- digital bargaining hub
- 0 definitions and scope
Digital Bargaining Hub
The hub provides real-world bargaining clauses, union guidance, and framework agreements that can be adapted for use at the bargaining table.
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0 Definitions and Scope
This theme is concerned with the importance of clearly defining key terms related to workplace digitalisation.
Developing clear definitions for key terms can help ensure that unions and management have a common understanding of how, and under what conditions, the contract language that they have negotiated will apply. When unions negotiate for rights like retraining or upskilling due to technological change; or for language that prohibits electronic monitoring or surveillance of the workforce, it is crucial that the parties have a shared understanding of what terms like 'technological change' and 'electronic monitoring or surveillance' mean.
This theme contains definitions related to key digitalisation terms. They include:
Technological change
Personal data
Monitoring or tracking
Biometric data
Telework (also known as agile work)
Generative artificial intelligence
Wearable technology
This sub-theme defines the term 'technological change'.
Many unions have existing language on technological change. In many instances, definitions for technological change may be outdated. Historically, unions were primarily concerned with protecting workers from job loss or significant workplace restructuring. Current digitalisation trends, however, show that technological change can often unfold as a gradual process. For this reason, unions should aim to negotiate definitions of technological change that are broad and inclusive.
Trade unions in action: Defining technological change
Many collective agreements consider technological change to include the introduction of equipment or material that is substantially different from what was previously used, and a change in the operation of the employer that results from the introduction of the material or equipment. The Canadian union UNIFOR has negotiated a definition of technological change that also includes the introduction of software or hardware. By negotiating a broader definition of technological change, this UNIFOR local has ensured that the associated rights that are triggered when technological change occurs (including retraining, advanced notice, and protections related to layoffs) apply in a broader range of circumstances.
"Technological change” means the introduction or addition of equipment, machines, software or instruments or the modification thereof resulting in any change to work methods, reduction in hours of operations affecting one (1) or more Employee(s).
Union
Unifor
Country
Canada
Year
2023
Document type
Collective bargaining agreement
Clause number
10515
This sub-theme defines the term 'personal data'.
Some jurisdictions have clear legal definitions for the term personal data. Europe's General Data Protection Regulation (GDPR) offers a broad and inclusive definition of personal data which can include "any information relating to an identified or identifiable natural person". This could include names, photographs, audio recordings, IP addresses, email addresses, telephone numbers, and a wide range of other data. In other regions, data protection regulations are lacking.
Digital technologies used at work depend on using and processing workers' personal data. For this reason, it is important that when unions bargain for workers' data rights, they include the broadest range of data possible.
This sub-theme defines the terms 'monitoring' or 'surveillance'.
Surveillance or monitoring includes, but is not limited to, the use of devices designed to capture data such as computers, cameras, video equipment, sound devices, telephones and other communication equipment, software, various methods of establishing identity and location, or any other method of surveillance. Digital systems can capture data actively, for example, every time someone logs on to a computer or uses a key card to enter a building. Digital systems can also capture data passively, for example by tracking network use.
Understanding where and how data is collected through monitoring and surveillance can be an important step to helping unions to identify what kinds of guardrails they should bargain for.
Trade unions in action: Defining monitoring, tracking, or surveillance
In 2022, the province of Ontario passed legislation requiring employers to notify employees if they were subject to electronic monitoring via a written policy. Queen's University Faculty Association recently negotiated language that defines monitoring as active and passive data collection and processing. The union then uses this distinction to bolster other data rights for workers, such as sharing data with the union.
The University shall log all instances of active surveillance or active electronic monitoring of any Member. Following any such activities, and at least annually, the University shall share this log with the [union]. The log shall indicate who approved the surveillance or monitoring, the duration of the surveillance or monitoring, the location in which the images or audio recordings or data are being stored, who was granted access to such recordings or data, and how long the recordings or data are to be retained.
Country
Canada
Year
2023
Document type
Collective bargaining agreement
Clause number
10551
This sub-theme defines the term 'biometric data'.
Biometric data is particularly sensitive and refers to data that references someone's personal characteristics - both physical and biological. There are significant risks associated with biometric data regarding workers' safety and data protection. Unions should be very cautious about the collection and use of any biometric data.
Trade unions in action: Defining biometric data
In New Zealand, the New Zealand Health and Social Services Agreement includes a clear definition of biometric data and some additional precautions that must be taken given the high risk associated with this highly sensitive personal information.
Biometric information Biometric information includes but is not limited to: fingerprints; iris and facial scanning; bodily fluids and other sources of DNA. [The employer] recognises the highly sensitive, enduring and culturally significant nature of biometric information. Biometric information cannot be gathered without the employee's consent. The employee has the right to refuse consent without any negative impacts on their employment. Employees' biometric information can only be used for confirmation of identity for the purpose of access to workplaces or workplace resources. Any biometric information held about an employee will be stored separately from, and not linked to, other personal data held about that employee. When an employee ends employment with the employer, the employer will delete any biometric information they hold for that employee and notify the employee that this has been done.
Union
PSA
Country
New Zealand
Year
2023
Document type
Collective bargaining agreement
Clause number
10297
This sub-theme defines the term 'telework' and other types of remote work arrangements.
Telework, working from home, agile work, and remote work all refer to working from somewhere other than a workers' official or normal location of work. Since the arrival of Covid-19, there are more workers than ever before engaged in these types of arrangements. While some workers engage in telework in a full-time capacity, others have hybrid or blended work arrangements, working from home part-time and from the office at other times.
Theme 4 in the Digital Bargaining Hub relates to telework. Much of the language offered under Theme 4 is complemented by the definitions offered in this sub-theme.
Trade unions in action: Defining telework
Defining telework clearly can help the union and employer understand when telework is taking place and when their workplace obligations change. For example, the Icelandic union VR Union, has specified in their collective agreement with the Commercial Federation of Iceland that remote work must be accompanied by an agreement between the parties (or the employee and the employer). However, based on their definition of remote work, this agreement is only required if the worker is engaged in remote work on a regular basis.
Remote work is a form of work that enables an employee to work outside of the employer’s normal workplace. Remote work is based upon an agreement between parties for work performed on a regular basis or entirely away from the employer’s normal workplace using information technology.
Country
Iceland
Year
2024
Document type
Collective bargaining agreement
Clause number
10527
This sub-theme defines the term 'generative artificial intelligence'.
Generative Artificial Intelligence is a type of technology that can be used to create new content based on patterns in existing data. One of the most common and well known examples is ChatGPT. This is powerful technology. While it creates many possibilities to help make workers' jobs easier, it also risks displacing workers and generating content that is inaccurate.
Unions are beginning to negotiate language on Generative AI. Clearly placing limits on where and under what conditions this technology can be used requires first having a clear definition of what the technology is.
Trade unions in action: Defining generative artificial intelligence
Many of the most advance Generative AI technologies produce written content. This is why the Writes Guild of America worked to negotiate language for their contract over when it can be used and how it will be included in the workplace. This innovative language is the first of its kind and has inspired other unions to adapt it to their needs.
The parties acknowledge that definitions of generative artificial intelligence (‘GAI’) vary, but agree that the term generally refers to a subset of artificial intelligence that learns patterns from data and produces content, including written material, based on those patterns, and may employ algorithmic methods (e.g., ChatGPT, Llama, MidJourney, Dall-E). It does not include ‘traditional AI’ technologies such as those used in CGI and VFX and those programmed to perform operational and analytical functions.
Country
United States
Year
2023
Document type
Collective bargaining agreement
Clause number
10395
This sub-theme defines the term 'wearable technology'.
Data is collection from workers from a wide variety of sources. It is increasingly common for workers' data to be captured from wearable technologies, or items that workers carry with them and that are designed to collect individual-level data on a worker's movement or performance. This can then be aggregated and processed to make inferences about the workforce as a whole.
Trade unions in action: Defining wearable technologies
Workers in a growing array of industries and sectors are being asked to use wearable technologies to track their movement and performance. While this is common in warehousing and logistics, it is also common in professional sports. The Major League Baseball Players Association in the United States has an extremely clear definition on wearable technology. Individual-level statistics are often collected about players and can be seen as a way to evaluate job potential and performance. This can have direct impact on their wages and even what team they play for.
As referenced in this Agreement “wearable technology” refers to any equipment, program, software, device or attire which is designed to collect and/or analyze information or data related to a Player’s health or performance at any location (including on-field, offfield and/or away from the ballpark). Such technologies include, without limitation: activity trackers, electronic bat sensors, biomechanics compression attire, GPS/tracking compression attire and any device, sensor, equipment, attire or dashboard technology which is designed to measure a Player’s health, performance and/or readiness
Country
United States
Year
2022
Document type
Collective bargaining agreement
Clause number
10530
Additional reading on Theme 0: Definitions and scope
EU General Data Protection Regulation (GDPR): Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016. Article 4, Definitions. https://gdpr-info.eu/art-4-gdpr/