AI tools are quietly making their way into Canadian workplaces—helping with scheduling, hiring, performance management, and even discipline. But for unionized employers, using AI isn’t just a management decision. It’s a collective bargaining issue.
While only a small percentage of Canada’s workforce is unionized, these workplaces often lead the charge on new standards, so what happens here often sets the tone everywhere else.
You Probably Can’t Just “Implement” AI
Most collective agreements (CBAs) will restrict the employer’s ability to make unilateral changes that affect working conditions, job duties, or how discipline is handled. Rolling out AI that monitors employees, evaluates performance, or automates parts of their work will likely trigger the duty to bargain.
Expect to:
- Provide advance notice to the union;
- Enter into consultation or bargaining over the proposed changes;
- Deal with a grievance if you skip this.
Here is a simplified version of the language we often see in CBAs that may trigger a grievance if proper notice is not provided when rolling out new AI tech:
“The Employer will provide the Union with advance notice of any new technology that significantly affects job duties or conditions. The parties will meet to discuss impacts and mitigation. Disputes may be addressed through the grievance process.”
Review Your CBA First
Before you introduce AI or data-driven tools, pull out your collective agreement. Look for clauses around the following topics to guide the process:
- Technological change
- Management rights
- Privacy or surveillance
- Discipline or job classifications
Expect Pushback on Surveillance and Monitoring
Unions are watching AI developments closely, especially tools that involve:
- Employee surveillance (e.g., webcam monitoring, keystroke tracking)
- Productivity tracking or algorithm-based discipline
- Scheduling or job assignment algorithms
- Automation that could eliminate or restructure roles
CUPE, for example, is already encouraging locals to negotiate protections and impact assessments. Their guidance highlights risks like discriminatory outcomes, job reclassifications, and work being outsourced to tech entirely.
Risk of Management Rights Disputes
If your CBA doesn’t explicitly allow the use of AI for a particular purpose (e.g., discipline), its introduction can lead to a grievance over an expansion of management rights. The union may argue that you’ve gone beyond your scope and changed conditions without bargaining.
If challenged, you’ll need to show that:
- The tech was introduced reasonably (KVP test); and
- It doesn’t undermine the agreement or the union’s role.
Be Prepared for AI Bargaining Demands
As AI becomes more common, unions will start bargaining over:
- Whether AI tools can be used at all
- When consultation or notice is required
- Transparency and explainability of algorithms
- Worker control over data
This means employers should be thinking now about how to:
- Get ahead of AI policy demands at the bargaining table;
- Assess the potential impact of any new tools (especially on classification, duties, wages);
- Stay compliant with both the CBA and applicable privacy laws.
Takeaway for Employers
If you’re in a unionized workplace, don’t assume you can quietly roll out AI. You may need to bargain before making changes that impact work. And even if your current CBA doesn’t say much about AI, expect that to change at your next round of negotiations.
Need help reviewing your CBA or preparing for AI bargaining? We help unionized employers navigate AI, privacy, and modern workplace compliance. Let’s chat.
