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- 1 involvement information and consultation
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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1 Involvement, information and consultation
This theme is concerned with the importance of information sharing, consultation and decision-making when it comes to technological change at work.
When new technologies are introduced, trade unions and worker advocates must be involved in planning, implementation and evaluation. Ensuring that there is a clear channel of communication between all affected parties will help to minimize the risks of digitalisation and protect workers' interests. Bargaining for provisions like information sharing and transparency help keep workers in-the-loop about changes to their professional tasks and roles. It also helps to ensure that workers' demands and needs are incorporated as part of workplace reforms.
Collective bargaining agreements should at the very least address the following:
For public sector workers, agreements should additionally address:
This sub-theme is concerned with how collective bargaining can be used to promote information sharing and consultation rights about technological change.
The introduction of new technology can be a worrying and stressful time for workers, adding to a sense of precariousness in a rapidly changing world of work. To constructively shape digital transformations at work, trade unions need to be aware and informed of plans as early as possible.
Trade unions in action: Anticipating change in the workplace
The Public Service Alliance of Canada (PSAC) has developed contract language proposals for the bargaining table on this theme. These are featured in the box below. Proposals include a definition of technological change, a requirement that employers provide advanced notice in the event of technological change, and that they identify potential risks. Technology changes quickly, so adopting broad and inclusive definitions can help unions prepare for future challenges amidst a rapidly evolving landscape.
Defining “Technological change”:
a. the introduction by the Employer of equipment, or material, systems or software of a different nature than that previously utilized; and
b. a change in the Employer’s operation directly related to the introduction of that equipment, or material, systems or software.
In the case of public service reforms involving technological change, there should be an “expanded written advanced notice from 180 days to 360 days”
The advanced notice should include at least the following information:
“the business case and all other documentation that demonstrates the need for the technological change and the complete formal and documented risk assessment that was undertaken as the change pertains to the employees directly impacted, all employees who may be impacted and to the citizens of Canada if applicable, and any mitigation options that have been considered.
Union
Public Service Alliance of Canada/Alliance de la Fonction publique du Canada
Country
Canada
Year
2020
Document type
Collective Bargaining Agreement
Clause number
10001
This sub-theme is concerned with how unions have bargained for greater involvement in decision-making and investment planning decisions about digitalisation.
Workers' intimate knowledge of workplace organisation and workplace processes gives them unique insight into the impacts of digitalisation and the risks and benefits that accompany it. This is why workers should have a say in how technological change happens at work. Involvement in decision-making and future planning, including investments, is key to ensuring that workers' needs are met.
Trade unions in action: Securing the right to pre-emptive consultation
Ideally, workers should be involved in decision-making before any changes are introduced to the workplace. This type of preemptive consultation can help identify potential problems before they occur. German Transport Union EVG has negotiated a procedure for joint cooperation for digital innovations. You can read this below.
(3) The following procedure model sets the framework for joint cooperation:
a) The respective interest representations are involved in the planning, development or introduction of digital innovations at an early stage. The possible effects of the new/extended digital processes or applications are, as far as possible, pointed out by the employer and discussed with the interest representatives and, if applicable, the collective bargaining partner.
b) Common criteria (cf. § 3) for the assessment of the new/extended digital processes or applications are discussed; open questions are scheduled.
c) The parties involved agree on the concrete process support by the respective interest representations and jointly determine test steps as well as the form of participation.
Country
Germany
Year
2018
Document type
Collective Bargaining Agreement
Clause number
10005
This sub-theme is concerned with how technologies are assessed and evaluated.
Periodic assessments and evaluations of technologies are important as they help determine if systems are working well or if issues have emerged. Technology assessments also provide opportunities for workers to provide employers with feedback. When unions bargain for these types of provisions, they should consider who will participate in evaluations and how findings will be shared. They should also consider how information gathered through assessments can lead to concrete workplace improvements.
Trade unions in action: Ensuring regular assessments
EVG, the German union mentioned above, has developed language on assessing pilot projects. While this language is geared towards new technologies, even established technologies and tools should be periodically assessed. This is because as workplace processes or technologies change, so will the risks and benefits associated with digitalisation.
(3) The following procedure model sets the framework for joint cooperation:
d) In the case of piloting, before the roll-out of the digital innovation takes place, an evaluation and, if necessary, readjustment of the impact assessment shall be submitted by the employer to the relevant interest representation.
e) In order to conclude the participation process with the respective interest representations, an assessment of the effects of the digital innovation in terms of personnel, economic and structural aspects and with regard to the protection of employees (cf. section 3 subsection 4) shall be submitted. On this basis, a decision must be made as to whether and to what extent regulations for dealing with the consequences of the digital innovation process are to be agreed.
Country
Germany
Year
2018
Document type
Collective Bargaining Agreement
Clause number
10012
Trade unions in action: Implementing targeted assessments
Assessments can be used to help understand technology's differential impact on targeted themes like redundancy, climate commitments, health and safety (see Theme 7) or on workers who are members of historically disadvantaged groups (covered in more detail under Theme 2). Targeted assessments can help ensure that important themes don't slip through the cracks.
Below are two examples of 'equal opportunity assessments'. The first is model contract language from UK union UNISON. UNISON wanted to ensure that technologies do not discriminate against particular groups of users. The second example, from Syndicat de la fonction publique et parapublique du Québec (SFPQ), mentions the creation of specific programs to promote greater equality. Importantly, these programs are accompanied by evaluation and assessment mechanisms.
The parties to this agreement recognise that automation:
i) Tends to have a disproportionate impact on sections of the workforce defined as possessing “protected characteristics” according to the Equality Act (for Northern Ireland, replace with “a disproportionate impact on sections of the workforce defined within Section 75 of the Northern Ireland Act 1998”) and therefore an equality impact assessment will be considered for all proposals.
Union
UNISON
Country
United Kingdom
Year
2018
Document type
Guidance
Clause number
10025
This sub-theme is concerned with language and provisions that are specific to public sector unions.
Public service unions often advocate for their worker members and for the public writ large. While digitalisation can offer many benefits, it can negatively impact working conditions and even the accessibility of public services. For example, automating access to public services can create challenges for those who are not digitally literate.
Trade unions in action: Protecting public services
Public service trade unions have developed bargaining language to minimize negative impacts that technologies will have on public services and public service users. The Public Service Alliance of Canada (PSAC) provides an example:
The business case and all other documentation that demonstrates the need for the technological change and the complete formal and documented risk assessment that was undertaken as the change pertains to the employees directly impacted, all employees who may be impacted and to the citizens of Canada if applicable, and any mitigation options that have been considered.
Union
Public Service Alliance of Canada/Alliance de la Fonction publique du Canada
Country
Canada
Year
2020
Document type
Collective Bargaining Agreement
Clause number
10011