself to make informed decisions and advocate for a better workplace.

Call to Action

If you have concerns about your rights under your union contract or need legal advice, feel free to contact us. Our team of experienced employment law attorneys is here to assist you in understanding your collective bargaining agreement and protecting your rights.

 

So, my manager just called me into the office…

Ever wonder what your rights are when you get the dreaded call to appear at a meeting with your manager or someone from the human resources department? The answer is…well, it depends, so read on!

If you are a union member, you have the right to union representation during an “investigatory interview” if you reasonably believe the meeting might lead to discipline. These are your Weingarten rights, named after a U.S. Supreme Court decision that created this protection for union members. Employers violate a union member’s Weingarten rights if they proceed with an investigatory interview while refusing to honor the member’s request for union representation.

Most any meeting may be an “investigatory interview” that triggers Weingarten rights, provided the following occurs:

  • A manager, representative of management, or supervisor wants to question an employee;
  • The questioning requires the member to defend, explain, or admit misconduct or work performance issues, including absenteeism and tardiness;
  • The employee reasonably believes that the investigation may result in discharge, discipline, demotion, or other adverse consequence to their job status or working conditions; AND
  • The employee requests a union representative.

Not every meeting triggers Weingarten rights, and it can be tricky to determine if the meeting checks all the boxes to amount to an “investigatory interview.” If you are a union member, it is a good idea to ask for union representation. If you are denied union representation, keep track of everything that happens during the meeting and, as soon as the meeting is over, write detailed notes of everything that happened and contact your union representative and share what happened.

As of this writing (March 6, 2023), Weingarten rights only apply to union employees, but that has changed in the past, and whenever the presidential administration changes, there is a chance that the scope of Weingarten rights may change. For example, the NLRB recently held that strike replacement employees are entitled to Weingarten protections.

So, definitely speak with a lawyer to find out if you have Weingarten rights today. Meanwhile, the benefit of Weingarten rights is one of many reasons to remain #UnionStrong!

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